CHAPTER 17:10:01
DEFINITIONS
Section
17:10:01:01 Repealed.
17:10:01:02 Repealed.
17:10:01:03 Repealed.
17:10:01:04 Repealed.
17:10:01:05 Repealed.
17:10:01:06 Repealed.
17:10:01:07 Repealed.
17:10:01:08 Repealed.
17:10:01:09 Repealed.
17:10:01:10 Definitions.
17:10:01:01. Prisoner.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:01:01, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:01:02. Patients.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:01:02, July 1, 1977; repealed by SL 1989, ch 21, §§ 3 and 4, effective July 1, 1989.
17:10:01:03. Members.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:01:03, July 1, 1977; repealed by SL 1989, ch 286, § 1, effective July 1, 1989.
17:10:01:04. Student.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:01:04, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:01:05. Camper.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:01:05, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:01:06. Employee.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:01:06, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:01:07. Department.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:01:07, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:01:08. Convict.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:01:08, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:01:09. Inmate.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:01:09, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:01:10. Definitions. Terms used in this title mean:
(1) "Department," the Department of Corrections;
(2) "Employee," any person employed in any capacity whose duties are under the supervision of the Department of Corrections;
(3) "Inmate," any person incarcerated by virtue of a judicial order or other lawful process in any department facility.
Source: 24 SDR 44, effective October 14, 1997.
General Authority:SDCL 1-15-20.
Law Implemented:SDCL 1-15-20.
CHAPTER 17:10:02
GENERAL RULES
Section
17:10:02:01 Repealed.
17:10:02:02 Filing and notice.
17:10:02:03 Repealed.
17:10:02:04 Repealed.
17:10:02:05 Repealed.
17:10:02:06 Repealed.
17:10:02:07 Repealed.
17:10:02:08 Repealed.
17:10:02:09 Repealed.
17:10:02:10 Repealed.
17:10:02:11 Repealed.
17:10:02:12 Repealed.
17:10:02:13 Repealed.
17:10:02:14 Repealed.
17:10:02:15 Repealed.
17:10:02:01. Official office.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:01, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:02:02. Filing and notice. If filing with or giving notice to the department, a copy of the notice of filing must be mailed or delivered in person to the department at its principal place of business. The date of the filing or notice, unless otherwise specifically provided in this title, is the date on which the document is received at the principal place of business of the department.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:02, July 1, 1977; 24 SDR 44, effective October 10, 1997.
General Authority:SDCL 1-15-20.
Law Implemented:SDCL 1-15-20, 1-26-15.
Note: The principal place of business of the Department of Corrections is located at 3200 East Highway 34, Pierre, SD 57501.
17:10:02:03. Board action.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:03, July 1, 1977; repealed by SL 1989, ch 20, § 11, effective July 1, 1989.
17:10:02:04. Employees seeking elective office.Repealed.
Source: SL 1975, ch 16, § 1; transferred from §67:50:02:04, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:02:05. Leaves of absence not permitted for contracting.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:05, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:02:06. Solicitation of employees prohibited.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:06, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:02:07. Prior approval required for out-of-state travel.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:07, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:02:08. Furnishings provided in institution housing units.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:08, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:02:09. Full maintenance defined.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:09, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:02:10. Complaint procedure.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:10, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:02:11. Employment of relatives.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:11, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:02:12. Procedure for employee transfers.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:12, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:02:13. Use of institutional facilities.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:13, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:02:14. Employment of chaplains.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:14, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
17:10:02:15. Handling of escapes or walkaways.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:02:15, July 1, 1977; repealed, 24 SDR 44, effective October 14, 1997.
CHAPTER 17:10:03
DECLARATORY RULINGS
Section
17:10:03:01 Petition for declaratory ruling.
17:10:03:02 Action on petition.
