CHAPTER 24-11
JAILS
24-11-1 Jail defined--Classification of jails.
24-11-2 Establishment of county jail at expense of county.
24-11-3 Counties without jails or juvenile detention facilities--Overcrowded or unsafe jails and facilities--Confinement in adjoining political subdivision--Expenses.
24-11-4 Agreements between political subdivisions for use of jails--Termination of agreement.
24-11-4.1 Creation of area jail or juvenile detention facility compact--Liquidated damages for withdrawal without consent--Acquisition of facilities--Funding--Operation--Lease with compact.
24-11-4.2 Annual prisoner rate for members--Additional compensation to sheriff--Daily prisoner rate for nonmembers.
24-11-4.3 Money collected for housing prisoners--Distribution to member operating facility and compact debts--Excess funds.
24-11-5 Confinement of fugitive from justice--Compensation.
24-11-6 Confinement of federal prisoners--Compensation--Penalty for violation.
24-11-7 Sheriff's calendar of federal prisoners in custody--Transmission to federal district judge--Allowance and payment for keeping prisoners.
24-11-8 Charges for prisoners confined by authority other than county in which jail located--Amount fixed by county--Special jail building fund.
24-11-9 24-11-9. Repealed by SL 1985, ch 15.
24-11-10 Required fireproofing for designated jail.
24-11-11 Heat and furnishings for jail--Expense.
24-11-12 Appointment of jail physician--Physician's reports.
24-11-13 Officer in charge of jail--Conformance to policies and procedures.
24-11-14 Removal of prisoners in case of fire--Alternate place of confinement not deemed escape.
24-11-15 24-11-15. Repealed by SL 1979, ch 161, § 12.
24-11-16 Jail records to be maintained.
24-11-17 Duty of sheriff to keep commitment orders and like documents--Copies of returns--Return as prima facie evidence of right to confine prisoner.
24-11-18 24-11-18. Repealed by SL 1981, ch 195, § 5.
24-11-19 Separation of sexes.
24-11-20 Failure to separate sexes as misdemeanor.
24-11-21 Furnishing prisoner necessaries--Receipt of medical treatment as assignment of insurance proceeds, etc.--Unrecovered payments as lien.
24-11-21.1 Medical provider to submit claim for services to insurer before submitting claim to county.
24-11-22 24-11-22. Repealed by SL 1979, ch 150, § 37; SL 1979, ch 161, § 12.
24-11-23 Policies and procedures--Adoption--Contents.
24-11-24 Posting and distribution of policies and procedures.
24-11-25 24-11-25. Repealed by SL 1983, ch 198, § 7.
24-11-26 24-11-26. Repealed by SL 2015, ch 58, § 4.
24-11-27 Power of circuit judge to visit jail and make order--Violation of order as contempt.
24-11-28 Work required of certain prisoners--Determination by sentencing court whether prisoner should work--Particular work permissible.
24-11-29 Inmates requesting work.
24-11-30 Sentence for violation of state law--Work performed under direction of county board and for county.
24-11-31 Sentence for violation of local law--Labor performed under local governing body for its benefit.
24-11-32 Prisoner's compensation for work--Payment to dependents--Allowance by board of county commissioners.
24-11-32.1 Charge against work release pay for maintenance cost--Waiver by commissioners.
24-11-33 Crediting work against fine imposed.
24-11-34 24-11-34. Repealed by SL 2014, ch 118, § 1.
24-11-35 Prevention of escape while working.
24-11-36 Protection of working prisoners from public annoyance.
24-11-37 Communication with working prisoner as petty offense.
24-11-38 Malfeasance by jail officials--Misdemeanor.
24-11-39 Municipality, county, or jail compact authorized to construct, lease, operate, purchase, maintain, or manage correctional facilities--Contract with private entity.
24-11-40 Contract for placement of inmates or prisoners--Certain private entities excepted.
24-11-41 Requests for proposals by public notice--Written approval of law enforcement official for contracts.
24-11-42 Requirements of contract for correctional facility.
24-11-43 Liability of private entity contracting for correctional facility.
24-11-44 Sections 24-11-39 to 24-11-43 liberally construed.
24-11-45 Prisoner liable for costs of confinement--Deferred payment plan or waiver.
24-11-45.1 County lien for costs of confinement.
24-11-46 Prisoner liable for fines, restitution, and obligation.
24-11-47 Possession of alcoholic beverages, controlled substances, marijuana, or weapons as felony.
24-11-47.1 Possession of electronic communications devices, tobacco products, or other unauthorized items as misdemeanor.
24-11-48 Delivery of prohibited items to inmate as misdemeanor or felony.
