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CHAPTER 1-15

DEPARTMENT OF CORRECTIONS

1-15-1      Repealed.
1-15-1.1      Repealed.
1-15-1.2      Department created.
1-15-1.3      Secretary as head of department--Appointment--Qualifications.
1-15-1.4      Agencies and programs under department control.
1-15-1.5      Department to perform functions of former Board of Charities and Corrections.
1-15-1.6      Superseded.
1-15-1.7      Appointment of division directors.
1-15-1.8      Rules, regulations, and standards in full force and effect--Exceptions.
1-15-1.9      Repealed.
1-15-1.10      Replacement of Board of Charities and Corrections--Effect.
1-15-1.11      Repealed.
1-15-1.12      Duties, responsibilities, and authority of wardens granted by secretary.
1-15-1.13      Corrections Commission--Members--Terms--Purpose.
1-15-1.14      Review of criminal justice issues--Annual report.
1-15-2, 1-15-3. Repealed.
1-15-4      Repealed.
1-15-5      Repealed.
1-15-6      Repealed.
1-15-6.1      Administrative functions performed for Board of Pardons and Paroles.
1-15-7      Repealed.
1-15-8      Repealed.
1-15-9      Repealed.
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 care of persons from other states.
1-15-10.3      Transfer of institutional residents to other states or federal government--Payment of expenses.
1-15-10.4      Agreements for state care of federal wards.
1-15-10.5      Transferred.
1-15-10.6 to 1-15-10.10. Repealed.
1-15-11      Enforcement of contracts and property rights--Judgment proceeds.
1-15-12      Supplies not to be purchased from institution employees.
1-15-13      Federal funds--Acceptance and use.
1-15-14      Condemnation of private property.
1-15-15      Repealed.
1-15-16, 1-15-16.1. Repealed.
1-15-17      Employment of institutional personnel in maintenance and replacement projects.
1-15-18      Management and accounting prescribed by secretary.
1-15-19      Repealed.
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1-15-22      Repealed.
1-15-23      Investigatory powers of secretary.


1-15-24      Investigations by attorney general on secretary's request.
1-15-25      Repealed.
1-15-26      Repealed.
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      Responsibilities of Council of Juvenile Services.
1-15-31      Participation in Juvenile Justice and Delinquency Prevention Act contingent on funding.
1-15-32      Participation in international prisoner transfer treaties.
1-15-33      Responsibility for transporting inmates to hearings.
1-15-34      County responsible for certain costs of transporting inmates.
1-15-35      Department of Corrections responsible for certain costs of transporting inmates.
1-15-36      Promulgation of rules to administer reinvestment program.


     1-15-1.   Repealed by SL 1989, ch 20, § 11.


     1-15-1.1.   Repealed by SL 1977, ch 198, § 22.


     1-15-1.2.   Department created. There is created a department of corrections.

Source: SL 1989, ch 20, § 1.


     1-15-1.3.   Secretary as head of department--Appointment--Qualifications. The head of the Department of Corrections is the secretary of corrections. The secretary of corrections shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor pursuant to article IV, section 9 of the South Dakota State Constitution. The secretary of corrections shall be qualified by training and experience to administer the programs of the Department of Corrections and have such other qualification as may be specified by statute.

Source: SL 1989, ch 20, § 2.


     1-15-1.4.   Agencies and programs under department control. The Department of Corrections, under the direction and control of the secretary of corrections, shall govern the juvenile corrections programs established subject to § 26-11A-1, the state penitentiary, and other state correctional facilities, parole services, the Board of Pardons and Paroles, and such other agencies as may be created by statute, executive order, and administrative action and placed under the Department of Corrections.

Source: SL 1989, ch 20, § 3; SL 1991, ch 7, § 1; SL 2004, ch 168, § 74.


     1-15-1.5.   Department to perform functions of former Board of Charities and Corrections. The Department of Corrections shall perform all of the functions of the former Board of Charities and Corrections for the agencies in § 1-15-1.4.

Source: SL 1989, ch 20, § 4.


     1-15-1.6.   Superseded.


     1-15-1.7.   Appointment of division directors. The secretary of corrections shall appoint, and may at pleasure remove, subject to approval by the Governor, division directors in the Department of Corrections. The secretary of corrections shall submit for approval to the commissioner of personnel minimum qualifications for the division director positions within the Department of Corrections.

Source: SL 1989, ch 20, § 6.