17:10:03:01. Petition for declaratory ruling. Any person wishing the department to issue its ruling as to the applicability to that person of any statutory provision, rule, or order of the department, other than inmate disciplinary matters as defined in SDCL 1-15-20, may file with the department a petition in substantially the following form:
STATE OF SOUTH DAKOTA
DEPARTMENT OF CORRECTIONS
Pursuant to the provisions of SDCL 1-26-15, I, (name of petitioner), of (address of petitioner) am (title or capacity of petitioner), and do hereby petition the Department of Corrections for its declaratory ruling in regard to the following:
1. The state statute, Department of Corrections rule, or order in question is: (here identify and quote the pertinent statute, rule, or order).
2. The facts and circumstances which give rise to the issue to be answered by the department's declaratory ruling are:
3. The precise issue to be answered by the department's declaratory ruling is:
Dated at (city and state), this ____ day of ____________ 19__.
_________________________
Signature of petitioner
Source: SL 1975, ch 16, § 1; transferred from § 67:50:03:01, July 1, 1977; 24 SDR 44, effective October 14, 1997.
General Authority:SDCL 1-26-15.
Law Implemented:SDCL 1-26-15.
17:10:03:02. Action on petition. On receipt of the petition, the department may request from the petitioner additional information required by the department for the issuance of the department's ruling. Within 30 days following the receipt of the petition, or within 30 days following receipt of additional information, the department shall issue a declaratory ruling and serve a copy by mail on the petitioner.
Source: SL 1975, ch 16, § 1; transferred from § 67:50:03:02, July 1, 1977; 24 SDR 44, effective October 14, 1997.
General Authority:SDCL 1-26-15.
Law Implemented:SDCL 1-26-15.
CHAPTER 17:10:04
CONTESTED CASES
(Repealed, 24 SDR 44, effective October 14, 1997)
CHAPTER 17:10:05
COMPLAINTS
(Repealed, 24 SDR 44, effective October 14, 1997)
CHAPTER 17:10:06
JAILS
(Void, effective July 1, 1983)
CHAPTER 17:10:07
REINVESTMENT FUND
Section
17:10:07:01 Trend line projection method.
17:10:07:02 Probation projections.
17:10:07:03 Payments based on prorated share.
17:10:07:01. Trend line projection method. The trend line and probation projections pursuant to SDCL 1-15-36 are based on the average annual percentage change in the end of the fiscal year count of adult felony probationers from fiscal year 2009 to fiscal year 2013, inclusive. The projected probation count for any county with an average annual increase of less than one percent is based on a zero percent growth rate. The projected probation count for any county with an average annual increase within the range of one percent to ten percent is based on the actual average increase. The projected probation count for any county with an average annual increase of ten percent or more is based on an increase of ten percent. The table below provides end of fiscal year adult felony probation counts for fiscal years 2009 to 2013, inclusive, the average annual percent change, and the factor used to make probation projections:
