Title 1 — STATE AFFAIRS AND GOVERNMENT

The secretary of corrections shall prescribe the management of such institutions, and such manner of keeping the accounts thereof so that all property belonging to the state can be readily ascertained at any time from the books and accounts thereof, and shall provide a method of …

1-15-20 Rules, policies, and procedures for management of institutions and agencies--Inmate discipline. 1-15-20.1 Inmate defined. 1-15-21 Receipt and disbursement of inmates' funds. 1-15-22

The Department of Corrections at any time may promulgate rules, pursuant to chapter 1-26 , concerning: (1) Public contact with inmates through telephone and mail services and visits; (2) Inmate release date calculations; (3) Standards for parole supervision and parolee conduct; (…

For the purposes of § 1-15-20 and chapter 1-27 , an inmate is any person, adult, or juvenile, who has been sentenced or committed to or placed in a facility or program under the control of the Department of Corrections pursuant to §

The Department of Corrections may receive and disburse any funds that may accrue to inmates or juveniles in residence at institutions under jurisdiction of the department. Such disbursement shall be made for the benefit of the inmate or juvenile. However, interest earned on joint…

1-15-23 Investigatory powers of secretary. 1-15-24 Investigations by attorney general on secretary's request. 1-15-25

The secretary of corrections may inquire into and examine the condition of the institutions under the department's control, financially or otherwise; inquire and examine into their methods of instruction and government and management of their inmates, the official conduct of all …

If, in the opinion of the secretary of corrections, any matter in regard to the management of any institution under the department's control, or any matter in regard to any inmate of any such institution, requires legal investigation or action of any kind, notice thereof may be g…

1-15-26

1-15-27 Participation in formula grants program of Juvenile Justice and Delinquency Prevention Act. 1-15-28 Department of Corrections to supervise participation in Juvenile Justice and Delinquency Prevention Act. 1-15-29 Council of Juvenile Services--Appointment--Terms. 1-15-30 R…

The State of South Dakota shall participate in the formula grants program established by Part B of the Juvenile Justice and Delinquency Prevention Act of 1974, Pub.L. No. 93-415; 88 Stat. 1109, as amended (42 U.S.C. § 5601 et seq). Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 22.

There is hereby established a twenty-member Council of Juvenile Services to be appointed by the Governor and shall be comprised of individuals who have training, experience, or special knowledge of juvenile delinquency prevention or treatment or of the administration of juvenile …

The Council of Juvenile Services shall be responsible for the following: (1) In conjunction with the secretary of the Department of Corrections, establish policy on how the formula grants program of the Juvenile Justice and Delinquency Prevention Act is to be administered in Sout…

Participation in the Juvenile Justice and Delinquency Prevention Act of 1974 is contingent upon appropriation of federal expenditure authority and general fund match for planning and administration purposes by the Legislature. Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 26.

If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which the offenders are citizens or nationals, the Governor may, on behalf of the state and subject to the terms of the treaty, aut…

If an inmate confined in any prison, facility, or program under the control of the Department of Corrections pursuant to § 1-15-1.4 , is ordered by the court to be present at a criminal proceeding or a sentence modification hearing pursuant to § 23A-27-19 , the prosecuting county…

In the event a county fails to transport an inmate as required in §§ 1-15-33 to 1-15-35 , the county may be billed for the cost of the transport and is responsible for the payment thereof. Source: SL 1999, ch 110 , § 4.

In the event the Department of Corrections fails to transport an inmate as required in §§ 1-15-33 to 1-15-35 , the department may be billed for the cost of the transport and is responsible for the payment thereof. Source: SL 1999, ch 110 , § 5.

Source: SL 2013, ch 101 , § 77, eff. June 30, 2014; SL 2023, ch 82 , § 3.

There is hereby established in the state treasury the incarceration construction fund. Expenditures out of the fund must only be by special appropriation of the Legislature and must be used for the capital construction or improvement of incarceration facilities located in South D…

1-15-5

1-15-6

1-15-6.1 Administrative functions performed for Board of Pardons and Paroles. 1-15-7

The Department of Corrections shall perform all administrative functions of the Board of Pardons and Paroles. Source: SL 1977, ch 198 , § 5; SDCL Supp, § 1-36-18; SL 1989, ch 20 , § 15. 1-15-7. Repealed by SL 1989, ch 20 , § 16. 1-15-8. Repealed by SL 1982, ch 9 , § 4. 1-15-9. Re…