24-11-49 Involuntary treatment of prisoners with psychotropic medication.
24-11-50 Hearing prior to treatment--Panel--Rights of prisoner--Order--Appeal.
24-11-51 Periodic review of involuntary treatment.
24-11-52 Emergency involuntary treatment.
24-11-53 Records of involuntary treatment.
24-11-54 Immunity from liability for involuntary treatment.
24-11-55 Repealed.
24-11-56 Repealed.
24-11-57 Repealed.
24-11-58 Repealed.
24-11-59 Repealed.
24-11-59.1 Repealed.
24-11-60 Training on symptoms of mental health problems and defusing mental health crises.
24-11-1. Jail defined--Classification of jails.
The term, jail, as used in this chapter includes any building or place provided or used by any county, municipality, or civil township for the detention of adult persons convicted or accused of the violation of any law of this state, any ordinance or bylaw of any municipality or civil township, or any rule or regulation of any board, commission, or public officer having the effect of law; or for the detention of adult persons held as witnesses or committed for contempts, except juvenile detention facilities located outside jails and lockups and approved collocated detention facilities operated by counties. The governing body or commission responsible for the operation of a jail shall classify its jails based upon the types of persons detained therein and the maximum length of detention of persons in such jails.
Source: SDC 1939, § 13.4601; SL 1981, ch 195, § 1; SL 1983, ch 198, § 1; SL 1992, ch 60, § 2; SL 2003, ch 149, § 9.
24-11-2. Establishment of county jail at expense of county.
There shall be established and maintained in every county, by authority of the board of county commissioners and at the expense of the county, a jail for the purposes stated in this chapter, except as provided in § 24-11-3.
Source: SDC 1939, § 13.4602; SL 1963, ch 57.
24-11-3. Counties without jails or juvenile detention facilities--Overcrowded or unsafe jails and facilities--Confinement in adjoining political subdivision--Expenses.
If there is no jail or juvenile detention facility in the county, or if the jail or juvenile detention facility in the county is crowded, unsafe, or otherwise insufficient to conform to the requirements of this chapter, every judicial or executive officer of the county who has the power to order, sentence, or deliver any person to the county jail or juvenile detention facility may order, sentence, or deliver such person to the jail or juvenile detention facility of any near or adjoining state, Indian reservation, county, organized township, or municipality, pursuant to a written agreement to house such prisoner. The written agreement shall contain provisions addressing liability issues and facility standards and shall also contain appropriate provisions assuring that the agency housing the prisoner shall release the prisoner to the county from which the prisoner was committed within two days of receiving a request from the committing county. Any written agreement with a federally recognized Indian tribe shall receive approval from the Bureau of Indian Affairs prior to the delivery of any prisoner. The county from which the prisoner was committed shall pay to the agency housing the prisoner all expenses of keeping and maintaining the prisoner in the jail or juvenile detention facility, including the cost of building depreciation, administration, and a reasonable charge for obsolescence of the facility and all other tangible and intangible costs.
Source: SDC 1939, § 13.4602; SL 1963, ch 57; SL 1986, ch 202, § 3; SL 1993, ch 188, § 2; SL 2001, ch 124, § 1; SL 2003, ch 139, § 1.
24-11-4. Agreements between political subdivisions for use of jails--Termination of agreement.
Any organized township, municipality, or county of the state is hereby authorized, upon passage of an affirmative resolution by each of the governing bodies of two or more such subdivisions of the state, to enter into a mutually acceptable contract, or to amend or terminate such contract, by which a jail may be used, owned, constructed, maintained, or operated, or any of the foregoing relationships may be established, by such two or more subdivisions.
Source: SDC 1939, § 13.4602 as added by SL 1963, ch 57.
24-11-4.1. Creation of area jail or juvenile detention facility compact--Liquidated damages for withdrawal without consent--Acquisition of facilities--Funding--Operation--Lease with compact.
Any combination of counties or municipalities of this state may enter into an agreement pursuant to chapter 1-24 for the creation of an area jail or juvenile detention facility compact which may be a separate legal entity. In addition to the provisions of chapter 1-24, an agreement pursuant to this section may be for any period of time and may provide for liquidated damages to be imposed upon any party withdrawing without the consent of all other parties to the agreement. The liquidated damages may not exceed the minimum contribution agreed to by the withdrawing party to termination of the agreement reduced to present value. The compact may own, purchase, construct or otherwise acquire ownership of jail or juvenile detention facilities located within any of the parties. The compact may issue revenue bonds, enter into lease, lease-purchase and sale, and lease-back agreements, either as lessee or lessor, in the manner provided in §§ 7-25-19 and 7-25-20, or take any other steps necessary to assist in funding jail or juvenile detention facilities. Operation of the jail or juvenile detention facility shall remain under the authority of the county where the facility is located or by agreement with a municipality. Any county or municipality may enter into lease or lease-purchase agreements with an area jail or juvenile detention facility compact pursuant to §§ 7-25-19 and 7-25-20.
