Title 21 — JUDICIAL REMEDIES
76 chapters · 1,083 sections in this title.
SDCL § 21-62-1 Prisoner defined
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For the purposes of this chapter, the term, prisoner, means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms of parole, probation, pretrial release, or diversi…
SDCL § 21-62-2 Exhaustion of administrative remedies or grievance procedures
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No civil action may be brought by any prisoner confined to any jail, prison, or other correctional facility until such administrative remedies or grievance procedures as are available are exhausted. Compliance with this section does not toll any applicable statutory notice period…
SDCL § 21-62-3 Actions for mental or emotional injury prohibited
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No civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility for mental or emotional injury suffered in custody that is not caused by a physical injury. Source: SL 2010, ch 112 , § 3.
SDCL § 21-62-4 Dismissal of actions regarding prison conditions
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A court shall, on its own motion or on the motion of a party, dismiss any action brought with respect to prison conditions by a prisoner confined to any jail, prison, or other correctional facility if the court determines that the action is frivolous, malicious, fails to state a …
SDCL § 21-62-5 Application of chapter
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The provisions of this chapter do not apply to proceedings pursuant to chapter 21-27 or to any civil action that does not arise from the terms or conditions of a prisoner's confinement. Source: SL 2010, ch 112 , § 5.
SDCL § 21-62-6 Lack of administrative remedy no basis for action
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The failure to adopt an administrative remedy or grievance procedure does not constitute the basis for any action or relief. Source: SL 2010, ch 112 , § 6.