Title 24 — CORRECTIONAL FACILITIES AND PAROLE

A prisoner confined to any jail while serving a sentence is liable for court - ordered fines and restitution and any obligation incurred while under the custody of the sheriff or officer having charge of the jail. Disbursement shall be made from a prisoner's account to defray the…

No alcoholic beverages, controlled substances as defined by chapter 34-20B , marijuana, or weapons as defined in subdivision 22-1-2(10), may be possessed by any inmate of a jail. No prescription drugs may be possessed by any inmate of a jail except by order of a physician, physic…

No cellular telephone, electronic communications device, tobacco product, or any other item not provided by or authorized by the operator of the jail facility may be possessed by an inmate of a jail. No item provided by or authorized by the operator of the jail facility may be po…

No employee or other person may deliver or procure to be delivered, or have in such person's possession with intent to deliver, to any person incarcerated in a jail or a juvenile detention facility, or deposit or conceal in or around any jail or in or around a juvenile detention …

A prisoner may be involuntarily treated with psychotropic medication if it is determined, pursuant to the provisions of this chapter, that the prisoner suffers from a severe mental illness as defined in § 27A-1-1 , which is likely to improve with treatment, and that without treat…

Any county jail may be used for the safekeeping of any fugitive from justice in this state, in accordance with the provisions of any act of Congress, and the jailer shall in such case be entitled to reasonable compensation for the support and custody of such fugitive from the off…

Prior to involuntary treatment with psychotropic medication, the prisoner shall receive a hearing before a panel consisting of two medical representatives and a representative appointed by the county sheriff. The medical representatives may include a physician, physician assistan…

If the involuntary treatment of a prisoner with psychotropic medication is to exceed thirty days, a physician who is not the attending physician shall review the inmate's medical record at least every thirty days and make a written determination whether involuntary treatment with…

In an emergency, involuntary treatment of a prisoner with psychotropic medication may be administered without panel review for up to a maximum of ten days if the treatment is ordered by two physicians. Source: SL 2013, ch 115 , § 4.

The county sheriff shall maintain records of any involuntary treatment with psychotropic medication. The records shall include the frequency of use of the treatment and any available medical history of a prisoner's prior mental illness, and may include such other information as d…

No person who serves on the hearing panel, who is the attending physician or who orders or participates in the involuntary treatment with psychotropic medication of a prisoner may be held civilly or criminally liable for the treatment pursuant to this chapter if the person perfor…

Source: SL 2017, ch 109 , § 2; SL 2023, ch 79 , § 12.

Source: SL 2017, ch 109 , § 3; SL 2023, ch 79 , § 13.

Source: SL 2017, ch 109 , § 4, eff. July 1, 2018; SL 2023, ch 79 , § 14.

Source: SL 2017, ch 109 , § 5, eff. July 1, 2018; SL 2023, ch 79 , § 15.

Source: SL 2017, ch 109 , § 6, eff. July 1, 2018; SL 2023, ch 79 , § 16.

Source: SL 2019, ch 234 (Supreme Court Rule 19-13), eff. Apr. 2, 2019; SL 2023, ch 79 , § 17.

All sheriffs or officers having charge of any jail to whom any person shall be sent or committed by virtue of legal process issued by or under the authority of the United States, shall receive such person into custody and safely keep him until he is discharged by due course of th…

Officers within any jail, as defined in § 24-11-1 , shall receive training developed by the Division of Criminal Investigation on recognizing the signs and symptoms of mental health problems and defusing mental health crises. After initial training, each officer shall attend furt…

Before every stated term of the United States court to be held within this state, the sheriffs or officers having charge of jails shall make, under oath, a calendar of prisoners in their custody under the authority of the United States, with the date of their commitment, by whom …

If any person is confined in any county jail by authority of the United States or of any state or territory other than this state or any county other than the county in which the county jail is located, the sheriff or other person in charge of the jail, may charge and collect a s…

24-11-10 Required fireproofing for designated jail. 24-11-11 Heat and furnishings for jail--Expense. 24-11-12 Appointment of jail physician--Physician's reports. 24-11-13 Officer in charge of jail--Conformance to policies and procedures. 24-11-14 Removal of prisoners in case of f…

The supervisor of a jail, as defined in § 24-11-1 , or a prison warden may attempt to prevent a prisoner from causing severe harm or death to himself or herself by refusing sufficient nutrition or hydration. A prisoner may be involuntarily fed or hydrated if it is determined, pur…

Prior to involuntary feeding or hydration, the prisoner shall receive a hearing before a panel consisting of two medical representatives and a representative of the jail or prison. The medical representatives shall be a physician, physician assistant, or certified nurse practitio…

The hearing panel: (1) Shall engage in a confidential review of the prisoner's medical records; (2) Shall receive a description of the proposed course of treatment for the involuntary feeding or hydration of the prisoner and testimony of the circumstances of the situation from th…

The panel may order involuntary feeding or hydration by a majority vote. The panel shall provide its decision in writing to the attending physician, the supervisor of the jail or prison warden, and the prisoner. The prisoner may appeal an adverse decision of the panel to the supe…

