CHAPTER 24-2
CARE AND DISCIPLINE OF STATE CORRECTIONAL FACILITY INMATES
24-2-1 Inmates under custody of secretary of corrections--Delegation of powers.
24-2-2 Repealed.
24-2-2.1 Certified judgment containing certain information required for acceptance of delivery.
24-2-3 24-2-3. Repealed by SL 1979, ch 161, § 12
24-2-4 24-2-4. Repealed by SL 1989, ch 20, § 85
24-2-5 Disposition of inmate's personal effects.
24-2-6 Maintenance of order--Prevention of escapes.
24-2-7 24-2-7, 24-2-8. Repealed by SL 1979, ch 161, § 12
24-2-9 Disciplinary sanctions authorized--Corporal punishment prohibited.
24-2-10 Unauthorized injury to inmate--Punishment.
24-2-11 24-2-11. Repealed by SL 1979, ch 161, § 12
24-2-12 Punitive confinement--Forfeiture of good conduct time.
24-2-12.1 Earning back forfeited good conduct time.
24-2-12.2 Restoration of good conduct time.
24-2-13 24-2-13. Repealed by SL 1989, ch 20, § 92
24-2-14 Alcoholic beverages, drugs, weapons, or articles of indulgence prohibited--Exception--Felony.
24-2-15 Diminution of period of confinement for good behavior, failing health, or other reason in the interest of justice.
24-2-16 24-2-16. Repealed by SL 1979, ch 161, § 12
24-2-17 Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record.
24-2-18 Warden's recommendation respecting good conduct time--Hearing and decision by secretary.
24-2-19 Documentation of pertinent information regarding inmates.
24-2-20 Records and information furnished court, secretary, board, or Governor--Information that may be released for certain other purposes.
24-2-20.1 Governmental entities defined.
24-2-21 24-2-21. Repealed by SL 1979, ch 161, § 12
24-2-22 Possession of unauthorized articles with intent to deliver to inmate as felony.
24-2-23 24-2-23. Repealed by SL 1989, ch 20, § 100
24-2-24 24-2-24. Repealed by SL 1981, ch 193, § 12
24-2-25 Extension of confinement limits to permit visits to designated places.
24-2-26 Confiscation and disposition of unauthorized articles and money in inmate's possession.
24-2-27 Facilities, programs, or services outside correctional facilities--Contracts with other agencies for care of inmates--No right or court order for housing in particular facility or participation in specific program or services--Escape.
24-2-27.1 Halfway house defined.
24-2-28 Costs of confinement and services--Liability of inmate.
24-2-29 Inmate's liability for court-ordered fines, costs, fees, sanctions, and restitution and obligations incurred under Department of Corrections jurisdiction--Disbursement from inmate's account.
24-2-29.1 Rules authorizing sanctions for inmate abuse of court system.
24-2-30 Policy on inmate work.
24-2-31 Contracts for inmate health care services exempt from state insurance regulations.
24-2-32 Involuntary treatment with psychotropic medication for severe mental illness.
24-2-33 Hearing required prior to treatment with psychotropic medication.
24-2-34 Periodic review of psychotropic treatment.
24-2-35 Emergency treatment with psychotropic medication.
24-2-36 Records of involuntary treatment with psychotropic medication.
24-2-37 Training on symptoms of mental health problems and defusing mental health crises.
24-2-1. Inmates under custody of secretary of corrections--Delegation of powers.
All inmates under confinement in a state correctional facility are under the charge and custody of the secretary of corrections, who may delegate to the warden of the state correctional facility the authority to govern, house, discipline and employ them in the manner prescribed by law and the rules and institutional policies of the Department of Corrections as approved by the secretary. A warden may delegate administrative decision making to various staff members or committees consisting of staff members. However, any decision made by such staff member or committee is subject to the final approval of the secretary.
Source: SDC 1939, § 13.4713; SL 1981, ch 193, § 2; SL 1983, ch 199, § 7; SL 1989, ch 20, § 84; SL 2023, ch 82, § 62.