Source: SL 1986, ch 202, § 1; SL 1987, ch 185, § 1; SL 1993, ch 188, § 1.
24-11-4.2. Annual prisoner rate for members--Additional compensation to sheriff--Daily prisoner rate for nonmembers.
The compact agreement shall provide for annual minimum fees for providing facilities for specified numbers of prisoners by each member. The compact agreement may further provide for additional compensation payable to the sheriff of the county in which the facility is located, provided that the sheriff is the person in charge of the facility, equal to ten percent of the authorized salary in § 7-12-15. This amount shall be paid to the sheriff in addition to the amount set forth in § 7-12-15. In addition, the agreement shall provide a daily prisoner rate for nonmembers which may not exceed five times the daily rate charged to members.
Source: SL 1986, ch 202, § 2.
24-11-4.3. Money collected for housing prisoners--Distribution to member operating facility and compact debts--Excess funds.
Notwithstanding § 24-11-8, in the case of jail facilities located in a county participating in a compact pursuant to §§ 24-11-4.1 to 24-11-4.3, inclusive, money collected for housing prisoners shall be paid to the officer designated by the agreement who shall distribute the money so received to the member operating the facility under the terms of the agreement and shall apply remaining funds to retirement of the compact's financial obligations. Excess funds, if any, shall be held by the compact and may be used by the compact to make capital improvements to existing facilities or for the creation of new facilities.
Source: SL 1986, ch 202, § 5.
24-11-5. Confinement of fugitive from justice--Compensation.
Any county jail may be used for the safekeeping of any fugitive from justice in this state, in accordance with the provisions of any act of Congress, and the jailer shall in such case be entitled to reasonable compensation for the support and custody of such fugitive from the officer having him in custody.
Source: SDC 1939, § 13.4611.
24-11-6. Confinement of federal prisoners--Compensation--Penalty for violation.
All sheriffs or officers having charge of any jail to whom any person shall be sent or committed by virtue of legal process issued by or under the authority of the United States, shall receive such person into custody and safely keep him until he is discharged by due course of the laws of the United States.
The United States shall be liable to pay for the support and keeping of such prisoners at such rates as may be negotiated between the United States and the local jail authority.
Any sheriff or other officer violating the provisions of this section shall be subject to the same penalties and shall be liable in like manner as if such person has been committed to their custody by legal process issued under the authority of this state.
Source: SDC 1939, §§ 13.4610, 13.4622; SL 1981, ch 195, § 2.
24-11-7. Sheriff's calendar of federal prisoners in custody--Transmission to federal district judge--Allowance and payment for keeping prisoners.
Before every stated term of the United States court to be held within this state, the sheriffs or officers having charge of jails shall make, under oath, a calendar of prisoners in their custody under the authority of the United States, with the date of their commitment, by whom committed, and for what offense, and transmit the same to the judge of the district court of the United States for the proper district, and at the end of every six months they shall transmit to the United States marshal of the proper district, for allowance and payment, their account, if any, against the United States, for the support and keeping of such prisoners.
Source: SDC 1939, § 13.4610.
24-11-8. Charges for prisoners confined by authority other than county in which jail located--Amount fixed by county--Special jail building fund.
If any person is confined in any county jail by authority of the United States or of any state or territory other than this state or any county other than the county in which the county jail is located, the sheriff or other person in charge of the jail, may charge and collect a sum fixed by the county in addition to the charges allowed by law for any person confined by authority of the county, a sum necessary to fully compensate and reimburse the county for money actually and necessarily expended for utilities and other expenses in the keeping of the person, including the expense of building depreciation, administration, and a reasonable charge for obsolescence of the facility and all other tangible and intangible costs, to the county. The amount of the expense shall be fixed by the board of county commissioners and collected by the sheriff or other person in charge of the county jail in the manner and at the time other charges provided by law are collected. Upon collection of the money, the money collected for building depreciation, and tangible and intangible costs may be deposited into a special jail building fund. Moneys in the special jail building fund may only be used to make capital improvements to the existing jail or for the building of a new jail.
Source: SDC 1939, § 12.1006; SL 1986, ch 202, § 4; SL 2012, ch 135, § 1.
24-11-10. Required fireproofing for designated jail.
All buildings designed for the purposes mentioned in § 24-11-1 and erected after July 1, 1911, shall be constructed with fireproof floors, and interior wall surfaces.