     1-15-1.8.   Rules, regulations, and standards in full force and effect--Exceptions. Unless inconsistent with other provisions of this chapter, all rules, regulations, and standards of the agencies in § 1-15-1.4 that are in effect on July 1, 1989, shall continue with full force and effect until they are specifically altered, amended, or revoked in the manner provided by law, unless the statutory authority for such rules is superseded by this chapter.

Source: SL 1989, ch 20, § 7.


     1-15-1.9.   Repealed by SL 2012, ch 4, § 1.


     1-15-1.10.   Replacement of Board of Charities and Corrections--Effect. The rights, privileges, and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other transactions entered into, before July 1, 1989, by the state or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein, remain in effect, and none of those rights, privileges, duties, covenants, or agreements is impaired or diminished by abolition of an agency in this chapter. The Department of Corrections replaces the Board of Charities and Corrections for the agencies in § 1-15-1.4 and succeeds to its rights and leases, indentures, and other transactions.

Source: SL 1989, ch 20, § 9.


     1-15-1.11.   Repealed by SL 2012, ch 4, § 2.


     1-15-1.12.   Duties, responsibilities, and authority of wardens granted by secretary. The secretary of corrections may grant the warden of any adult correctional facility the same duties, responsibilities, and authority granted to the warden of the state penitentiary by state law for inmates at facilities under the warden's control.

Source: SL 1990, ch 180, § 3; SL 1994, ch 189, § 2.


     1-15-1.13.   Corrections Commission--Members--Terms--Purpose. There is established a Corrections Commission. The commission shall be assigned to the Department of Corrections.
     The commission shall consist of nine members:
             (1)      Three members appointed by the Governor. The Governor shall appoint: one member from a list of three nominees provided by the Industry and Commerce Association of South Dakota; one member from a list of three nominees provided by the South Dakota Retailers Association; and one member representing labor;
             (2)      Two senators, one from each political party, appointed by the respective political party caucus leader;
             (3)      Two representatives, one from each political party, appointed by the respective political party caucus leader; and
             (4)      Two members appointed by the Chief Justice of the Supreme Court.
     Members shall serve at the pleasure of the appointing authority and may be removed by the appointing authority at any time.
     The commission shall meet at least two times each year at the call of the secretary of the Department of Corrections or the chair of the commission. The commission shall assist the Department of Corrections in examining criminal justice issues and developing initiatives to address problems in corrections and the criminal justice system. In addition, no funds, other than those for normal operating costs and replacement of existing necessary equipment, may be expended from the prison industries revolving fund for the purposes of enhancement, development, or expansion of prison industries without approval of the commission.

Source: SL 1991, ch 6 (Ex. Ord. 91-5), §§ 2-5; SL 1993, (SS), ch. 3, § 8; SL 1996, ch 160, § 2.


     1-15-1.14.   Review of criminal justice issues--Annual report. The Corrections Commission established in § 1-15-1.13 shall undertake a continuing study of criminal justice issues in South Dakota. The study may include a review of current felonies, felony sentences, sentencing options, practices, programs, trends, and initiatives. The commission shall annually report on its activities to the Legislature, Governor, and Chief Justice of the Supreme Court.

Source: SL 1994, ch 7; SL 2008, ch 7, § 1.


     1-15-2, 1-15-3.   Repealed by SL 1989, ch 20, §§ 12, 13.


     1-15-4.   Repealed by SL 1971, ch 23, § 2.


     1-15-5.   Repealed by SL 1982, ch 9, § 2.


     1-15-6.   Repealed by SL 1989, ch 20, § 14.


     1-15-6.1.   Administrative functions performed for Board of Pardons and Paroles. 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.   Repealed by SL 1989, ch 20, § 17.


     1-15-10.   Contracts for service, buildings, lands, materials, and supplies. The Department of Corrections may make contracts for service, the erection of buildings, the purchase and lease of lands, materials and supplies needed, except such supplies as are under the supervision of the Bureau of Administration as prescribed by chapter 5-18B. The department may expend money, exact and collect penalties, and purchase, lease, and sell property within the limitations of the state and national laws to carry out such contracts.

Source: SDC 1939, § 55.1705; SL 1973, ch 4, § 1; SL 1982, ch 9, § 6; SL 1989, ch 20, § 18; SL 2011, ch 2, § 105.


     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. The Department of Corrections may enter into contracts with the proper authorities of other states or the federal government, to provide for the support, maintenance, care, and treatment of other persons subject to or receiving institutional treatment in any such other state or federal government, in the appropriate institution in South Dakota under the control and jurisdiction of the department. Any person residing in any institution under the provisions of this section is subject to return to the sending state or federal government at the discretion of the head of the institution in which such person is residing.