24-2-2. Repealed.
Source: SDC 1939, § 13.4713; SL 1996, ch 53, § 2; SL 2007, ch 150, § 4; SL 2023, ch 82, § 63.
24-2-2.1. Certified judgment containing certain information required for acceptance of delivery.
A warden may not accept delivery of a defendant to a state correctional facility without a certified copy of the judgment containing the information required pursuant to § 23A-27-4.
Source: SL 2007, ch 150, § 3; SL 2023, ch 82, § 64.
24-2-5. Disposition of inmate's personal effects.
A correctional facility official shall mail to the destination of the inmate's choice, at the expense of the inmate, all effects, except money, in possession of each inmate when committed to the correctional facility. Money shall be deposited in the inmate's personal institutional account.
Source: SDC 1939, § 13.4721; SL 1981, ch 193, § 3; SL 1989, ch 20, § 86; SL 2023, ch 82, § 65.
24-2-6. Maintenance of order--Prevention of escapes.
Officers and employees may use any necessary means, including reasonable force, to maintain order in any adult correctional facility, to enforce obedience, suppress insurrections and prevent escapes, even at the hazard of life.
Source: SDC 1939, § 13.4717; SL 1979, ch 161, § 4; SL 1989, ch 20, § 87; SL 1990, ch 178.
24-2-9. Disciplinary sanctions authorized--Corporal punishment prohibited.
Any inmate violating the rules or institutional policies is subject to any one or more of the following disciplinary sanctions:
(1) Withholding of statutory time for good conduct;
(2) Punitive confinement;
(3) Imposition of fines;
(4) Restriction of privileges;
(5) Loss of work or school privileges;
(6) Additional labor without compensation;
(7) Referral to various programs;
(8) Transfer to a more secure housing unit;
(9) Change in classification status.
No corporal punishment may be inflicted upon any inmate in a state correctional facility.
Source: SDC 1939, § 13.4715; SL 1981, ch 193, § 5; SL 1989, ch 20, § 88; SL 1990, ch 179, § 1; SL 1994, ch 187, § 2; SL 2004, ch 168, § 4; SL 2023, ch 82, § 66.
24-2-10. Unauthorized injury to inmate--Punishment.
Any person sentenced to imprisonment in a state correctional facility is under the protection of the law, and any injury to such person not authorized by law is punishable in the same manner as if the person were not convicted or sentenced.
Source: SDC 1939, § 13.0204; SL 1989, ch 20, § 89; SL 2004, ch 168, § 5; SL 2023, ch 82, § 67.
24-2-12. Punitive confinement--Forfeiture of good conduct time.
Any inmate against whom the disciplinary sanction of punitive confinement has been given for violating any of the rules or policies of the Department of Corrections, unless otherwise determined by the secretary of corrections, shall be housed in a segregation section of the state correctional facility for such period as may be necessary for the best interests of discipline, justice, rehabilitation, and the protection of the inmate and others. The disciplinary board, established by rules promulgated by the Department of Corrections, may take away time granted for good conduct pursuant to § 24-5-1 for violating any of the rules or policies of the Department of Corrections, following a hearing and subject to the approval of the secretary of corrections.
Source: SDC 1939, § 13.4716; SL 1981, ch 193, § 6; SL 1989, ch 20, § 90; SL 1990, ch 179, § 2; SL 1994, ch 189, § 3; SL 2004, ch 168, § 6; SL 2023, ch 82, § 68.
24-2-12.1. Earning back forfeited good conduct time.
Any inmate having forfeited time granted for good conduct pursuant to § 24-2-12 may earn such forfeited time back by petitioning the classification board, established by the rules promulgated by the Department of Corrections, for restoration of good conduct time if the inmate has remained free of disciplinary sanctions for three full calendar months succeeding the termination of the imposed disciplinary sanction. The Department of Corrections may promulgate rules, pursuant to chapter 1-26, regarding the restoration of forfeited good conduct time. This section does not apply to the forfeiture of time granted for good conduct pursuant to § 24-2-18.