Source: SDC 1939, § 13.4601.
24-11-11. Heat and furnishings for jail--Expense.
The board of county commissioners or the governing body of any municipality shall provide suitable means for warming each jail and its cells and apartments, provide beds and bedding, and such permanent fixtures and repairs as may be required by the policies and procedures provided for in § 24-11-23 or directed by the judge of the circuit court at the expense of the municipality, as the case may be.
Source: SDC 1939, § 13.4608; SL 1983, ch 198, § 2; SL 1992, ch 60, § 2.
24-11-12. Appointment of jail physician--Physician's reports.
The board of county commissioners or governing body of the municipality may appoint a physician for the jail or jails within its jurisdiction and provide for the payment of his services, which physician shall make a report in writing to such board or governing body or to the judge of the circuit court whenever requested so to do.
Source: SDC 1939, § 13.4608; SL 1992, ch 60, § 2.
24-11-13. Officer in charge of jail--Conformance to policies and procedures.
The sheriff or other officer designated by law or ordinance shall have charge of the jail of his county or municipality and of all persons by law confined therein.
The officer in charge of any jail shall conform in all respects to the policies and procedures required by § 24-11-23.
Source: SDC 1939, § 13.4605; SL 1981, ch 195, § 3; SL 1983, ch 198, § 3.
24-11-14. Removal of prisoners in case of fire--Alternate place of confinement not deemed escape.
If any jail or building adjacent thereto shall be on fire and the prisoners shall be exposed to danger by such fire, the keeper may remove such prisoners to a place of safety and there confine them so long as may be necessary to avoid such danger, and such removal and confinement shall not be deemed an escape of such prisoners.
Source: SDC 1939, § 13.4613.
24-11-16. Jail records to be maintained.
The sheriff or other officer having charge of any jail shall keep jail records. These records shall be carefully kept and preserved and delivered to such officer's successor in office. The officer shall exhibit these records to any judge of the circuit court, if requested to do so, and to the Department of Corrections for the purposes on monitoring compliance with the requirements of the Juvenile Justice and Delinquency Prevention Act pursuant to § 1-15-28.
Source: SDC 1939, § 13.4606; SL 1981, ch 195, § 4; SL 1983, ch 198, § 4; SL 2003, ch 149, § 10.
24-11-17. Duty of sheriff to keep commitment orders and like documents--Copies of returns--Return as prima facie evidence of right to confine prisoner.
All instruments of every kind, or attested copies thereof, by which a prisoner is committed or liberated, shall be regularly endorsed, filed, and safely kept by the sheriff or officer acting as jailer, and shall be delivered to his successor in office.
When a prisoner is confined by virtue of any process directed to the sheriff or other officer, and which shall require to be returned to the court whence it issued, such sheriff or officer shall keep a copy of the same, together with his return made thereon, which copy, duly certified by such sheriff or other officer, shall be prima facie evidence of his right to retain such prisoner in custody.
Source: SDC 1939, § 13.4607.
24-11-19. Separation of sexes.
All jails shall confine persons of different sexes apart from each other.
Source: SDC 1939, § 13.4601; SL 1981, ch 195, § 6.
24-11-20. Failure to separate sexes as misdemeanor.
It is a Class 2 misdemeanor for any officer having charge of any jail to keep together in the same cell block male and female prisoners, except husband and wife.
Source: SDC 1939, §§ 13.4609, 13.4621; SL 1979, ch 150, § 36; SL 1981, ch 195, § 7.
24-11-21. Furnishing prisoner necessaries--Receipt of medical treatment as assignment of insurance proceeds, etc.--Unrecovered payments as lien.
The governing body or board of county commissioners is responsible for securing bedclothing, laundry, board, nursing when required, and all necessaries for the comfort and welfare of the prisoners.
If a prisoner or any person under arrest receives medical treatment pursuant to this section for which the governing board or board of county commissioners is liable, the receipt of such medical treatment shall, as to the person receiving such treatment, operate as an assignment by operation of law of any rights to medical support, insurance proceeds, or both, that the prisoner or person under arrest may have for himself. Any rights or amounts so assigned shall be applied against the cost of medical care paid under this section. Any payments made under this section for medical care not recovered shall constitute a lien pursuant to § 28-14-1.
Source: SDC 1939, § 13.4608; SL 1985, ch 204, § 1; SL 1988, ch 199.
24-11-21.1. Medical provider to submit claim for services to insurer before submitting claim to county.
