Title 24 — CORRECTIONAL FACILITIES AND PAROLE

It is the policy of the State of South Dakota that each inmate of a Department of Corrections facility shall be employed or work in some productive capacity if there is a suitable work situation. Any inmate may be required to work without compensation as a condition of confinemen…

Any person who enters into a contract with the Department of Corrections to provide health care services for inmates is not subject to the requirements of Title 58 for the provision of those services to inmates. However, any activity of such a person outside the scope of the cont…

An inmate may be involuntarily treated with psychotropic medication if it is determined that the inmate suffers from a severe mental illness, as defined in § 27A-1-1 , which is likely to improve with treatment, and that without treatment the inmate poses the likelihood of serious…

Prior to involuntary treatment with psychotropic medication, the inmate shall receive a hearing before a panel consisting of a psychiatrist, a physician, and a representative of the warden, none of whom may have participated in the inmate's current diagnosis, evaluation, or treat…

If involuntary treatment of an inmate with psychotropic medication is to exceed thirty days, a physician who is not the attending physician shall review the inmate's case at intervals not to exceed thirty days and make a written determination whether involuntary treatment with ps…

In an emergency, involuntary treatment of an inmate with psychotropic medication may be administered without panel review for up to ten days if the treatment is ordered by two physicians, one of whom shall be a psychiatrist. Source: SL 1996, ch 159 , § 4.

The Department of Corrections shall maintain records of any involuntary treatment with psychotropic medication. The records shall include the frequency of use of this treatment and any available medical history of a prisoner's prior mental illness, and may include such other info…

Officers within any state prison shall receive training on recognizing the signs and symptoms of mental health problems and defusing mental health crises. After initial training, each officer shall attend further training at least once every four years. Source: SL 2017, ch 109 , …

24-2-6 Maintenance of order--Prevention of escapes. 24-2-7 24-2-7 , 24-2-8. Repealed by SL 1979, ch 161 , § 12 24-2-9 Disciplinary sanctions authorized--Corporal punishment prohibited. 24-2-10 Unauthorized injury to inmate--Punishment. 24-2-11

A correctional facility official shall mail to the destination of the inmate's choice, at the expense of the inmate, all effects, except money, in possession of each inmate when committed to the correctional facility. Money shall be deposited in the inmate's personal institutiona…

Officers and employees may use any necessary means, including reasonable force, to maintain order in any adult correctional facility, to enforce obedience, suppress insurrections and prevent escapes, even at the hazard of life. Source: SDC 1939, § 13.4717; SL 1979, ch 161 , § 4; …

Any inmate violating the rules or institutional policies is subject to any one or more of the following disciplinary sanctions: (1) Withholding of statutory time for good conduct; (2) Punitive confinement; (3) Imposition of fines; (4) Restriction of privileges; (5) Loss of work o…

24-4-1, 24-4-2. Repealed by SL 1979, ch 161 , § 12 24-4-3, 24-4-4. Repealed by SL 1989, ch 20 , §§ 105, 106 24-4-5, 24-4-6. Repealed by SL 1979, ch 161 , § 12

Inmate labor may be used on any work in which the State of South Dakota or any of its political subdivisions are engaged or has an interest, or by executive order pursuant to § 34-48A-5 , at any place within the state. The secretary and the warden shall make such provision for th…

Any person who has custody of an inmate pursuant to § 24-4-7 shall immediately report the unauthorized absence of any inmate and shall promptly return any inmate to the custody of the warden if ordered to do so. Source: SDC 1939, § 13.4722; SL 1989, ch 20 , § 108; SL 2004, ch 168…

The warden may authorize monetary compensation to inmates for work performed under the provisions of §

If the funds exceed the inmate's obligations as provided for in § 24-2-29 , the official shall give the excess balance back to the inmate or an heir of the inmate. Otherwise, the official shall deposit the excess balance in the state general fund. Source: SL 1987, ch 184 , § 1; S…

If any inmate has been discharged under the provisions of § 24-5-1 , 24-5-7 , or 24-15A-8.1 , the inmate shall, at the time of discharge, be considered as restored to the full rights of citizenship. At the time of the discharge of any inmate under the provisions of this chapter, …

Upon discharge of an inmate from a correctional facility, whether by parole, suspended sentence, or final discharge, a correctional facility official must provide the inmate with the following, if not already provided: (1) Suitable clothing; (2) A sum of money to be determined by…

24-5-6 Closing of inmate's institutional account with negative balance. 24-5-7 Board authorized to grant early final discharge from supervision--Certificate of discharge--Prisoner not entitled to early discharge.

If any inmate of a state correctional facility dies, is discharged, or escapes, leaving funds in the inmate's institutional account or other tangible personal property of value, a correctional facility official shall apply these funds towards the inmate's obligations as provided …

If any inmate of a state correctional facility dies or is discharged from a state correctional facility with a negative balance in the inmate's institutional account, a state correctional facility official may close out that account. Source: SL 1987, ch 184 , § 2; SL 2004, ch 169…

Upon recommendation of the supervising agent, the Board of Pardons and Paroles may grant an early final discharge from supervision for a parolee or person serving a suspended sentence under supervision of the board if the board is satisfied that an early final discharge would be …

Source: SL 1971, ch 135 , §§ 1 to 4; SDCL Supp, §§ 13-57-23 to 13-57-26; SL 1975, ch 128 , § 355; SL 1984, ch 138 , § 1; SL 1985, ch 202 ; SL 1989, ch 20 , § 121; SL 1994, ch 189 , § 1; SL 2004, ch 168 , § 25; SL 2023, ch 82 , § 77. 24-6A-2 to 24-6A-5. Repealed by SL 2004, ch 168…