Source: SL 1981, ch 193, § 7; SL 1987, ch 29, § 79; SL 1989, ch 20, § 91; SL 1990, ch 179, § 3.
24-2-12.2. Restoration of good conduct time.
Upon the recommendation of the warden, the secretary of the Department of Corrections may, at any time prior to the inmate's final discharge, restore time granted for good conduct which has been forfeited pursuant to § 24-2-12. This section does not apply to the forfeiture of time granted for good conduct pursuant to § 24-2-18.
Source: SL 1990, ch 179, § 4; SL 1994, ch 189, § 4.
24-2-14. Alcoholic beverages, drugs, weapons, or articles of indulgence prohibited--Exception--Felony.
No alcoholic beverage, marijuana, or weapon, as defined in subdivision 22-1-2(10), may be possessed by any inmate of a state correctional facility. No prescription or nonprescription drug, controlled substance as defined by chapter 34-20B, or any article of indulgence may be possessed by any inmate of a state correctional facility except by order of a physician, physician assistant, or licensed nurse practitioner, as defined in chapters 36-4, 36-4A, and 36-9A, respectively. Such order must be in writing and for a definite period. Any violation of this section constitutes a felony pursuant to the following schedule:
(1) Possession of any alcoholic beverage or marijuana is a Class 6 felony;
(2) Possession of any prescription or nonprescription drug or controlled substance is a Class 4 felony;
(3) Possession of a weapon as defined in subdivision 22-1-2(10) is a Class 2 felony.
Source: SDC 1939, § 13.4720; SL 1981, ch 193, § 8; SL 1985, ch 192, § 51; SL 1987, ch 183; SL 1989, ch 20, § 93; SL 2001, ch 127, § 2; SL 2004, ch 168, § 7; SL 2017, ch 171, § 50; SL 2023, ch 82, § 69.
24-2-15. Diminution of period of confinement for good behavior, failing health, or other reason in the interest of justice.
If any inmate, convicted under the laws of this state, has demonstrated continued exceptional good behavior, or is in failing health, or for some other good and sufficient reason in the interest of justice, the Governor, upon the recommendation of the secretary of corrections, may diminish the inmate's period of confinement.
Source: SDC 1939, § 13.4719; SL 1981, ch 193, § 9; SL 1989, ch 20, § 94; SL 2004, ch 168, § 8.
24-2-17. Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record.
The warden of a state correctional facility shall keep a true record of the conduct of each inmate and shall specify each infraction of the rules of discipline. An inmate shall receive notice of every entry on the inmate's record of each such infraction of the rules of discipline and shall have thirty days to challenge the validity of the finding that the inmate committed the rule infraction or the disciplinary sanction imposed by notifying the warden. After investigation, the warden may determine that the inmate did not commit the rule infraction and revise the record accordingly. The warden may also modify the imposed disciplinary sanction or rule infraction upon approval of the secretary of corrections. The record shall be used whenever the question of any inmate's eligibility for parole or discharge arises pursuant to § 24-5-1.
Source: SDC 1939, § 13.4706; SL 1939, ch 32; SL 1974, ch 170, § 1; SL 1981, ch 193, § 10; SL 1989, ch 20, § 95; SL 2004, ch 168, § 9; SL 2009, ch 128, § 2; SL 2023, ch 82, § 70.
24-2-18. Warden's recommendation respecting good conduct time--Hearing and decision by secretary.
The warden may, at any time prior to an inmate's final discharge, consider recommendations of the disciplinary committee pertaining to the withholding of statutory time granted for good conduct and may recommend to the secretary of corrections that the reduction of time for good conduct pursuant to § 24-5-1 be withheld in full or in part. The warden may also, at any time prior to the inmate's final discharge, recommend to the secretary of corrections that the reduction of time for good conduct pursuant to § 24-5-1 be withheld in full or in part for conduct evincing an intent to reoffend or commit further offenses when discharged or for any person convicted of a sex crime within the meaning of § 22-24B-1 who fails to fully cooperate with all treatment offered.