If an inmate of a county jail requires medical, dental, optometric, chiropractic, or psychiatric care, the medical provider shall submit the claim for costs of the services to any available insurer, prior to submitting the claim to the county. If the claim is denied, or no insurer is available, the medical provider may submit the claim to the county for payment with any applicable proof of denial. If the county pays the claim, it is entitled to seek payment pursuant to § 24-11-21.
Source: SL 2015, ch 143, § 1.
24-11-23. Policies and procedures--Adoption--Contents.
The governing body or commission responsible for the operation of a jail shall adopt written policies and procedures for the regulation of the jail on the following subjects:
(1) The cleanliness of the prisoners;
(2) The classification of prisoners by sex, age, crime, and mental illness;
(3) Beds and clothing;
(4) Warming, lighting, and ventilation of the jail;
(5) The employment of medical and surgical aid when necessary;
(6) Employment, temperance, and instruction of the prisoners;
(7) The communication between prisoners and their counsel and other persons; however, no mail censorship is to be allowed of inmates' correspondence to and from their counsel, or their designated agents;
(8) The punishment of prisoners for violation of the policies and procedures of the jail;
(9) The twenty-four hour supervision of the jail when it houses any inmate population which policies and procedures may provide for supervision by means other than the continuous personal presence of jail personnel;
(10) The training of the jailors;
(11) Such other policies and procedures to ensure the fair and humane treatment of and to promote the welfare of the prisoners; provided, that such policies and procedures shall not be contrary to the laws of this state.
Source: SDC 1939, § 13.4603; SL 1979, ch 161, § 10; SL 1980, ch 185, § 1; SL 1983, ch 198, § 5.
24-11-24. Posting and distribution of policies and procedures.
The sheriff or officer in charge of each jail shall, on the receipt of such policies and procedures, cause them to be posted and kept posted in some conspicuous place accessible to all prisoners in the jail or provide a copy to each prisoner upon admission.
Source: SDC 1939, § 13.4603; SL 1981, ch 195, § 8; SL 1983, ch 198, § 6.
24-11-27. Power of circuit judge to visit jail and make order--Violation of order as contempt.
The judge of the circuit court may visit, inspect, and supervise all the jails in his circuit and all county and municipal officers shall comply with the orders of such court relating to jails or inmates therein, in accordance with law and the policies and procedures provided for in § 24-11-23, and the violation of any such order may be punished as a contempt of court.
Source: SDC 1939, § 13.4604; SL 1957, ch 33; SL 1983, ch 198, § 8.
24-11-28. Work required of certain prisoners--Determination by sentencing court whether prisoner should work--Particular work permissible.
Every able-bodied prisoner over eighteen and not more than fifty years of age confined in any jail under the judgment of any court authorized to imprison upon conviction for the violation of any law of this state, an ordinance or bylaw of any municipality, or civil township, or any rule or regulation of any board, commission, or public officer having the effect of law, may be required to labor during the whole or some part of each day of his sentence, but not more than eight hours in any one day. Such court, when passing judgment of imprisonment, shall determine and specify whether such confinement shall be at hard labor or not. Such labor may be in the jail or jailyard, upon public roads or streets, public buildings, public grounds, or elsewhere in the county.
Source: SDC 1939, § 13.4615; SL 1979, ch 149, § 12; SL 1987, ch 29, § 81; SL 1992, ch 60, § 2.
24-11-29. Inmates requesting work.
All persons confined in any jail may be allowed upon request to perform the labor described by § 24-11-28.
Source: SDC 1939, § 13.4615.
24-11-30. Sentence for violation of state law--Work performed under direction of county board and for county.
Whenever a sentence is for violation of a state law, and the prisoner is confined in a county jail, the labor described by §§ 24-11-28 and 24-11-29 shall be performed under the direction of the board of county commissioners and superintended by the sheriff, who shall furnish necessary materials and tools at the expense of the county, and the county shall be entitled to the benefit thereof subject to the provisions of this chapter.
Source: SDC 1939, § 13.4616.
24-11-31. Sentence for violation of local law--Labor performed under local governing body for its benefit.
When sentence is for a violation of an ordinance, bylaw, or regulation of a municipality or civil township, the labor described by §§ 24-11-28 and 24-11-29 shall be performed under the direction of its governing body, who shall furnish the materials at the expense of the municipality, or civil township entitled to the benefit thereof, subject to the provisions of this chapter.
Source: SDC 1939, § 13.4616; SL 1992, ch 60, § 2.
24-11-32. Prisoner's compensation for work--Payment to dependents--Allowance by board of county commissioners.