|
County
|
FY09
|
FY10
|
FY11
|
FY12
|
FY13
|
5-Year Average Annual Percent Change |
Projection Factor
|
|
Aurora |
6 |
6 |
5 |
3 |
4 |
-5.83% |
0.00% |
|
Beadle |
73 |
67 |
94 |
109 |
97 |
9.26% |
9.26% |
|
Bennett |
6 |
7 |
9 |
9 |
19 |
39.09% |
10.00% |
|
Bon Homme |
0 |
3 |
5 |
9 |
10 |
39.44% |
10.00% |
|
Brookings |
100 |
101 |
114 |
139 |
144 |
9.85% |
9.85% |
|
Brown |
253 |
228 |
235 |
284 |
302 |
5.09% |
5.09% |
|
Brule |
24 |
25 |
26 |
26 |
33 |
8.77% |
8.77% |
|
Buffalo |
0 |
0 |
0 |
0 |
1 |
0.00% |
0.00% |
|
Butte |
37 |
43 |
50 |
59 |
76 |
19.83% |
10.00% |
|
Campbell |
0 |
0 |
0 |
2 |
3 |
12.50% |
10.00% |
|
Charles Mix |
48 |
41 |
44 |
54 |
74 |
13.12% |
10.00% |
|
Clark |
4 |
3 |
4 |
5 |
12 |
43.33% |
10.00% |
|
Clay |
46 |
48 |
57 |
71 |
90 |
18.60% |
10.00% |
|
Codington |
107 |
110 |
136 |
169 |
177 |
13.86% |
10.00% |
|
Corson |
1 |
1 |
1 |
2 |
4 |
50.00% |
10.00% |
|
Custer |
30 |
28 |
29 |
32 |
33 |
2.59% |
2.59% |
|
Davison |
120 |
138 |
152 |
169 |
168 |
8.93% |
8.93% |
|
Day |
0 |
0 |
3 |
7 |
15 |
61.90% |
10.00% |
|
Deuel |
5 |
8 |
9 |
10 |
8 |
15.90% |
10.00% |
|
Dewey |
4 |
4 |
5 |
7 |
8 |
19.82% |
10.00% |
|
Douglas |
1 |
2 |
3 |
5 |
5 |
54.17% |
10.00% |
|
Edmunds |
2 |
2 |
3 |
4 |
11 |
64.58% |
10.00% |
|
Fall River |
49 |
42 |
49 |
56 |
57 |
4.61% |
4.61% |
|
Faulk |
2 |
2 |
4 |
4 |
3 |
18.75% |
10.00% |
|
Grant |
0 |
0 |
1 |
5 |
10 |
125.00% |
10.00% |
|
Gregory |
3 |
4 |
6 |
7 |
8 |
28.57% |
10.00% |
|
Haakon |
6 |
6 |
4 |
6 |
7 |
8.33% |
8.33% |
|
Hamlin |
7 |
7 |
3 |
3 |
3 |
-14.29% |
0.00% |
|
Hand |
0 |
0 |
0 |
0 |
2 |
0.00% |
0.00% |
|
Hanson |
0 |
0 |
0 |
0 |
0 |
0.00% |
0.00% |
|
Harding |
2 |
0 |
1 |
2 |
3 |
12.50% |
10.00% |
|
Hughes |
77 |
81 |
94 |
118 |
134 |
15.08% |
10.00% |
|
Hutchinson |
11 |
14 |
11 |
12 |
15 |
9.98% |
9.98% |
|
Hyde |
0 |
0 |
1 |
2 |
1 |
12.50% |
10.00% |
|
Jackson |
13 |
12 |
14 |
15 |
15 |
4.03% |
4.03% |
|
Jerauld |
0 |
0 |
0 |
2 |
7 |
62.50% |
10.00% |
|
Jones |
8 |
7 |
7 |
4 |
5 |
-7.59% |
0.00% |
|
Kingsbury |
0 |
0 |
1 |
2 |
8 |
75.00% |
10.00% |
|
Lake |
60 |
57 |
52 |
40 |
40 |
-9.21% |
0.00% |
|
Lawrence |
114 |
126 |
120 |
124 |
143 |
6.11% |
6.11% |
|
Lincoln |
60 |
55 |
39 |
23 |
74 |
35.82% |
10.00% |
|
Lyman |
19 |
18 |
14 |
16 |
19 |
1.39% |
1.39% |
|
Marshall |
0 |
0 |
0 |
1 |
6 |
125.00% |
10.00% |
|
McCook |
5 |
6 |
8 |