Source: SL 1972, ch 9, § 1; SL 1983, ch 199, § 8; SL 1987, ch 14; SL 1989, ch 20, § 19.


     1-15-10.2.   Compensation of state for care of persons from other states. The expenses for such support, maintenance, care, and treatment as agreed upon may not be less than an amount required to compensate the State of South Dakota for the total cost thereof to the state. The compensation received pursuant to this section shall be deposited in the general fund.

Source: SL 1972, ch 9, § 2; SL 1989, ch 20, § 20; SL 2016, ch 140, § 4.


     1-15-10.3.   Transfer of institutional residents to other states or federal government--Payment of expenses. The Department of Corrections may transfer any person who is a resident at any institution under its control to another state or to the federal government for like institutional care, and contract with the proper authorities of such other state or federal government for the support, maintenance, care, and treatment in the appropriate institution in such state or of the federal government.
     The expense for such support, maintenance, care, and treatment as agreed upon shall be paid out of funds available to the department and paid out on vouchers approved by the secretary of corrections, or in such case as agreed upon by the receiving state or federal government, may be reimbursed by the trading of like residents on a day for day basis.

Source: SL 1972, ch 9, § 3; SL 1983, ch 199, § 9; SL 1989, ch 20, § 21.


     1-15-10.4.   Agreements for state care of federal wards. The Department of Corrections may contract with the federal government, through any of its authorized departments, boards, commissions, or agencies for the admission, treatment, care, custody, or attendance of those persons who are the responsibility of the federal government or residents of South Dakota, or committed from South Dakota. The contracts shall specify that the federal government shall compensate the State of South Dakota for the total cost to the state for the treatment, care, custody, or attendance of the persons.

Source: SL 1955, ch 267; SDC Supp 1960, § 55.5501; SDCL, § 1-23-11; SL 1982, ch 9, § 7; SL 1983, ch 199, § 10; SL 1989, ch 20, § 22.


     1-15-10.5.   Transferred to § 26-11A-1.1.


     1-15-10.6 to 1-15-10.10.   Repealed by SL 1996, ch 172, §§ 26 to 30.


     1-15-11.   Enforcement of contracts and property rights--Judgment proceeds. The Department of Corrections may bring suit in the proper court in its own name, to enforce any contract made by it and any suit relating to such property, or to the care, custody, control, management, or improvement thereof, and the attorney general shall prosecute any such suit upon the request of the secretary of corrections. Any money collected upon any judgment obtained under the provisions of this section shall be paid into the treasury for the benefit of the penal institutions and credited to the proper fund or funds. This section and § 1-15-10 confer upon the Department of Corrections all powers which are necessary to the proper legal management of the correctional institutions placed under its control, and the property belonging to the same.

Source: SDC 1939, § 55.1705; SL 1989, ch 20, § 29.


     1-15-12.   Supplies not to be purchased from institution employees. No supplies of any kind may be purchased for state institutions from any officer or employee of any state institution, or from any firm or corporation in which such officer or employee may be interested, and it is unlawful for the state auditor to allow any bills to any such officer, employee, or corporation or firm in which they may be interested, for any supplies of any kind or character for any state institution.

Source: SDC 1939, § 55.1709; SL 1989, ch 20, § 30.


     1-15-13.   Federal funds--Acceptance and use. The Department of Corrections may, subject to chapter 4-8B, accept and control on behalf of the institutions of this state under the department's supervision:
             (1)      Any federal funds, grants-in-aid, subventions, or other financial aids that may be made available to such institutions for grants, program expansion, establishing institutes or instructional centers, or any other program made available to the institutions;
             (2)      Any federal funds which may become available for equipment, personnel or administrative salaries, educational services, buildings, building repairs and additions, or any other institutional program, improvement, or expansion.
     The state treasurer shall receive such sums as may be allotted to the department for institutions under the department's jurisdiction, for any purpose, from the United States government. Such donations and allotments shall be placed in a special fund available to the institution designated.
     The state auditor shall draw warrants from the special fund upon presentation of vouchers approved by the secretary of corrections. Notwithstanding any other provision of this section, any federal funds received for the reimbursement of services provided by the department shall be deposited in the general fund.

Source: SL 1965, ch 261, §§ 1 to 3; SL 1974, ch 8; SL 1982, ch 9, § 8; SL 1989, ch 20, § 31; SL 2016, ch 140, § 3.