Each prisoner performing labor may be paid a reasonable compensation by the county, municipality, or civil township benefited thereby. The provisions of § 60-11-3 do not apply to prisoners. Such compensation or such portion thereof as the court or tribunal shall direct may be paid to the spouse, family, or dependents of such prisoner, or such other person as the court or tribunal may direct, and shall be in such amount as such court or tribunal shall determine upon application of the person or officer under whose superintendency the work shall be performed, and shall be allowed by the board of county commissioners or governing body of the municipality, or civil township, upon the order of such court or tribunal.
Source: SDC 1939, § 13.4617; SL 1979, ch 149, § 13; SL 1992, ch 60, § 2.
24-11-32.1. Charge against work release pay for maintenance cost--Waiver by commissioners.
The board of county commissioners may require by resolution that a sum not to exceed the average daily prisoner cost may be charged to work release inmates of county jails as restitution to be applied toward prisoner maintenance cost, including but not limited to, room and board. In instances of undue hardship, the commissioners may reduce or waive the charges.
Source: SL 1978, ch 184; SL 1981, ch 195, § 9.
24-11-33. Crediting work against fine imposed.
In addition to the compensation provided by § 24-11-32, for each day's labor the prisoner shall be credited two dollars on any judgment for fine, and when imprisoned in default of payment of a fine, he shall be discharged whenever he has performed sufficient labor at such rate to pay the same.
Source: SDC 1939, § 13.4617.
24-11-35. Prevention of escape while working.
The officer in charge of prisoners sentenced to labor pursuant to § 24-11-28 may use all reasonable means necessary to prevent escape or to enforce obedience.
Source: SDC 1939, § 13.4619.
24-11-36. Protection of working prisoners from public annoyance.
The officer in charge of prisoners sentenced to labor shall protect them from insult and annoyance while at labor or going to and returning therefrom.
Source: SDC 1939, § 13.4619.
24-11-37. Communication with working prisoner as petty offense.
Any person who insults, annoys, or communicates with prisoners engaged in any labor, after being commanded by any officer in charge of such prisoners to desist, commits a petty offense.
Source: SDC 1939, § 13.4623; SL 1979, ch 150, § 38.
24-11-38. Malfeasance by jail officials--Misdemeanor.
Any officer or person having charge of any jail who refuses or intentionally neglects to perform any duty required by the provisions of this chapter or the policies and procedures implemented through the provisions of § 24-11-23, is guilty of a Class 2 misdemeanor.
Source: SDC 1939, § 13.4620; SL 1979, ch 161, § 11; SL 1980, ch 185, § 3; SL 1983, ch 198, § 9.
24-11-39. Municipality, county, or jail compact authorized to construct, lease, operate, purchase, maintain, or manage correctional facilities--Contract with private entity.
Any municipality, county, or jail compact established pursuant to § 24-11-4.1, may construct, lease, operate, purchase, maintain, or manage a jail, correctional facility, detention center, work camp, or related facility, either for its own inmate or prisoner needs or for the inmate or prisoner needs of the Department of Corrections or any other municipality, county, state, or federal agency, whether within the State of South Dakota or outside the State of South Dakota. Any such facility may be operated by a private entity under contract with the compact, municipality, or county. In addition, the authority granted to counties in §§ 7-25-19 and 7-25-20 applies to this section and §§ 24-11-40 to 24-11-44, inclusive.
Source: SL 1991, ch 207, § 1.
24-11-40. Contract for placement of inmates or prisoners--Certain private entities excepted.
The governing body of any compact, municipality, or county may contract with a private entity to place inmates or prisoners in a detention facility, jail, correctional facility, work camp, or related facility operated by a private entity. The governing body of the compact, municipality, or county may not contract with a private entity in which a member of the governing body of the compact, municipality, or county or an elected or appointed peace officer who serves in the municipality or county has a financial interest.
Source: SL 1991, ch 207, § 2.
24-11-41. Requests for proposals by public notice--Written approval of law enforcement official for contracts.
The governing body of any compact, municipality, or county may contract with a private entity to provide for the financing, design, construction, leasing, operation, purchase, maintenance or management of a jail, correctional facility, detention center, work camp, or related facility. The governing body of any compact, municipality, or county may not award a contract under this section unless it requests proposals by public notice and not less than thirty days from such notice receives a proposal that meets or exceeds the requirements specified in the request for proposals. Before the governing body of any compact, municipality, or county enters into a contract under this section, the governing body of the compact, municipality, or county shall receive the written approval of the sheriff or other designated law enforcement official of such municipality or county, which written approval shall not be unreasonably withheld.
Source: SL 1991, ch 207, § 3.
24-11-42. Requirements of contract for correctional facility.