1-15-8

1-15-9

1-15-10 Contracts for service, buildings, lands, materials, and supplies. 1-15-10.1 Contracts for institutional treatment of persons with other states or federal government--Discretion to return person to sending state or federal government. 1-15-10.2 Compensation of state for ca…

For the benefit of the people of this state and the improvement of their health, welfare, safety, trade, commerce, industry, economy, and living conditions, it is essential that the people of this state have access, both geographically and financially, to adequate and affordable …

Members of the authority shall receive no compensation for services but shall be entitled to the necessary expenses including traveling and lodging expenses incurred in the discharge of their duties. Any payments for compensation and expenses shall be paid from funds of the autho…

Any member of the authority may be removed by the Governor for misfeasance, malfeasance, or willful neglect of duty or other cause after notice and a public hearing unless such notice or hearing shall be expressly waived in writing. Source: SL 1972, ch 10 , § 3.

The authority shall appoint an executive director and may appoint an associate executive director, who shall not be members of the authority and shall serve at its pleasure. They shall receive such compensation as shall be fixed by the authority. Source: SL 1972, ch 10 , § 5.

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees an…

Each member of the authority shall execute a surety bond in the penal sum of fifty thousand dollars and the executive director shall execute a surety bond in the penal sum of one hundred thousand dollars or, in lieu thereof, the chairman of the authority shall execute a blanket b…

The authority has the following powers together with all powers incidental or necessary for the performance thereof: (1) To have perpetual succession as a body politic and corporate; (2) To adopt bylaws for the regulation of its affairs and the conduct of its business; (3) To sue…

The authority shall have the power to assist, coordinate and participate with governmental authorities and issuers of states other than the State of South Dakota (for purposes of this section, "out - of - state issuers") in connection with issuance of bonds, notes or other eviden…

Any determination of a minimum amount of cash and investment reserves and the existence of excess funds available for transfer, grant, or use pursuant to subdivision 1-16A-15(7), shall be evidenced by a resolution of the authority. In establishing the minimum amount of cash and i…

The authority may delegate by resolution to one or more of its members or to its executive director or associate executive director such powers and duties as it may deem proper. Source: SL 1972, ch 10 , § 5.

The executive director or associate executive director, or other person designated by the authority, shall keep a record of the proceedings thereof and shall be custodian of all books, documents and papers filed with the authority, the minute books or journal thereof and its offi…

Notwithstanding any other provisions of law, all funds received by the authority shall be set forth in an informational budget as described in § 4-7-7.2 and be annually reviewed by the Legislature. Source: SL 1984, ch 4 , § 1.

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to receive and accept from any public agency loans or grants for or in aid of the construction of facilities or any portion thereof, or for equipping the same…

The authority may invest any funds, including funds made available to the authority pursuant to § 1-16A-75 , in the following: (1) Bonds, notes, certificates of indebtedness, treasury bills, or other securities constituting direct obligations of, or obligations the principal of a…

As used in this chapter, unless the context otherwise requires: (1) "Authority" means the South Dakota Health and Educational Facilities Authority created by this chapter; (2) "Costs," as applied to facilities financed in whole or in part under this chapter, include the sum total…

Source: SL 1997, ch 4 , § 8; SL 2020, ch 2 , § 4.

To be eligible for financing under this chapter, any participating health institution located outside of this state shall, at the time of issuance: (1) Be financing or refinancing health facilities located within the United States; (2) Control, be controlled by, or be under commo…

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to determine the location and construction of any facility to be financed under the provisions of this chapter and to construct, reconstruct, renovate, replac…

The authority is authorized and empowered directly or by or through a participating health institution or participating educational institution, as the case may be, as its agent, to acquire by purchase, lease, gift, devise or otherwise such lands, structures, property, real or pe…

Facilities may be acquired, purchased, constructed, reconstructed, improved, bettered and extended and bonds may be issued under this chapter for said purposes notwithstanding that any other law may provide for the acquisition, purchase, construction, reconstruction, improvement,…

Facilities are not subject to any requirements relating to public buildings, structures, grounds, works, or improvements imposed by the laws of this state or any other similar requirements which may be lawfully waived by this section and any requirement of competitive bidding or …

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to mortgage all or any portion of the facilities and the site or sites thereof, whether then owned or thereafter acquired, for the benefit of the holders of b…

The authority shall not have the power to operate the facilities as a business other than as a lessor. Source: SL 1972, ch 10 , § 8.