     1-15-14.   Condemnation of private property. The Department of Corrections may condemn private property for public use. The term "private property" includes that portion of any street, alley, or other public highway along both sides of which the land is owned by the state. If the Department of Corrections considers it necessary to condemn any private property for the purpose of erecting or repairing any building or buildings or extending grounds and premises of any of the correctional institutions of the state of which it has control, the secretary of corrections shall declare such condemnation necessary, stating the purposes and extent thereof, and communicate the same to the attorney general, and thereupon proceedings for such condemnation shall be had, in the name of the state as plaintiff, as provided in chapter 21-35.

Source: SDC 1939, § 55.1710; SL 1989, ch 20, § 32.


     1-15-15.   Repealed by SL 1982, ch 9, § 9.


     1-15-16, 1-15-16.1.   Repealed by SL 2012, ch 4, §§ 3, 4.


     1-15-17.   Employment of institutional personnel in maintenance and replacement projects. The Department of Corrections may expend any moneys appropriated by the Legislature for maintenance, repair, remodeling, modernization, and replacement projects by using institutional personnel and inmates as may be determined by the secretary to be feasible.

Source: SDC 1939, § 55.1715 as added by SL 1964, ch 154; SL 1989, ch 20, § 35.


     1-15-18.   Management and accounting prescribed by secretary. 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 identification of all property belonging to the state in any of such institutions.

Source: SDC 1939, § 55.1712; SL 1989, ch 20, § 36.


     1-15-19.   Repealed by SL 1982, ch 9, § 10.


     1-15-20.   Rules, policies, and procedures for management of institutions and agencies--Inmate discipline. 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;
             (4)      Federal and out-of-state inmates housed in state correctional facilities; and
             (5)      Inmate accounts.
     The department may prescribe departmental policies and procedures for the management of its institutions and agencies, including inmate disciplinary matters. Inmate disciplinary matters consist of all matters relating to individual inmate behavior and to all matters relating to the maintenance of order, control, and safety within any institution under the supervision of the Department of Corrections.

Source: SDC 1939, § 55.1715; SL 1955, ch 239, § 6; SL 1964, ch 154; SL 1989, ch 20, § 37; SL 1990, ch 180, § 1; SL 1995, ch 3, § 1.


     1-15-20.1.   Inmate defined. 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 § 1-15-1.4.

Source: SL 1995, ch 3, § 1A; SL 2009, ch 10, § 20.


     1-15-21.   Receipt and disbursement of inmates' funds. 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 accounts may be transferred to a benefit fund from which goods and services may be purchased for use by the institutional population.

Source: SDC 1939, § 55.1715 as added by SL 1964, ch 155; SL 1982, ch 9, § 11; SL 1989, ch 20, § 38.


     1-15-22.   Repealed by SL 1982, ch 9, § 12.


     1-15-23.   Investigatory powers of secretary. 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 officers and employees of the same, the condition of the buildings, grounds, and other property connected therewith, and into all other matters pertaining to their usefulness and good management. For these purposes the secretary shall have free access to the grounds, buildings, and all books and papers relating to such institutions, and all persons in any manner connected with the same shall give such information and afford such facilities for inspection as the secretary may require, and any neglect or refusal on the part of any officer, employee, or person connected with such institutions to comply with the requirements of this section shall be sufficient cause for his removal. The secretary may administer oaths and examine any person in relation to any matter connected with the inquiries authorized by this chapter.

Source: SDC 1939, §§ 55.1712, 55.1717; SL 1989, ch 20, § 39.


     1-15-24.   Investigations by attorney general on secretary's request. 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 given by the secretary of corrections to the attorney general, who shall make inquiry and take such proceedings in the premises as he may deem necessary and proper, and shall report his action and the results thereof to the secretary without delay.

Source: SDC 1939, § 55.1719; SL 1989, ch 20, § 40.


     1-15-25.   Repealed by SL 1982, ch 9, § 13.


     1-15-26.   Repealed by SL 1989, ch 20, § 41.


     1-15-27.   Participation in formula grants program of Juvenile Justice and Delinquency Prevention Act. 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.


     1-15-28.   Department of Corrections to supervise participation in Juvenile Justice and Delinquency Prevention Act. The Department of Corrections shall be responsible, through the Council of Juvenile Services established in § 1-15-29, for supervising the preparation and administration of the state's plan required by Section 223(a) for participation in the formula grants program of the Act. The Department of Corrections shall be responsible for providing staff and support services to the Council of Juvenile Services and implementing the plan in a manner which will ensure compliance with Sections 223(a)(12), (13), and (14) of the Act. The department shall seek necessary authority and take all necessary action as provided by law to enforce compliance with the Act.

Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 23; SL 2003, ch 9, § 1.


