24-7-1
State prison industries--Operation--New industry.
24-7-2
Repealed.
24-7-3
Furnishing prison labor to private enterprise authorized--Rules.
24-7-4
General supervision by secretary of corrections.
24-7-5
Appointment of director of prison industries.
24-7-6
Use of inmate labor--Wages.
24-7-7
Prison industries revolving fund moneys available.
24-7-8
Separate account for each prison industry.
24-7-9
Surplus in prison industries revolving fund transferred to general fund.
24-7-10
Director as custodian of all moneys and property--Duty to keep accounts--Authority to install accounting systems--Bond required.
24-7-11, 24-7-12.
Repealed.
24-7-13
Repealed.
24-7-14
Repealed.
24-7-15
Contracts by director of prison industries with approval of secretary.
24-7-16
Sale of products.
24-7-17 to 24-7-19. Repealed.
24-7-20 to 24-7-29.
Repealed.
24-7-30, 24-7-31.
Repealed.
24-7-32
State departments required to purchase from license plant--License plant
required to sell at cost.
24-7-33
Payment for goods--Disposition of moneys.
24-7-34
Repealed.
24-7-35, 24-7-36.
Repealed.
24-7-37
Annual report of activities of prison industries.
24-7-38
Repealed.
24-7-1. State prison industries--Operation--New industry.
The South Dakota State Prison Industries constitutes the operating organization for all of the industries now established at the state penitentiary, including the license plate plant, furniture shop, bookbindery, and sign shop. The prison industries shall also embrace any new industry that is established by the Department of Corrections at the state penitentiary or any other facility for the employment of inmate labor.
Source: SL 1947, ch 265, § 1; SL 1959, ch 43; SDC Supp 1960, § 13.47A01; SL 1966, ch 35; SL 1984, ch 138, § 3; SL 1987, ch 29, § 80; SL 1989, ch 20, § 122; SL 2004, ch 168, § 30.
24-7-3. Furnishing prison labor to private enterprise authorized--Rules.
The Department of Corrections may contract prison labor to private enterprises and may establish new industries beyond the use and purpose of furnishing goods, products, and services to the federal government, state governments, and their political subdivisions.
The Department of Corrections may promulgate rules pursuant to chapter 1-26 to implement the provisions of this section, which shall require:
(1) Deductions from prison industries revenues or inmate wages to be contributed to a crime victim assistance or compensation program as administered by the State of South Dakota;
(2) Consultation with representatives of local labor organizations and local businesses prior to the use of inmate workers in the production of goods for sale in interstate commerce or to the federal government;
(3) The payment of wages to inmate workers at a rate which is not less than the prevailing wage for work of a similar nature in private industry;
(4) Some form of workmen's compensation for inmate workers;
(5) Voluntary inmate participation; and
(6) Any other conditions or requirements of the private sector/prison industry enhancement certification program of the Federal Bureau of Justice Assistance.
Source: SL 1947, ch 265, § 1; SL 1959, ch 43; SDC Supp 1960, § 13.47A01; SL 1966, ch 35; SL 1989, ch 20, § 124; SL 1990, ch 182.
24-7-4. General supervision by secretary of corrections.
The prison industries shall be controlled, operated, maintained, and improved and buildings for its use erected and remodeled under the supervision of the secretary of corrections.
Source: SL 1947, ch 265, § 2; SL 1955, ch 30; SDC Supp 1960, § 13.47A02; SL 1989, ch 20, § 125.
24-7-5. Appointment of director of prison industries.
The secretary of corrections may appoint a director of prison industries who shall supervise the operation of the various prison industries.
Source: SL 1947, ch 265, § 2; SL 1955, ch 30; SDC Supp 1960, § 13.47A02; SL 1989, ch 20, § 126; SL 1991, ch 206, § 1.
24-7-6. Use of inmate labor--Wages.
The director of prison industries shall use such inmate labor as may be necessary in the operation of the prison industries and pay wages within limits fixed by the secretary of corrections.
