Title 23 — LAW ENFORCEMENT

Source: SDC 1939 & Supp 1960, § 34.1614; SL 2001, ch 118 , § 1; SL 2017, ch 100 , § 1.

The attorney general shall procure and file for record, photographs, pictures, descriptions, fingerprints, measurements, and such other information as may be pertinent of all persons who may hereafter be taken into custody for offenses other than those arising solely out of the v…

Terms used in §§ 23-5-10 to 23-5-13 , inclusive, mean: (1) "Confidential criminal justice information," criminal identification information compiled pursuant to chapter 23-5 , criminal intelligence information, criminal investigative information, criminal statistics information m…

Confidential criminal justice information and criminal history information are specifically exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15 , inclusive, and may be withheld by the lawful custodian of the records. Information, if maintained, about calls for service revea…

The superintendent of any public school or nonpublic school or the owner or operator of any child welfare agency as defined in § 26-6-1 or a certified social worker eligible to engage in private independent practice as defined in § 36-26-17 may submit the name of any person being…

Any costs collected pursuant to § 1-11-13 for providing information requested under § 23-5-12 shall be deposited in a special revenue fund for reimbursement to the Office of the Attorney General for the costs of administering the procedure authorized in §

The attorney general shall also cooperate with, and assist sheriffs, chiefs of police, and other law enforcement officers to the end that a complete state system of criminal identification, investigation, and statistical information may be established. Source: SDC 1939, § 55.1606…

The attorney general shall procure and file for record the fingerprint impressions and other means of identification and statistical information of all persons contained in any workhouse, jail, reformatory, penitentiary, or other penal institutions, together with such other infor…

The sheriffs, chiefs of police, marshals of the municipalities, and any other law enforcement officers and peace officers of the state, immediately upon the arrest of any person for a felony or misdemeanor, exclusive of those exceptions set forth in § 23-5-1 , shall take such per…

The attorney general shall compare the description received pursuant to § 23-5-4 with those already on file in the Division of Criminal Investigation and if he finds the person arrested has a criminal record or is a fugitive from justice, he shall at once inform the arresting off…

The warden or superintendent of any penal or reformatory institution in this state, the attorney general or his authorized assistants or agents, the sheriff of any county in this state, or the chief of police of any municipality in the state is hereby authorized and empowered, wh…

Any department or institution that makes or takes any photograph, impression, measurement, description, or record including confidential criminal investigative information, taken or made as provided for in § 23-5-6 shall be filed and preserved by the department or institution. Th…

The warden of the state correctional facility shall furnish photographs, fingerprints, and other identifying information of all inmates received at such institution and shall transmit the same to the Division of Criminal Investigation. Source: SDC 1939, § 55.1605; SL 1966, ch 161…

23-5-10 Definition of terms. 23-5-11 Confidential criminal justice information not subject to inspection--Exception. 23-5-12 Examination of own criminal history information--Written request--Authorization of release to others--Waiver of liability. 23-5-12.1 Criminal record check …