Title 24, CORRECTIONAL FACILITIES AND PAROLE

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 …

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 …

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…

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.

The earnings of inmates released under this chapter shall be assigned and paid to the Department of Corrections. Source: SL 1967, ch 32 , § 5; SL 1989, ch 20 , § 148; SL 2006, ch 138 , § 1.

The Department of Corrections shall place all earnings in the inmate's account and make disbursements therefrom in the priority set forth below: (1) The board and room charges of the inmate; (2) Necessary travel expenses and other incidental expenses of the inmate related to the …

No inmate engaged in work - release activities may drive or operate a motor vehicle unless the inmate has established to the satisfaction of the sheriff or warden that the inmate is in compliance with § 32-35-113 . Source: SL 1989, ch 215 ; SL 2004, ch 168 , § 39.

The term, jail, as used in this chapter includes any building or place provided or used by any county, municipality, or civil township for the detention of adult persons convicted or accused of the violation of any law of this state, any ordinance or bylaw of any municipality or …

All buildings designed for the purposes mentioned in § 24-11-1 and erected after July 1, 1911, shall be constructed with fireproof floors, and interior wall surfaces. Source: SDC 1939, § 13.4601.

The board of county commissioners or the governing body of any municipality shall provide suitable means for warming each jail and its cells and apartments, provide beds and bedding, and such permanent fixtures and repairs as may be required by the policies and procedures provide…

The board of county commissioners or governing body of the municipality may appoint a physician for the jail or jails within its jurisdiction and provide for the payment of his services, which physician shall make a report in writing to such board or governing body or to the judg…

The sheriff or other officer designated by law or ordinance shall have charge of the jail of his county or municipality and of all persons by law confined therein. The officer in charge of any jail shall conform in all respects to the policies and procedures required by § 24-11-2…

If any jail or building adjacent thereto shall be on fire and the prisoners shall be exposed to danger by such fire, the keeper may remove such prisoners to a place of safety and there confine them so long as may be necessary to avoid such danger, and such removal and confinement…

The sheriff or other officer having charge of any jail shall keep jail records. These records shall be carefully kept and preserved and delivered to such officer's successor in office. The officer shall exhibit these records to any judge of the circuit court, if requested to do s…

All instruments of every kind, or attested copies thereof, by which a prisoner is committed or liberated, shall be regularly endorsed, filed, and safely kept by the sheriff or officer acting as jailer, and shall be delivered to his successor in office. When a prisoner is confined…

All jails shall confine persons of different sexes apart from each other. Source: SDC 1939, § 13.4601; SL 1981, ch 195 , § 6.

There shall be established and maintained in every county, by authority of the board of county commissioners and at the expense of the county, a jail for the purposes stated in this chapter, except as provided in § 24-11-3 . Source: SDC 1939, § 13.4602; SL 1963, ch 57 .

It is a Class 2 misdemeanor for any officer having charge of any jail to keep together in the same cell block male and female prisoners, except husband and wife. Source: SDC 1939, §§ 13.4609, 13.4621; SL 1979, ch 150 , § 36; SL 1981, ch 195 , § 7.

The governing body or board of county commissioners is responsible for securing bedclothing, laundry, board, nursing when required, and all necessaries for the comfort and welfare of the prisoners. If a prisoner or any person under arrest receives medical treatment pursuant to th…

If an inmate of a county jail requires medical, dental, optometric, chiropractic, or psychiatric care, the medical provider shall submit the claim for costs of the services to any available insurer, prior to submitting the claim to the county. If the claim is denied, or no insure…

The governing body or commission responsible for the operation of a jail shall adopt written policies and procedures for the regulation of the jail on the following subjects: (1) The cleanliness of the prisoners; (2) The classification of prisoners by sex, age, crime, and mental …

The sheriff or officer in charge of each jail shall, on the receipt of such policies and procedures, cause them to be posted and kept posted in some conspicuous place accessible to all prisoners in the jail or provide a copy to each prisoner upon admission. Source: SDC 1939, § 13…

The judge of the circuit court may visit, inspect, and supervise all the jails in his circuit and all county and municipal officers shall comply with the orders of such court relating to jails or inmates therein, in accordance with law and the policies and procedures provided for…

Every able - bodied prisoner over eighteen and not more than fifty years of age confined in any jail under the judgment of any court authorized to imprison upon conviction for the violation of any law of this state, an ordinance or bylaw of any municipality, or civil township, or…

All persons confined in any jail may be allowed upon request to perform the labor described by § 24-11-28 . Source: SDC 1939, § 13.4615.

If there is no jail or juvenile detention facility in the county, or if the jail or juvenile detention facility in the county is crowded, unsafe, or otherwise insufficient to conform to the requirements of this chapter, every judicial or executive officer of the county who has th…