The secretary shall, after hearing, fix the amount of time earned by good conduct to be withheld, which decision is final.
Source: SDC 1939, § 13.4706 as added by SL 1939, ch 32; SL 1974, ch 170, § 2; SL 1981, ch 193, § 11; SL 1989, ch 20, § 96; SL 1993, ch 186; SL 1995, ch 138; SL 2004, ch 168, § 10.
24-2-19. Documentation of pertinent information regarding inmates.
Written documentation shall be maintained of each inmate's institutional adjustment, rehabilitative progress, medical history, and any other facts considered pertinent by the warden.
Source: SDC 1939, § 13.4714; SL 1989, ch 20, § 97.
24-2-20. Records and information furnished court, secretary, board, or Governor--Information that may be released for certain other purposes.
Notwithstanding the provisions of § 24-1-26, when requested, regarding the fitness of any inmate, sentenced as an adult, for a modification of sentence, parole, pardon, or early release, the warden shall furnish only to the sentencing court, the secretary of corrections, the Board of Pardons and Parole, or the Governor, respectively, any requested record, fact, or opinion in the warden's possession or knowledge. The Department of Corrections may release the following information on any inmate or parolee sentenced as an adult for purposes of community and victim notification pursuant to subdivisions 23A-28C-1(10) and (12) and § 23A-28C-5, and to other governmental entities as defined in § 24-2-20.1:
(1) Name and any known aliases;
(2) Date of birth or age;
(3) Race and gender;
(4) Location of incarceration;
(5) Community of residence;
(6) Custody status and conditions of supervision;
(7) Any Department of Corrections sentence identification number;
(8) Any crime of conviction;
(9) Number of felony convictions;
(10) Sentence, time suspended, jail time credit, and revoked good-time credits;
(11) Offense, sentence, admission, release, and parole eligibility dates;
(12) Dates of pending hearings and final determinations of parole, suspended sentence, pardon, and commutation hearings;
(13) Status as an inmate, parolee, or person who has completed a prison term;
(14) County of conviction;
(15) Plea;
(16) Citizenship status;
(17) Birth town, state, and country; and
(18) Identification photograph and physical description.
The department is not civilly liable for good faith conduct under this section.
Source: SDC 1939, § 13.4714; SL 1983, ch 199, § 6; SL 1989, ch 20, § 98; SL 2001, ch 118, § 4; SL 2004, ch 168, § 11; SL 2011, ch 126, § 1.
24-2-20.1. Governmental entities defined.
As used in § 24-2-20, the term, governmental entities, means any department, division, or other public agency of any municipal, county, state, or national government.
Source: SL 2001, ch 118, § 5; SL 2004, ch 168, § 12.
24-2-22. Possession of unauthorized articles with intent to deliver to inmate as felony.
Any employee or other person who delivers or procures to be delivered, or possesses with the intention to deliver, to any inmate in a state correctional facility, or deposits or conceals in or around any facility or place used to house inmates, or in any mode of transport entering upon the grounds of any facility or place and its ancillary facilities used to house inmates, any article which is unlawful for an inmate to possess pursuant to state law or the rules of the Department of Corrections with the intent that any inmate obtain or receive such article, is guilty of a Class 6 felony.
Source: SDC 1939, § 13.1229 as added by SL 1947, ch 49; SL 1979, ch 150, § 33; SL 1989, ch 20, § 99; SL 1990, ch 180, § 4; SL 2004, ch 168, § 13; SL 2023, ch 82, § 71.
24-2-25. Extension of confinement limits to permit visits to designated places.
The secretary of corrections may extend the limits of the place of confinement of an inmate, if the secretary has reasonable cause to believe that the inmate will honor the secretary's prescribed conditions to visit or be housed in specifically designated places within the state.
Source: SL 1973, ch 157; SL 1989, ch 20, § 101; SL 2004, ch 168, § 14; SL 2023, ch 82, § 72.
