Title 24, CORRECTIONAL FACILITIES AND PAROLE

The South Dakota State Penitentiary, Mike Durfee State Prison, South Dakota Women's Prison, Jameson Prison, Pierre Minimum Center, Rapid City Minimum Center, Yankton Minimum Center, and Sioux Falls Minimum Center are the correctional facilities of this state for the punishment an…

All officers and persons employed by the Department of Corrections shall perform such duties as may be required of them by the secretary, in conformity with law and the rules, policies and procedures of the department. The Department of Corrections may promulgate rules pursuant t…

All process served within the precincts of a state correctional facility, either upon an inmate or upon a person or officer employed within the precincts thereof, except upon the warden, must be served and returned by the warden, personally or by a designee. All officers and empl…

The secretary of corrections shall have charge and custody of each state correctional facility, with all lands, buildings, furniture, tools, equipment, implements, stock and provisions, and all other property pertaining thereto or within the precincts thereof. Source: SDC 1939, §…

The secretary of corrections may make any purchase for a state correctional facility on such conditions and in such manner as in the warden's opinion best promotes the interest of the state. Source: SDC 1939, § 13.4711; SL 2004, ch 168 , § 3; SL 2023, ch 82 , § 57.

No person employed by the Department of Corrections may have any pecuniary interest in any contract or business conducted by the department. Source: SDC 1939, § 13.4710; SL 1989, ch 20 , § 76; SL 2023, ch 82 , § 58.

No person employed by the Department of Corrections may engage in procuring clemency for any inmate confined therein, except as provided for in § 24-2-20 . Source: SDC 1939, § 13.4709; SL 1989, ch 20 , § 77; SL 2023, ch 82 , § 59.

Any person, employed by the state, or employed within any state prison or other detention facility, who knowingly engages in an act of sexual penetration, as defined in § 22-22-2 , or sexual contact, as defined in § 22-22-7.1 , with another person who is in detention and under th…

Upon notification of the death of any inmate who has not been released on parole or suspended sentence, an official of the Department of Corrections shall contact the county coroner, who shall proceed in accordance with the provisions of chapter 23-14 . A department official shal…

The Department of Corrections may contract with any local jail in the state for the custody and care of any prisoner committed to a state correctional facility at a rate to be negotiated by the secretary of corrections. Source: SL 1989, ch 192 , § 2; SL 2023, ch 82 , § 61.

The sentencing judge may request to be notified by the Department of Corrections if an inmate who was convicted of committing a crime escapes, is released from prison, is placed on furlough or work release pursuant to chapter 24-8 , is returned from escape, or is removed from wor…

The prison facility authorized by SL 2025 (1st SS), ch 1, may not be used for the temporary detention of non-adjudicated noncitizens who are being actively deported by the Department of Homeland Security. Source: SL 2025 (1st SS), ch 1 , § 11, eff. Sep. 23, 2025.

Each state correctional facility and its ancillary facilities is under the direction and government of the Department of Corrections. Source: SDC 1939, § 13.4703; SL 1989, ch 20 , § 69; SL 2023, ch 82 , § 51.

The secretary of corrections shall appoint a warden for each correctional facility under the direction and government of the department. The secretary may remove a warden at the secretary's discretion. Source: SDC 1939, § 13.4704; SL 1945, ch 45 ; SL 1951, ch 39 ; SL 1953, ch 37 …

The secretary of corrections shall fix a salary for the warden of each correction facility, any part of which may be paid out of the prison industries revolving fund. Source: SDC 1939, § 13.4704; SL 1945, ch 45 ; SL 1951, ch 39 ; SL 1953, ch 37 ; SL 1961, ch 43 ; SL 1979, ch 161 …

All inmates under confinement in a state correctional facility are under the charge and custody of the secretary of corrections, who may delegate to the warden of the state correctional facility the authority to govern, house, discipline and employ them in the manner prescribed b…

Any person sentenced to imprisonment in a state correctional facility is under the protection of the law, and any injury to such person not authorized by law is punishable in the same manner as if the person were not convicted or sentenced. Source: SDC 1939, § 13.0204; SL 1989, c…