The South Dakota State Prison Industries constitutes the operating organization for all of the industries now established at the state penitentiary, including the license plate plant, furniture shop, bookbindery, and sign shop. The prison industries shall also embrace any new ind…

The director of prison industries shall be the custodian of all moneys and property of the prison industries and shall keep accurate account of all its proceedings and transactions, make all reports, requisitions, and statements, may install such systems of accounting as will mee…

All contracts for material used in a manufactured product, containers, machinery, repairs, and services shall be made and executed by the director of prison industries with the approval of the secretary of corrections. Source: SL 1947, ch 265 , § 4; SDC Supp 1960, § 13.47A04; SL …

The director of prison industries shall sell the products and services of the various prison industries to the federal government, states and subdivisions thereof, and to individuals. The director, with the approval of the secretary of corrections, may execute such contracts on b…

The Department of Corrections may contract prison labor to private enterprises and may establish new industries beyond the use and purpose of furnishing goods, products, and services to the federal government, state governments, and their political subdivisions. The Department of…

All state departments shall buy license plates and licensing decals from the prison industries if the prison industries are able to furnish such license plates and licensing decals. The prison industries shall furnish such license plates and licensing decals at the actual cost of…

Any state department contracting for any of the products provided for by prison industries shall pay for such goods as provided by law. All money received for the manufacturing of products shall be deposited to the credit of the revolving fund provided for in this chapter. Source…

The secretary shall submit an annual report to the Governor and the Legislature setting out all the activities of prison industries that were engaged in the previous year. The secretary shall include in the report financial summaries of all activities of prison industries, a list…

The prison industries shall be controlled, operated, maintained, and improved and buildings for its use erected and remodeled under the supervision of the secretary of corrections. Source: SL 1947, ch 265 , § 2; SL 1955, ch 30 ; SDC Supp 1960, § 13.47A02; SL 1989, ch 20 , § 125.

The secretary of corrections may appoint a director of prison industries who shall supervise the operation of the various prison industries. Source: SL 1947, ch 265 , § 2; SL 1955, ch 30 ; SDC Supp 1960, § 13.47A02; SL 1989, ch 20 , § 126; SL 1991, ch 206 , § 1.

The director of prison industries shall use such inmate labor as may be necessary in the operation of the prison industries and pay wages within limits fixed by the secretary of corrections. Source: SL 1947, ch 265 , § 2; SL 1955, ch 30 ; SDC Supp 1960, § 13.47A02; SL 1989, ch 20…

The prison industries revolving fund shall be available for the operation of the various prison industries. Source: SL 1947, ch 265 , § 3; SDC Supp 1960, § 13.47A03; SL 1989, ch 20 , § 128.

Separate accounts shall be kept by the director of prison industries to clearly show the financial condition of each separate prison industry. Source: SL 1947, ch 265 , § 3; SDC Supp 1960, § 13.47A03; SL 1984, ch 30 , § 13; SL 1989, ch 20 , § 129.

At the end of the fiscal year the state treasurer shall transfer any cash balance in excess of five hundred thousand dollars from the prison industries revolving fund to the general fund. Source: SDC 1939, § 13.4805; SL 1947, ch 265 , § 3; SDC Supp 1960, § 13.47A03; SL 1984, ch 3…

The Department of Corrections may conditionally release selected inmates and may extend the limits of the place of confinement of such inmates of a state correctional facility. If the warden determines that the character and attitude of an inmate reasonably indicate that the inma…

The earnings of inmates under this chapter are not subject to garnishment, attachment, or execution either in the hands of the employer or an agent authorized to hold or transmit such moneys. Source: SL 1967, ch 32 , § 5; SL 2004, ch 168 , § 40.

The secretary of corrections shall determine the amount to be paid for board and room by each work release inmate. If special circumstances warrant or for a just and reasonable cause, the secretary of corrections may waive the payment of board and room charges. All the board and …

24-8-14

No inmate being employed or trained in the community under the provisions of this chapter is an agent, employee, or involuntary servant of the Department of Corrections while released pursuant to the provisions of this chapter. Source: SL 1967, ch 32 , § 4; SL 1989, ch 20 , § 152…

Repealed by SL 1982, ch 16 , § 19

24-8-4 Agreements with other state agencies and political subdivisions for housing employed inmates. 24-8-5 Rules for administration of release program. 24-8-6 Failure of inmate to report constitutes escape. 24-8-7

Any inmate released pursuant to § 24-8-1 shall be confined in the institution from which released or some other suitable place of confinement approved by the warden. Such confinement shall be for such periods of time that such inmate is not actually working at his or her employed…

The secretary of corrections may enter into agreements with other agencies of the state and the political subdivisions for the confinement and the providing of other services for those inmates whose employment or vocational training or other educational programs so require, and s…

The Department of Corrections may promulgate rules, pursuant to chapter 1-26 , for the placement, supervision, and confinement of inmates and for the administration of the programs authorized by this chapter. Source: SL 1967, ch 32 , § 3; SL 1989, ch 20 , § 145.

The failure of an inmate to report to or return from planned employment, the seeking of employment, or vocational training constitutes escape, and such inmate shall be charged therefor. Source: SL 1967, ch 32 , § 4; SL 2004, ch 168 , § 37. 24-8-7. Repealed by SL 1989, ch 20 , § 1…

24-8-9 Disbursements to defray inmate's obligations--Priority of disbursements. 24-8-9.1 Operation of motor vehicle by inmate. 24-8-10 Earnings exempt from seizure. 24-8-11 Charges for room and board--Disposition of amounts received. 24-8-12