In an emergency, involuntary feeding or hydration of a prisoner may be administered without panel review for up to three days if two medical representatives who are a physician, physician assistant, or certified nurse practitioner order the treatment. Involuntary feeding for a gr…

If involuntary feeding or hydration of a prisoner exceeds ten days, a physician who is not the attending physician shall review the prisoner's current case and at subsequent intervals not to exceed three days, make a written determination whether the involuntary feeding or hydrat…

A jail or prison shall maintain records of any involuntary feeding or hydration of prisoners. The records shall include any available medical history of a prisoner's prior refusal of adequate nutrition or hydration, current and prior illnesses, and may include such other informat…

No person who serves on the hearing panel, who is the attending physician, who is the supervisor of the jail or prison warden, or who orders or participates in the involuntarily feeding or hydrating of a prisoner may be held civilly or criminally liable for the involuntarily feed…

This amount shall be paid to the sheriff in addition to the amount set forth in §

Source: SL 1986, ch 202 , § 1; SL 1987, ch 185 , § 1; SL 1993, ch 188 , § 1.

Any county of this state, which is compelled to incur expense for the apprehension and detention of escapees from the custody of the Department of Corrections, including sheriff's mileage and expense, the costs and expenses of a trial, and damage or injury resulting to county pro…

In order to obtain reimbursement pursuant to § 24-12A-1 , the chair of the board of county commissioners of the county shall present a claim on a voucher to be approved by the secretary of corrections for all of the actual expenses paid by the county. When the voucher is presente…

The Board of Pardons and Paroles shall consist of nine members. Three members shall be appointed by the Governor; at least one shall be an attorney. Three members shall be appointed by the attorney general; at least one shall be an attorney. Three members shall be appointed by th…

The executive director shall: (1) Keep minutes of all proceedings of the Board of Pardons and Paroles, keep a record of every application for a pardon, commutation, reprieve, or remission of a fine or forfeiture filed with the board and of all findings of the board and the dispos…

The Board of Pardons and Paroles may conduct hearings by teleconference during a regularly scheduled hearing. The board may receive documentary evidence via facsimile machines or other electronic means of document transfer. Source: SL 1990, ch 183 , § 2; SL 1992, ch 177 , § 15; S…

The provisions of articles I to IV, inclusive, and articles VI to XI, inclusive, of chapter 19-19 do not apply in proceedings before the Board of Pardons and Paroles. Source: SL 2009, ch 127 , § 1.

A former member of the Board of Pardons and Paroles is eligible, upon the request of the chair of the Board of Pardons and Paroles, to serve as an auxiliary member for a period of four years following the former member's service on the board. An auxiliary member has the same stat…

No more than one auxiliary member may serve on a single hearing panel pursuant to §

The Board of Pardons and Paroles may not have more than nine members, including auxiliary members, conducting a hearing or taking action on a parole or clemency matter. Source: SL 2015, ch 144 , § 3.

No auxiliary member may serve as chair of the Board of Pardons and Paroles. Source: SL 2015, ch 144 , § 4.

The members of the board shall serve for terms of four years. Members are eligible for reappointment. The Governor, the attorney general, and the Supreme Court each shall appoint three members, whose terms shall expire on the third Monday in January of the fourth year after appoi…

The Board of Pardons and Paroles shall be administered under the direction and supervision of the Department of Corrections but shall retain the quasi - judicial, quasi - legislative, advisory, and other nonadministrative functions otherwise vested in it, and shall exercise those…

At the first meeting in each year, the board shall select one of its members as chair. The board shall meet at the times and places prescribed by its rules and whenever called together by the chair. Source: SL 1961, ch 46 , §§ 1, 3; SDCL, § 23-58-4; SL 1978, ch 186 , § 7; SL 1979…

A majority of the members shall constitute a quorum for official administrative business. Source: SL 1992, ch 177 , § 6. 24-13-4.2 to 24-13-4.5. Repealed by SL 2005, ch 132 , §§ 1 to 4. 24-13-4.6. Repealed by SL 2019, ch 118 , § 1.

Each member of the Board of Pardons and Paroles shall receive compensation and expense reimbursement set pursuant to § 4-7-10.4 for attending meetings or performing duties of the board. Source: SL 1961, ch 46 , § 1; SDCL, § 23-58-2; SL 1978, ch 186 , § 4.

The Board of Pardons and Paroles shall meet in open session at facilities provided by the Department of Corrections at least every three months to hear applications for parole, to grant the privilege of parole to deserving inmates, for the discussion and adoption of policy, for r…

Pursuant to chapter 1-26 , the Board of Pardons and Paroles may promulgate procedural rules for the effective enforcement of chapters 24-13 to 24-15 , inclusive, and for the exercise of powers and duties conferred upon it. Additionally, the Board of Pardons and Paroles may utiliz…

The Board of Pardons and Paroles may issue process requiring the presence of any person before it and require the production of papers, records, and exhibits in any matter pending before it. Any member of the board may administer oaths to witnesses appearing before it. Source: SL…