Source: SL 1947, ch 265, § 2; SL 1955, ch 30; SDC Supp 1960, § 13.47A02; SL 1989, ch 20, § 127.
24-7-7. Prison industries revolving fund moneys available.
The prison industries revolving fund shall be available for the operation of the various prison industries.
Source: SL 1947, ch 265, § 3; SDC Supp 1960, § 13.47A03; SL 1989, ch 20, § 128.
24-7-8. Separate account for each prison industry.
Separate accounts shall be kept by the director of prison industries to clearly show the financial condition of each separate prison industry.
Source: SL 1947, ch 265, § 3; SDC Supp 1960, § 13.47A03; SL 1984, ch 30, § 13; SL 1989, ch 20, § 129.
24-7-9. Surplus in prison industries revolving fund transferred to general fund.
At the end of the fiscal year the state treasurer shall transfer any cash balance in excess of five hundred thousand dollars from the prison industries revolving fund to the general fund.
Source: SDC 1939, § 13.4805; SL 1947, ch 265, § 3; SDC Supp 1960, § 13.47A03; SL 1984, ch 30, § 14; SL 1989, ch 20, § 130; SL 2016, ch 140, § 2.
24-7-10. Director as custodian of all moneys and property--Duty to keep accounts--Authority to install accounting systems--Bond required.
The director of prison industries shall be the custodian of all moneys and property of the prison industries and shall keep accurate account of all its proceedings and transactions, make all reports, requisitions, and statements, may install such systems of accounting as will meet the demands of the secretary of corrections most expeditiously and shall perform all such other duties and file such bond as may be required by the secretary.
Source: SL 1947, ch 265, § 3; SDC Supp 1960, § 13.47A03; SL 1989, ch 20, § 131.
24-7-15. Contracts by director of prison industries with approval of secretary.
All contracts for material used in a manufactured product, containers, machinery, repairs, and services shall be made and executed by the director of prison industries with the approval of the secretary of corrections.
Source: SL 1947, ch 265, § 4; SDC Supp 1960, § 13.47A04; SL 1989, ch 20, § 133; SL 1991, ch 206, § 2.
24-7-16. Sale of products.
The director of prison industries shall sell the products and services of the various prison industries to the federal government, states and subdivisions thereof, and to individuals. The director, with the approval of the secretary of corrections, may execute such contracts on behalf of the prison industries as may best promote the successful operation thereof.
Source: SL 1947, ch 265, § 4; SDC Supp 1960, § 13.47A04; SL 1989, ch 20, § 134; SL 1991, ch 206, § 3.
24-7-17 to 24-7-19. Repealed by SL 2012, ch 4, §§ 5 to 7.
24-7-32. State departments required to purchase from license plant--License plant required to sell at cost.
All state departments shall buy license plates and licensing decals from the prison industries if the prison industries are able to furnish such license plates and licensing decals. The prison industries shall furnish such license plates and licensing decals at the actual cost of production, plus fifteen percent.
Source: SDC 1939, § 55.1708; SL 1941, ch 300; SL 1947, ch 265, § 11; SDC Supp 1960, § 13.47A11; SL 1971, ch 163; SL 1989, ch 20, § 140; SL 1993, ch 187, § 1; SL 2004, ch 168, § 33.
24-7-33. Payment for goods--Disposition of moneys.
Any state department contracting for any of the products provided for by prison industries shall pay for such goods as provided by law. All money received for the manufacturing of products shall be deposited to the credit of the revolving fund provided for in this chapter.
Source: SDC 1939, § 55.1708; SL 1941, ch 300; SL 1947, ch 265, § 11; SDC Supp 1960, § 13.47A11; SL 2004, ch 168, § 34.
24-7-37. Annual report of activities of prison industries.
The secretary shall submit an annual report to the Governor and the Legislature setting out all the activities of prison industries that were engaged in the previous year. The secretary shall include in the report financial summaries of all activities of prison industries, a listing of all contracts with private organizations and individuals, and a summary of the planned activities for the next year. The report shall be filed on or before the first legislative day of each session.
Source: SL 1991, ch 206, § 5.