Any inmate against whom the disciplinary sanction of punitive confinement has been given for violating any of the rules or policies of the Department of Corrections, unless otherwise determined by the secretary of corrections, shall be housed in a segregation section of the state…

Any inmate having forfeited time granted for good conduct pursuant to § 24-2-12 may earn such forfeited time back by petitioning the classification board, established by the rules promulgated by the Department of Corrections, for restoration of good conduct time if the inmate has…

Upon the recommendation of the warden, the secretary of the Department of Corrections may, at any time prior to the inmate's final discharge, restore time granted for good conduct which has been forfeited pursuant to § 24-2-12 . This section does not apply to the forfeiture of ti…

Possession of the following articles by an inmate of a state correctional facility, unless directly issued by the Department of Corrections and used in accordance with the department's policies and procedures, is a felony pursuant to the following schedule: (1) Possession of any …

If any inmate, convicted under the laws of this state, has demonstrated continued exceptional good behavior, or is in failing health, or for some other good and sufficient reason in the interest of justice, the Governor, upon the recommendation of the secretary of corrections, ma…

The warden of a state correctional facility shall keep a true record of the conduct of each inmate and shall specify each infraction of the rules of discipline. An inmate shall receive notice of every entry on the inmate's record of each such infraction of the rules of discipline…

The warden may, at any time prior to an inmate's final discharge, consider recommendations of the disciplinary committee pertaining to the withholding of statutory time granted for good conduct and may recommend to the secretary of corrections that the reduction of time for good …

Written documentation shall be maintained of each inmate's institutional adjustment, rehabilitative progress, medical history, and any other facts considered pertinent by the warden. Source: SDC 1939, § 13.4714; SL 1989, ch 20 , § 97.

A warden may not accept delivery of a defendant to a state correctional facility without a certified copy of the judgment containing the information required pursuant to § 23A-27-4 . Source: SL 2007, ch 150 , § 3; SL 2023, ch 82 , § 64.

Notwithstanding the provisions of § 24-1-26 , when requested, regarding the fitness of any inmate, sentenced as an adult, for a modification of sentence, parole, pardon, or early release, the warden shall furnish only to the sentencing court, the secretary of corrections, the Boa…

As used in § 24-2-20 , the term, governmental entities, means any department, division, or other public agency of any municipal, county, state, or national government. Source: SL 2001, ch 118 , § 5; SL 2004, ch 168 , § 12.

Any employee or other person who delivers or procures to be delivered, or possesses with the intent to deliver, to any inmate in a state correctional facility, or who deposits or conceals in or around any facility or place used to house inmates, or in any mode of transport enteri…

The secretary of corrections may extend the limits of the place of confinement of an inmate, if the secretary has reasonable cause to believe that the inmate will honor the secretary's prescribed conditions to visit or be housed in specifically designated places within the state.…

The warden may confiscate and dispose of, in the manner as in the opinion of the secretary of corrections will best promote the interest of the state, any article in the personal possession of any inmate which is unlawful for an inmate to possess pursuant to state law or the rule…

The Department of Corrections may establish and maintain facilities, programs, or services outside the precincts of a state correctional facility and contract with other governmental entities for the care and maintenance of inmates committed to the Department of Corrections. Howe…

The term, halfway house, means a residential facility that provides services and supervision of inmates for the purpose of reintegrating inmates into the community. Each halfway house shall be operated by a unit of local government, the Department of Corrections, or any private i…

Each inmate under the jurisdiction of the Department of Corrections is liable for the cost of the inmate's confinement which includes room and board charges; medical, dental, optometric, and psychiatric services charges; vocational education training; and alcoholism treatment cha…

Each inmate is liable for court-ordered fines, costs, fees, sanctions, and restitution and any obligation incurred while under the jurisdiction of the Department of Corrections including those provided for in §§ 24-2-28 , 24-7-3 , 24-8-9 , 24-15-11 , 24-15A-24 , and 23A-35B-4 and…

The secretary of corrections shall develop department rules which allow an inmate to be sanctioned pursuant to §§ 24-2-9 and 24-15A-4 for each instance that a court finds that the inmate has done any of the following while in the custody of the Department of Corrections: (1) File…

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 , …

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…

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 § 24-4-7 . Source: SDC 1939, § 13.4723; SL 1989, ch 20 , § 109.