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CHAPTER 24-1

MANAGEMENT OF STATE PENITENTIARY

24-1-1      Penitentiary as general state prison.
24-1-2, 24-1-3.      Repealed.
24-1-4      Government of penitentiary by Department of Corrections.
24-1-5      Repealed.
24-1-6      Appointment and removal of warden.
24-1-7      Repealed.
24-1-8      Salary of warden.
24-1-9      Repealed.
24-1-10      Repealed.
24-1-11      Warden as general supervisor of other officers--Standards of personal conduct for officers and employees.
24-1-12      Service of process within penitentiary--Officers exempt from jury duty.
24-1-13      Warden as custodian of all penitentiary property.
24-1-14, 24-1-15.      Repealed.
24-1-16      Penitentiary purchases.
24-1-17 to 24-1-24.      Repealed.
24-1-25      Penitentiary employees prohibited from having interest in penitentiary contracts or business.
24-1-26      Penitentiary employees prohibited from involvement in procuring clemencies.
24-1-26.1      Sexual acts prohibited between prison employees and prisoners.
24-1-27      Disposition of body of dead inmate--Notice to next of kin.
24-1-28 to 24-1-31.      Repealed.
24-1-32      Repealed.
24-1-33      Repealed.
24-1-34      Repealed.
24-1-35      Contract with local jail for custody and care of prisoners.
24-1-36      Notice to sentencing judge of inmate's change of status.


     24-1-1.   Penitentiary as general state prison. The state penitentiary is the general prison of this state for the punishment and reformation of offenders to which such offenders as may be committed, according to law, by any court of this state, shall be confined, employed, and governed in the manner provided by law.

Source: SDC 1939, § 13.4701; SL 2004, ch 168, § 1.


     24-1-2, 24-1-3.   Repealed by SL 1979, ch 161, § 12


     24-1-4.   Government of penitentiary by Department of Corrections. The state penitentiary and its ancillary facilities shall be under the direction and government of the Department of Corrections.

Source: SDC 1939, § 13.4703; SL 1989, ch 20, § 69.


     24-1-5.   Repealed by SL 1989, ch 20, § 70


     24-1-6.   Appointment and removal of warden. The warden shall be appointed by the secretary of corrections, and the secretary may remove the warden at the secretary's discretion.

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, § 2; SL 1989, ch 20, § 71.


     24-1-7.   Repealed by SL 1979, ch 161, § 12


     24-1-8.   Salary of warden. The warden of the penitentiary shall receive a salary to be fixed by the secretary of corrections, 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, § 3; SL 1989, ch 20, § 72.


     24-1-9.   Repealed by SL 1989, ch 20, § 73


     24-1-10.   Repealed by SL 1979, ch 161, § 12


     24-1-11.   Warden as general supervisor of other officers--Standards of personal conduct for officers and employees. All officers and persons employed by the state penitentiary shall perform such duties as may be required of them by the warden, in conformity with law and the rules, policies and procedures of the penitentiary. The Department of Corrections may promulgate rules pursuant to chapter 1-26 establishing standards of personal conduct for penitentiary officers and employees. The standards shall be consistent with those standards of personal conduct required of law enforcement personnel.

Source: SDC 1939, § 13.4709; SL 1983, ch 199, § 4; SL 1989, ch 20, § 74.


     24-1-12.   Service of process within penitentiary--Officers exempt from jury duty. All process to be served within the precincts of the state penitentiary, either upon inmates or upon persons or officers employed within the precincts thereof, except upon the warden, shall be served and returned by the warden, personally or by a designee. All officers and employees of the penitentiary are exempt from serving upon juries in any state court.

Source: SDC 1939, § 13.4702; SL 1980, ch 184; SL 2004, ch 168, § 2.


     24-1-13.   Warden as custodian of all penitentiary property. The warden, under the supervision of the secretary of corrections, shall have charge and custody of the state penitentiary, 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, § 13.4708; SL 1981, ch 193, § 1; SL 1989, ch 20, § 75.


     24-1-14, 24-1-15.   Repealed by SL 1979, ch 161, § 12


     24-1-16.   Penitentiary purchases. The warden may make all purchases for the penitentiary on such conditions and in such manner as in the warden's opinion will best promote the interest of the state.

Source: SDC 1939, § 13.4711; SL 2004, ch 168, § 3.


     24-1-17 to 24-1-24.   Repealed by SL 1979, ch 161, § 12


     24-1-25.   Penitentiary employees prohibited from having interest in penitentiary contracts or business. No person employed by the penitentiary may have any pecuniary interest in any contract or business conducted by the penitentiary.

Source: SDC 1939, § 13.4710; SL 1989, ch 20, § 76.


     24-1-26.   Penitentiary employees prohibited from involvement in procuring clemencies. No person employed by the state penitentiary 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.


     24-1-26.1.   Sexual acts prohibited between prison employees and prisoners. 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 with another person who is in detention and under the custodial, supervisory, or disciplinary authority of the person so engaging, is guilty of a Class 6 felony.

Source: SL 1996, ch 151, § 1.


     24-1-27.   Disposition of body of dead inmate--Notice to next of kin. Upon notification of the death of any inmate who has not been released on parole or suspended sentence, an official of the penitentiary shall contact the county coroner who shall proceed in accordance with the provisions of chapter 23-14. An official of the penitentiary shall also attempt to contact the person designated by the inmate prior to death or the next of kin, if known, and offer the body to be delivered to such person at that person's expense. If attempts to contact such persons fail or if the offer of delivery is declined, the warden, after forty-eight hours, shall make arrangements for the disposition of the body.

Source: SDC 1939, § 13.4725; SL 1989, ch 20, § 78.


     24-1-28 to 24-1-31.   Repealed by SL 1989, ch 20, §§ 79 to 82


     24-1-32.   Repealed by SL 1975, ch 176, § 5


     24-1-33.   Repealed by SL 1989, ch 20, § 83


     24-1-34.   Repealed by SL 1982, ch 188, § 6


     24-1-35.   Contract with local jail for custody and care of prisoners. The Department of Corrections may contract with any local jail in the state for the custody and care of prisoners committed to the state penitentiary at a rate to be negotiated by the secretary of corrections.

Source: SL 1989, ch 192, § 2.


     24-1-36.   Notice to sentencing judge of inmate's change of status. 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 work release. Any notice pursuant to this section shall be made through the statewide automated victim information and notification (SAVIN) system.

Source: SL 2014, ch 116, § 10; SL 2017, ch 107, § 6.


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