     1-15-29.   Council of Juvenile Services--Appointment--Terms. 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 justice. The membership of the Council of Juvenile Services shall comply with Section 223(a)(3) of the Juvenile Justice and Delinquency Act. The initial members to be appointed shall draw lots to determine who will hold the eight three-year terms, the six two-year terms, and the six one-year terms. Thereafter, each member shall serve a term of three years. Members may be reappointed and may continue to serve an expired term until replaced by the Governor. A chairperson, who may not be a full-time federal, state, or local employee, for the Council of Juvenile Services shall be chosen annually by a majority vote of its members at the first meeting each fiscal year.
     The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.
     Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 24; SL 2003, ch 9, § 2; SL 2012, ch 16, § 27; SL 2013, ch 176, § 20.


     1-15-30.   Responsibilities of Council of Juvenile Services. 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 South Dakota;
             (2)      Approve the state plan, and any modifications thereto, required by 223(a) of the Act prior to submission to the Office of Juvenile Justice and Delinquency Prevention;
             (3)      Submit annual recommendations to the Governor and Legislature concerning the functions of the Council of Juvenile Services and the status of the state's compliance with the Act;
             (4)      Approve or disapprove grant applications and other funding requests submitted to the Department of Corrections under §§ 1-15-27 to 1-15-31, inclusive, and assist with monitoring grants and other fund awards;
             (5)      Assist the Department of Corrections in monitoring the state's compliance with the Act;
             (6)      Study the coordination of the various juvenile intervention, prevention, treatment, and rehabilitation programs;
             (7)      Study effective juvenile sentencing, adjudication, and diversion policies and provisions;
             (8)      Make a special study of, and make an annual report to the Governor, the Unified Judicial System, and the Legislature by June thirtieth of each year concerning, the appropriate administration of and provision for children in need of supervision in this state;
             (9)      Contact and seek regular input from juveniles currently under the jurisdiction of the juvenile justice system; and
             (10)      Perform other such activities as determined by the Governor, the secretary of the Department of Corrections, or the Council of Juvenile Services.

Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 25; SL 2003, ch 9, § 3.


     1-15-31.   Participation in Juvenile Justice and Delinquency Prevention Act contingent on funding. 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.


     1-15-32.   Participation in international prisoner transfer treaties. 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, authorize the secretary of corrections to consent to the transfer or exchange of offenders under the jurisdiction of the Department of Corrections and take any other action necessary to initiate the participation of this state in the treaty.

Source: SL 1993, ch 9.


     1-15-33.   Responsibility for transporting inmates to hearings. 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 shall transport the inmate to the proceeding or hearing. If an inmate is ordered by a court to be present at a hearing under § 26-7A-122, the county where the hearing is held shall transport the inmate to the hearing. However, if the proceeding is for a criminal offense committed while the inmate was in a Department of Corrections institution, the Department of Corrections shall transport the inmate to the proceeding.

Source: SL 1999, ch 110, § 3.


     1-15-34.   County responsible for certain costs of transporting inmates. 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.


     1-15-35.   Department of Corrections responsible for certain costs of transporting inmates. 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.


     1-15-36.   Promulgation of rules to administer reinvestment program. The Department of Corrections shall promulgate rules pursuant to chapter 1-26 to administer a reinvestment program for the purposes of improving public safety and reducing recidivism. The reinvestment program is part of the local and endowment fund. The rules shall include the following:
             (1)      A calculation of the number of felony probation population as of fiscal year end. The Unified Judicial System will provide the necessary data on felony probationers to the Department of Corrections;
             (2)      A calculation of the five years, FY09 to FY13, inclusive, to determine how many felony probationers are under supervision in each county at fiscal year end. A trend line based on the prior growth in each county shall project growth based upon past performance;
             (3)      If the use of felony probation in a county has increased beyond the trend line calculated in subdivision (2) of this section, then the county will be compensated for additional felony probationers who are under supervision at fiscal year end. The first calculation of probationers beyond the trend line shall be on June 30, 2014, and the first payment shall be made on or about October 1, 2014;
             (4)      That a county's sheriff office shall receive one thousand dollars for each additional probationer beyond the trend line calculated in subdivisions (2) and (3) of this section;
             (5)      That in counties without a county jail, the sheriff shall receive an additional two hundred dollars per probationer above the trend line due to transportation costs;
             (6)      That the reinvestment fund shall be in existence until the fund is depleted; and
             (7)      That any probationer admitted to probation under a program described in § 16-22-8 is not included in the calculation performed in subdivision (2) of this section.

Source: SL 2013, ch 101, § 77, eff. June 30, 2014.


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