A contract made under § 24-11-41 shall:
(1) Require the private entity to operate the facility in compliance with minimum standards, to the extent such standards may be applicable, adopted by the Department of Corrections or any other applicable state agency having jurisdiction with respect thereto and, to the extent otherwise required, receive and retain a certification of compliance from such agency;
(2) Provide for regular, on-site monitoring by the sheriff or other designated law enforcement official;
(3) If the contract includes construction, require a performance bond approved by the governing body that is adequate and appropriate for the proposed construction contract;
(4) Provide for assumption of liability by the private entity for all claims arising from the services performed under the contract by the private entity;
(5) Provide for an adequate plan of insurance for the private entity and its officers, guards, employees, and agents against all claims, including claims based on violations of civil rights, arising from the services performed under the contract by the private entity;
(6) Provide for a plan for the purchase and assumption of operations by the compact, municipality, or county in the event of the bankruptcy of the private entity;
(7) If the contract involves conversion of an existing correctional facility to provide private entity operation, require the private entity to give preferential consideration in hiring to employees at the existing facility who meet or exceed the private entity's qualifications and standards for employment in available positions;
(8) Require the private entity to provide health care benefits comparable to that of the compact, municipality, or county;
(9) Provide for an adequate plan of insurance to protect the compact, municipality, or county against all claims arising from the services performed under the contract by the private entity and to protect the compact, municipality, or county from actions by a third party against the private entity, its officers, guards, employees, and agents as a result of the contract; and
(10) Contain comprehensive standards for conditions of confinement and annual review of the programs for compliance.
Source: SL 1991, ch 207, § 4.
24-11-43. Liability of private entity contracting for correctional facility.
A private entity operating under a contract authorized by § 24-11-40 or 24-11-41 is not entitled to claim sovereign immunity in a suit arising from the services performed under the contract by the private entity. However, this section does not deprive the private entity or the compact, municipality, or county of any benefits of any law limiting exposure to liability, setting a limit on damages or establishing defenses to liability.
Source: SL 1991, ch 207, § 5.
24-11-44. Sections 24-11-39 to 24-11-43 liberally construed.
Sections 24-11-39 to 24-11-43, inclusive, shall be liberally construed for the public purpose of providing additional jails, correctional facilities, detention centers, work camps, or related facilities and for authorizing contracts with private parties in connection therewith.
Source: SL 1991, ch 207, § 6.
24-11-45. Prisoner liable for costs of confinement--Deferred payment plan or waiver.
A prisoner confined to any jail while serving a sentence is liable for the cost of the prisoner's confinement including room and board charges; medical, dental, optometric, and psychiatric services charges; vocational education training; chemical dependency treatment charges; and transportation costs as set forth in subdivision 7-12-18(4), where transporting the prisoner is required. If, after considering the prisoner's net income, net worth, number of dependents, and any existing obligations, the judge who sentenced the prisoner to jail determines that the prisoner is unable to pay the full amount at one time, the judge may allow the prisoner to set up a deferred payment plan for payment for the costs of the inmate's confinement or waive all or part of the payment if the prisoner demonstrates an inability to pay.
Source: SL 1995, ch 141, § 1; SL 2018, ch 149, § 1.
24-11-45.1. County lien for costs of confinement.
If any county pays for the costs of confining a prisoner serving a sentence in a county jail, the county shall have a lien pursuant to chapter 28-14.
Source: SL 1999, ch 129, § 1; SL 2018, ch 149, § 2.
24-11-46. Prisoner liable for fines, restitution, and obligation.
A prisoner confined to any jail while serving a sentence is liable for court-ordered fines and restitution and any obligation incurred while under the custody of the sheriff or officer having charge of the jail. Disbursement shall be made from a prisoner's account to defray the prisoner's obligation, regardless of the source of the prisoner's funds, including moneys in the prisoner's account from wages earned by the prisoner pursuant to § 24-11-32.
Source: SL 1995, ch 141, § 2.
24-11-47. Possession of alcoholic beverages, controlled substances, marijuana, or weapons as felony.
No alcoholic beverages, controlled substances as defined by chapter 34-20B, marijuana, or weapons as defined in subdivision 22-1-2(10), may be possessed by any inmate of a jail. No prescription drugs may be possessed by any inmate of a jail except by order of a physician, physician assistant, or certified nurse practitioner, as defined in chapters 36-4, 36-4A, and 36-9A, respectively and such an order shall be in writing and for a definite period. For purposes of this section, prescription drugs include nonprescription medication items that have not been authorized by the sheriff and which are not available to inmates except through authorized jail personnel or the inmate commissary system. A violation of this section constitutes a felony pursuant to the following schedule:
(1) Possession of alcoholic beverages or marijuana is a Class 6 felony;
(2) Possession of prescription or nonprescription drugs or controlled substances is a Class 4 felony;
(3) Possession of a weapon as defined in subdivision 22-1-2(10) is a Class 2 felony.