9 |
11 |
22.01% |
10.00% |
|
McPherson |
0 |
0 |
0 |
0 |
1 |
0.00% |
0.00% |
|
Meade |
133 |
116 |
139 |
167 |
189 |
10.09% |
10.00% |
|
Mellette |
10 |
10 |
10 |
13 |
9 |
-0.19% |
0.00% |
|
Miner |
0 |
0 |
0 |
1 |
1 |
0.00% |
0.00% |
|
Minnehaha |
710 |
797 |
947 |
1105 |
1284 |
15.99% |
10.00% |
|
Moody |
0 |
0 |
0 |
1 |
16 |
375.00% |
10.00% |
|
Pennington |
651 |
632 |
660 |
812 |
1006 |
12.11% |
10.00% |
|
Perkins |
8 |
12 |
15 |
19 |
23 |
30.68% |
10.00% |
|
Potter |
1 |
1 |
2 |
4 |
4 |
25.00% |
10.00% |
|
Roberts |
57 |
70 |
78 |
101 |
106 |
17.17% |
10.00% |
|
Sanborn |
0 |
0 |
0 |
0 |
2 |
0.00% |
0.00% |
|
Oglala Lakota |
2 |
2 |
2 |
2 |
2 |
0.00% |
0.00% |
|
Spink |
2 |
4 |
10 |
19 |
20 |
86.32% |
10.00% |
|
Stanley |
10 |
12 |
11 |
10 |
15 |
13.14% |
10.00% |
|
Sully |
6 |
4 |
3 |
7 |
6 |
15.18% |
10.00% |
|
Todd |
3 |
3 |
4 |
7 |
10 |
37.80% |
10.00% |
|
Tripp |
31 |
33 |
32 |
31 |
26 |
-3.96% |
0.00% |
|
Turner |
21 |
21 |
22 |
20 |
24 |
3.92% |
3.92% |
|
Union |
79 |
76 |
73 |
96 |
107 |
8.81% |
8.81% |
|
Walworth |
61 |
66 |
62 |
73 |
59 |
0.17% |
0.00% |
|
Yankton |
151 |
163 |
197 |
209 |
233 |
11.60% |
10.00% |
|
Ziebach |
2 |
2 |
2 |
2 |
3 |
12.50% |
10.00% |
Source: 41 SDR 53, October 6, 2014; SL 2015, ch 56, § 1, effective May 1, 2015.
General Authority: SDCL 1-15-36.
Law Implemented: SDCL 1-15-36.
17:10:07:02. Probation projections. The projected end of fiscal year probation count for each county for fiscal year 2014 is calculated by increasing the fiscal year 2013 actual probation count by the factor as indicated in § 17:10:07:01. The projected end of fiscal year probation counts for each county for fiscal years 2015 to 2017, inclusive, are calculated by increasing the projected count from the previous fiscal year rounded to the nearest whole number by the projection factor. The table below contains projected end of fiscal year adult felony probation count used to determine payments under SDCL 1-15-36:
|
County |
FY13 Actual Probation Counts |
Projection Factor |
FY14 Projected |
FY15 Projected |
FY16 Projected |
FY17 Projected |
|
Aurora |
4 |
0.00% |
4 |
4 |
4 |
4 |
|
Beadle |
97 |
9.26% |
106 |
116 |
127 |
138 |
|
Bennett |
19 |
10.00% |
21 |
23 |
25 |
28 |
|
Bon Homme |
10 |
10.00% |
11 |
12 |
13 |
15 |
|
Brookings |
144 |
9.85% |
158 |
174 |
191 |
210 |
|
Brown |
302 |
5.09% |
317 |
334 |
351 |
368 |
|
Brule |
33 |
8.77% |
36 |
39 |
42 |
46 |
|
Buffalo |
1 |
0.00% |
1 |
1 |
1 |
1 |
|
Butte |
76 |
10.00% |
84 |
92 |
101 |
111 |
|
Campbell |
3 |
10.00% |
3 |
4 |
4 |
4 |
|
Charles Mix |
74 |
10.00% |
81 |
90 |
98 |
108 |
|
Clark |
12 |
10.00% |
13 |
15 |
16 |
18 |
|
Clay |
90 |
10.00% |
99 |
109 |
120 |
132 |
|
Codington |
177 |
10.00% |
195 |
214 |
236 |
259 |
|
Corson |
4 |
10.00% |
