CHAPTER 24-1
MANAGEMENT OF STATE CORRECTIONAL FACILITIES
24-1-1 Correctional facilities of the state--Security level designation by secretary of corrections.
24-1-2 24-1-2, 24-1-3. Repealed by SL 1979, ch 161, § 12
24-1-4 Government of correctional facilities by Department of Corrections.
24-1-5 24-1-5. Repealed by SL 1989, ch 20, § 70
24-1-6 Appointment and removal of wardens.
24-1-7 24-1-7. Repealed by SL 1979, ch 161, § 12
24-1-8 Salary of wardens.
24-1-9 24-1-9. Repealed by SL 1989, ch 20, § 73
24-1-10 24-1-10. Repealed by SL 1979, ch 161, § 12
24-1-11 Secretary of corrections as general supervisor of other officers--Standards of personal conduct for officers and employees--Promulgation of rules.
24-1-12 Service of process within correctional facility--Officers exempt from jury duty.
24-1-13 Secretary of corrections as custodian of all correctional facility property.
24-1-14 24-1-14, 24-1-15. Repealed by SL 1979, ch 161, § 12
24-1-16 Correctional facility purchases.
24-1-17 24-1-17 to 24-1-24. Repealed by SL 1979, ch 161, § 12
24-1-25 Department of Corrections employees prohibited from having interest in department contracts or business.
24-1-26 Department of Corrections employees prohibited from involvement in procuring clemencies.
24-1-26.1 Sexual acts prohibited between prison employees and prisoners--Felony.
24-1-27 Disposition of a dead inmate--Notice to next of kin.
24-1-28 24-1-28 to 24-1-31. Repealed by SL 1989, ch 20, §§ 79 to 82
24-1-32 24-1-32. Repealed by SL 1975, ch 176, § 5
24-1-33 24-1-33. Repealed by SL 1989, ch 20, § 83
24-1-34 24-1-34. Repealed by SL 1982, ch 188, § 6
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. Correctional facilities of the state--Security level designation by secretary of corrections.
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 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.
The secretary of corrections shall designate each facility operated by the department with a security level as follows:
(1) A level I facility must have designated boundaries but need not have perimeter fencing. An inmate classified as minimum may be incarcerated in a level I facility, but generally an inmate of a higher classification may not be incarcerated in a level I facility.
(2) A level II facility must have designated boundaries with a single or double perimeter fencing. The perimeter of a level II facility must be patrolled periodically. An inmate classified as minimum restrictive or minimum may be incarcerated in a level II facility, but generally an inmate of a higher classification may not be incarcerated in a level II facility.
(3) A level III facility generally must have a wall or double perimeter fencing with razor wire and detection devices. A level III facility generally must use controlled sally ports. The perimeter of a level III facility must be continuously patrolled. An appropriately designated close classified inmate, an inmate classified as medium, or an inmate of a lower classification level may be incarcerated in a level III facility, but generally an inmate of a higher classification may not be incarcerated in a level III facility.
(4) A level IV facility generally must have a wall or double perimeter fencing with razor wire and detection devices. A level IV facility generally must use controlled sally ports. The perimeter of a level IV facility must be continuously patrolled. An inmate designated close classified or an inmate of a lower classification level may be incarcerated in a level IV facility, but generally an inmate of a higher classification may not be incarcerated in a level IV facility on a long-term basis.
(5) A level V facility is the highest security level and may incarcerate an inmate of any classification level. A level V facility must have double perimeter fencing with razor wire and detection devices, or equivalent security architecture. A level V facility must use controlled sally ports. The perimeter of a level V facility must be continuously patrolled.
Source: SDC 1939, § 13.4701; SL 2004, ch 168, § 1; SL 2023, ch 82, § 50.
24-1-4. Government of correctional facilities by Department of Corrections.
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.
24-1-6. Appointment and removal of wardens.
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; SL 1961, ch 43; SL 1979, ch 161, § 2; SL 1989, ch 20, § 71; SL 2023, ch 82, § 52.
24-1-8. Salary of wardens.
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, § 3; SL 1989, ch 20, § 72; SL 2023, ch 82, § 53.
24-1-11. Secretary of corrections as general supervisor of other officers--Standards of personal conduct for officers and employees--Promulgation of rules.
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 to chapter 1-26 establishing standards of personal conduct for correctional 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; SL 2023, ch 82, § 54.
24-1-12. Service of process within correctional facility--Officers exempt from jury duty.
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 employees of a state correctional facility are exempt from serving upon juries in any state court.
Source: SDC 1939, § 13.4702; SL 1980, ch 184; SL 2004, ch 168, § 2; SL 2023, ch 82, § 55.
24-1-13. Secretary of corrections as custodian of all correctional facility property.
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, § 13.4708; SL 1981, ch 193, § 1; SL 1989, ch 20, § 75; SL 2023, ch 82, § 56.
24-1-16. Correctional facility purchases.
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.
24-1-25. Department of Corrections employees prohibited from having interest in department contracts or business.
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.
24-1-26. Department of Corrections employees prohibited from involvement in procuring clemencies.
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.
24-1-26.1. Sexual acts prohibited between prison employees and prisoners--Felony.
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 the custodial, supervisory, or disciplinary authority of the person so engaging, is guilty of a Class 6 felony.
Source: SL 1996, ch 151, § 1; SL 2022, ch 77, § 1.
24-1-27. Disposition of a dead inmate--Notice to next of k
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 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, a department official, after forty-eight hours, shall make arrangements for the disposition of the body.
Source: SDC 1939, § 13.4725; SL 1989, ch 20, § 78; SL 2023, ch 82, § 60.
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 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.
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.