24-2-26. Confiscation and disposition of unauthorized articles and money in inmate's possession.
The warden may confiscate and dispose of, in the manner as in the opinion of the secretary of corrections will best promote the interest of the state, any article in the personal possession of any inmate which is unlawful for an inmate to possess pursuant to state law or the rules of the Department of Corrections. Any unauthorized money which is confiscated shall be deposited in the state general fund.
Source: SL 1981, ch 193, § 4; SL 1989, ch 20, § 102; SL 2004, ch 168, § 15.
24-2-27. Facilities, programs, or services outside correctional facilities--Contracts with other agencies for care of inmates--No right or court order for housing in particular facility or participation in specific program or services--Escape.
The Department of Corrections may establish and maintain facilities, programs, or services outside the precincts of a state correctional facility and contract with other governmental entities for the care and maintenance of inmates committed to the Department of Corrections. However, the court may not order that an inmate be housed in any particular facility nor may the court order that an inmate be placed in a specific program or receive specific services. No inmate has any implied right or expectation to be housed in any particular facility, participate in any specific program, or receive any specific service. Each inmate is subject to transfer from any one facility, program, or service at the discretion of the secretary of corrections or a designee of the secretary. Any escape from a state correctional facility or from a facility, program, or service maintained outside a state correctional facility is a violation of § 22-11A-2 or 22-11A-2.1. Venue for a prosecution for an escape from any facility is the county where the acts constituting the escape take place.
Source: SL 1983, ch 199, § 5; SL 1984, ch 138, § 2; SL 1985, ch 192, § 54; SL 1986, ch 198; SL 1986, ch 200; SL 1989, ch 20, § 103; SL 2004, ch 168, § 16; SL 2017, ch 110, § 1; SL 2023, ch 82, § 73.
24-2-27.1. Halfway house defined.
The term, halfway house, means a residential facility that provides services and supervision of inmates for the purpose of reintegrating inmates into the community. Each halfway house shall be operated by a unit of local government, the Department of Corrections, or any private individual, partnership, corporation, or association. A halfway house may provide:
(1) Monitoring of the activities of inmates;
(2) Oversight of victim restitution and community service by inmates;
(3) Day reporting programs; and
(4) Programs and services to aid inmates in obtaining and holding regular employment, enrolling in and maintaining academic courses, participating in vocational training programs, utilizing the resources of the community, meeting the personal and family needs of inmates, obtaining appropriate treatment for inmates, and participating in whatever specialized programs exist within the community and other services and programs as may be appropriate to aid in inmate rehabilitation and public safety.
Source: SL 2016, ch 139, § 1.
24-2-28. Costs of confinement and services--Liability of inmate.
Each inmate under the jurisdiction of the Department of Corrections is liable for the cost of the inmate's confinement which includes room and board charges; medical, dental, optometric, and psychiatric services charges; vocational education training; and alcoholism treatment charges.
However, if the secretary of corrections determines after considering the net income, net worth, number of dependents, and any existing obligations of the inmate, that the inmate is unable to pay, the secretary may waive all or part of the payment for the costs of the inmate's confinement.
Source: SL 1985, ch 192, § 55; SL 1989, ch 20, § 104; SL 1994, ch 188, § 2; SL 2004, ch 168, § 17.
24-2-29. Inmate's liability for court-ordered fines, costs, fees, sanctions, and restitution and obligations incurred under Department of Corrections jurisdiction--Disbursement from inmate's account.
Each inmate is liable for court-ordered fines, costs, fees, sanctions, and restitution and any obligation incurred while under the jurisdiction of the Department of Corrections including those provided for in §§ 24-2-28, 24-7-3, 24-8-9, 24-15-11, 24-15A-24, and 23A-35B-4 and any other charge owed to the state. Disbursement shall be made from an inmate's institutional account to defray the inmate's obligation, regardless of the source of the inmate's funds, including moneys in the inmate's institutional account pursuant to § 24-2-5 and wages earned by the inmate pursuant to §§ 24-4-9, 24-7-3(3), 24-7-6, and 24-8-8.