Source: SL 1995, ch 121, § 1; SL 2001, ch 127, § 3; SL 2014, ch 119, § 2; SL 2017, ch 171, § 50.
24-11-47.1. Possession of electronic communications devices, tobacco products, or other unauthorized items as misdemeanor.
No cellular telephone, electronic communications device, tobacco product, or any other item not provided by or authorized by the operator of the jail facility may be possessed by an inmate of a jail. No item provided by or authorized by the operator of the jail facility may be possessed by an inmate of a jail if the item has been altered to accommodate a use other than the originally intended use of the item. A violation of this section constitutes a Class 1 misdemeanor.
Source: SL 2014, ch 119, § 1.
24-11-48. Delivery of prohibited items to inmate as misdemeanor or felony.
No employee or other person may deliver or procure to be delivered, or have in such person's possession with intent to deliver, to any person incarcerated in a jail or a juvenile detention facility, or deposit or conceal in or around any jail or in or around a juvenile detention facility, or in any mode of transport entering the grounds of any jail or juvenile detention facility and its ancillary facilities used to house inmates or juveniles, any article or thing prohibited pursuant to § 24-11-47 or 24-11-47.1 with intent that any inmate obtain or receive the same. A violation of this section carries the same penalty as the possession of the same item as defined in § 24-11-47 or 24-11-47.1.
Source: SL 1995, ch 121, § 2; SL 2001, ch 127, § 1; SL 2006, ch 130, § 8; SL 2014, ch 119, § 3.
24-11-49. Involuntary treatment of prisoners with psychotropic medication.
A prisoner may be involuntarily treated with psychotropic medication if it is determined, pursuant to the provisions of this chapter, that the prisoner 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 a likelihood of serious harm to self or others.
Source: SL 2013, ch 115, § 1.
24-11-50. Hearing prior to treatment--Panel--Rights of prisoner--Order--Appeal.
Prior to involuntary treatment with psychotropic medication, the prisoner shall receive a hearing before a panel consisting of two medical representatives and a representative appointed by the county sheriff. The medical representatives may include a physician, physician assistant, or certified nurse practitioner; however, at least one shall be a physician. No panel member may have participated in the prisoner's current diagnosis, evaluation, or treatment. The prisoner has the right to notice of the hearing at least forty-eight hours in advance, the right to attend the hearing, the right to present evidence and cross-examine witnesses, and the right to representation by a disinterested lay advisor knowledgeable about psychological issues. The panel may order involuntary treatment with psychotropic medication by majority vote of the panel if the physician is in the majority. The prisoner may appeal the decision of the panel to the circuit court pursuant to chapter 1-26.
Source: SL 2013, ch 115, § 2; SL 2017, ch 171, § 50.
24-11-51. Periodic review of involuntary treatment.
If the involuntary treatment of a prisoner with psychotropic medication is to exceed thirty days, a physician who is not the attending physician shall review the inmate's medical record at least every thirty days and make a written determination whether involuntary treatment with psychotropic medication may be continued.
Source: SL 2013, ch 115, § 3.
24-11-52. Emergency involuntary treatment.
In an emergency, involuntary treatment of a prisoner with psychotropic medication may be administered without panel review for up to a maximum of ten days if the treatment is ordered by two physicians.
Source: SL 2013, ch 115, § 4.
24-11-53. Records of involuntary treatment.
The county sheriff shall maintain records of any involuntary treatment with psychotropic medication. The records shall include the frequency of use of the treatment and any available medical history of a prisoner's prior mental illness, and may include such other information as deemed necessary by the county sheriff to facilitate the management of prisoners.
Source: SL 2013, ch 115, § 5.
24-11-54. Immunity from liability for involuntary treatment.
No person who serves on the hearing panel, who is the attending physician or who orders or participates in the involuntary treatment with psychotropic medication of a prisoner may be held civilly or criminally liable for the treatment pursuant to this chapter if the person performs these duties in good faith and in a reasonable manner according to generally accepted medical or other professional practices.
Source: SL 2013, ch 115, § 6.
24-11-59.1. Repealed.
Source: SL 2019, ch 234 (Supreme Court Rule 19-13), eff. Apr. 2, 2019; SL 2023, ch 79, § 17.
24-11-60. Training on symptoms of mental health problems and defusing mental health crises.
Officers within any jail, as defined in § 24-11-1, shall receive training developed by the Division of Criminal Investigation 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, § 28, eff. July 1, 2018.