4 |
5 |
5 |
6 |
|
Custer |
33 |
2.59% |
34 |
35 |
36 |
37 |
|
Davison |
168 |
8.93% |
183 |
199 |
217 |
237 |
|
Day |
15 |
10.00% |
17 |
18 |
20 |
22 |
|
Deuel |
8 |
10.00% |
9 |
10 |
11 |
12 |
|
Dewey |
8 |
10.00% |
9 |
10 |
11 |
12 |
|
Douglas |
5 |
10.00% |
6 |
6 |
7 |
7 |
|
Edmunds |
11 |
10.00% |
12 |
13 |
15 |
16 |
|
Fall River |
57 |
4.61% |
60 |
62 |
65 |
68 |
|
Faulk |
3 |
10.00% |
3 |
4 |
4 |
4 |
|
Grant |
10 |
10.00% |
11 |
12 |
13 |
15 |
|
Gregory |
8 |
10.00% |
9 |
10 |
11 |
12 |
|
Haakon |
7 |
8.33% |
8 |
8 |
9 |
10 |
|
Hamlin |
3 |
0.00% |
3 |
3 |
3 |
3 |
|
Hand |
2 |
0.00% |
2 |
2 |
2 |
2 |
|
Hanson |
0 |
0.00% |
0 |
0 |
0 |
0 |
|
Harding |
3 |
10.00% |
3 |
4 |
4 |
4 |
|
Hughes |
134 |
10.00% |
147 |
162 |
178 |
196 |
|
Hutchinson |
15 |
9.98% |
16 |
18 |
20 |
22 |
|
Hyde |
1 |
10.00% |
1 |
1 |
1 |
1 |
|
Jackson |
15 |
4.03% |
16 |
16 |
17 |
18 |
|
Jerauld |
7 |
10.00% |
8 |
8 |
9 |
10 |
|
Jones |
5 |
0.00% |
5 |
5 |
5 |
5 |
|
Kingsbury |
8 |
10.00% |
9 |
10 |
11 |
12 |
|
Lake |
40 |
0.00% |
40 |
40 |
40 |
40 |
|
Lawrence |
143 |
6.11% |
152 |
161 |
171 |
181 |
|
Lincoln |
74 |
10.00% |
81 |
90 |
98 |
108 |
|
Lyman |
19 |
1.39% |
19 |
20 |
20 |
20 |
|
Marshall |
6 |
10.00% |
7 |
7 |
8 |
9 |
|
McCook |
11 |
10.00% |
12 |
13 |
15 |
16 |
|
McPherson |
1 |
0.00% |
1 |
1 |
1 |
1 |
|
Meade |
189 |
10.00% |
208 |
229 |
252 |
277 |
|
Mellette |
9 |
0.00% |
9 |
9 |
9 |
9 |
|
Miner |
1 |
0.00% |
1 |
1 |
1 |
1 |
|
Minnehaha |
1284 |
10.00% |
1412 |
1554 |
1709 |
1880 |
|
Moody |
16 |
10.00% |
18 |
19 |
21 |
23 |
|
Pennington |
1006 |
10.00% |
1107 |
1217 |
1339 |
1473 |
|
Perkins |
23 |
10.00% |
25 |
28 |
31 |
34 |
|
Potter |
4 |
10.00% |
4 |
5 |
5 |
6 |
|
Roberts |
106 |
10.00% |
117 |
128 |
141 |
155 |
|
Sanborn |
2 |
0.00% |
2 |
2 |
2 |
2 |
|
Oglala Lakota |
2 |
0.00% |
2 |
2 |
2 |
2 |
|
Spink |
20 |
10.00% |
22 |
24 |
27 |
29 |
|
Stanley |
15 |
10.00% |
17 |
18 |
20 |
22 |
|
Sully |
6 |
10.00% |
7 |
7 |
8 |
9 |
|
Todd |
10 |
10.00% |
11 |
12 |
13 |
15 |
|
Tripp |
26 |
0.00% |
26 |
26 |
26 |
26 |
|
Turner |
24 |
3.92% |
25 |
26 |
27 |
28 |
|
Union |
107 |
8.81% |
116 |
127 |
138 |
150 |
|
Walworth |
59 |
0.00% |
59 |
59 |
59 |
59 |
|
Yankton |
233 |
10.00% |
256 |
282 |
310 |
341 |
|
Ziebach |
3 |
10.00% |
3 |
4 |
4 |
4 |
Source: 41 SDR 53, effective October 6, 2014; SL 2015, ch 56, § 1, effective May 1, 2015.
General Authority: SDCL 1-15-36.
Law Implemented: SDCL 1-15-36
17:10:07:03. Payments based on prorated share. If the total compensation amount in a fiscal year exceeds the total available appropriation, compensation shall be made on a prorated share to fully expend available funds.
Source: 41 SDR 53, effective October 6, 2014.
General Authority: SDCL 1-15-36.
Law Implemented: SDCL 1-15-36.