Source: SL 1994, ch 188, § 1; SL 1997, ch 147, § 3; SL 1997, ch 149, § 5; SL 2002, ch 121, § 3; SL 2004, ch 168, § 18.
24-2-29.1. Rules authorizing sanctions for inmate abuse of court system.
The secretary of corrections shall develop department rules which allow an inmate to be sanctioned pursuant to §§ 24-2-9 and 24-15A-4 for each instance that a court finds that the inmate has done any of the following while in the custody of the Department of Corrections:
(1) Filed a false, frivolous, or malicious action or claim with the court;
(2) Brought an action or claim with the court solely or primarily for delay or harassment;
(3) Unreasonably expanded or delayed a judicial proceeding;
(4) Testified falsely or otherwise submitted false evidence or information to the court;
(5) Attempted to create or obtain a false affidavit, testimony, or evidence; or
(6) Abused the discovery process in any judicial action or proceeding.
The violation of such rules may be considered in parole release decisions pursuant to subdivision 24-13-7(6) and shall be considered in determining substantive compliance or noncompliance with the inmate's individual program directive pursuant to §§ 24-15A-35 and 24-15A-39.
Source: SL 1997, ch 147, § 1.
24-2-30. Policy on inmate work.
It is the policy of the State of South Dakota that each inmate of a Department of Corrections facility shall be employed or work in some productive capacity if there is a suitable work situation. Any inmate may be required to work without compensation as a condition of confinement.
Source: SL 1994, ch 187, § 1; SL 2004, ch 168, § 19.
24-2-31. Contracts for inmate health care services exempt from state insurance regulations.
Any person who enters into a contract with the Department of Corrections to provide health care services for inmates is not subject to the requirements of Title 58 for the provision of those services to inmates. However, any activity of such a person outside the scope of the contract with the Department of Corrections is not exempt from provisions of Title 58.
Source: SL 1995, ch 139.
24-2-32. Involuntary treatment with psychotropic medication for severe mental illness.
An inmate may be involuntarily treated with psychotropic medication if it is determined that the inmate 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 the likelihood of serious harm to self or others.
Source: SL 1996, ch 159, § 1.
24-2-33. Hearing required prior to treatment with psychotropic medication.
Prior to involuntary treatment with psychotropic medication, the inmate shall receive a hearing before a panel consisting of a psychiatrist, a physician, and a representative of the warden, none of whom may have participated in the inmate's current diagnosis, evaluation, or treatment. The inmate has the right to notice of the hearing, the right to attend the hearing, and 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 psychiatrist is in the majority. The inmate may appeal the decision of the panel to the secretary of corrections. The inmate may appeal the decision of the secretary to circuit court pursuant to chapter 1-26.
Source: SL 1996, ch 159, § 2.
24-2-34. Periodic review of psychotropic treatment.
If involuntary treatment of an inmate with psychotropic medication is to exceed thirty days, a physician who is not the attending physician shall review the inmate's case at intervals not to exceed thirty days and make a written determination whether involuntary treatment with psychotropic medication may be continued.
Source: SL 1996, ch 159, § 3.
24-2-35. Emergency treatment with psychotropic medication.
In an emergency, involuntary treatment of an inmate with psychotropic medication may be administered without panel review for up to ten days if the treatment is ordered by two physicians, one of whom shall be a psychiatrist.
Source: SL 1996, ch 159, § 4.
24-2-36. Records of involuntary treatment with psychotropic medication.
The Department of Corrections shall maintain records of any involuntary treatment with psychotropic medication. The records shall include the frequency of use of this treatment and any available medical history of a prisoner's prior mental illness, and may include such other information as deemed necessary by the Department of Corrections to facilitate its management of prisoners.
Source: SL 1996, ch 159, § 5.
24-2-37. Training on symptoms of mental health problems and defusing mental health crises.
Officers within any state prison shall receive training 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, § 27.
