TITLE 24
CORRECTIONAL FACILITIES AND PAROLE
Chapter
01 Management Of State Correctional Facilities
02 Care And Discipline Of State Correctional Facility Inmates
03 Interstate Contracts For Confinement Of Prisoners [Repealed]
04 Employment Of State Inmates
05 Discharge Of Inmates From State Correctional Facilities
06 State Reformatory [Repealed]
06A Mike Durfee State Prison
07 State Prison Industries
08 Work Release Programs
09 State Training Schools [Repealed And Transferred]
10 Youth Forestry Camps [Repealed And Transferred]
11 Jails
11A Adult Community Corrections Facilities [Repealed]
11B Prisoner Involuntary Feeding And Hydration
12 Escapes And Rescues [Repealed And Transferred]
12A Escapee Recapture Expenses
13 Board Of Pardons And Paroles
14 Executive Clemency
15 Paroles From State Correctional Facilities
15A Adult State Correctional Parole System
16 Interstate Parolee Supervision [Repealed]
16A Interstate Compact For Adult Offender Supervision
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 Repealed by SL 1979, ch 161, § 12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 Repealed by SL 1989, ch 20, § 70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 Repealed by SL 1979, ch 161, § 12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 Repealed by SL 1989, ch 20, § 73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 Repealed by SL 1979, ch 161, § 12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 Repealed by SL 1979, ch 161, § 12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 Repealed by SL 1979, ch 161, § 12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 Repealed by SL 1989, ch 20, §§ 79 to 82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 Repealed by SL 1975, ch 176, § 5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 Repealed by SL 1989, ch 20, § 83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.
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.
CHAPTER 24-4
EMPLOYMENT OF STATE INMATES
24-4-1, 24-4-2. Repealed.
24-4-3, 24-4-4. Repealed.
24-4-5, 24-4-6. Repealed.
24-4-7. Inmate employment on any state work--Provisions for control.
24-4-8. Report by custodian of an inmate's unauthorized absence--Return of inmate.
24-4-9. Inmates' compensation authorized.
24-4-10. Repealed.
24-4-7. Inmate employment on any state work--Provisions for control.
Inmate labor may be used on any work in which the State of South Dakota or any of its political subdivisions are engaged or has an interest, or by executive order pursuant to § 34-48A-5, at any place within the state. The secretary and the warden shall make such provision for the custody, control, and maintenance of inmates engaged in such work as may be necessary or advisable.
Source: SDC 1939, § 13.4722; SL 1989, ch 20, § 107.
24-4-8. Report by custodian of an inmate's unauthorized absence--Return of inmate.
Any person who has custody of an inmate pursuant to § 24-4-7 shall immediately report the unauthorized absence of any inmate and shall promptly return any inmate to the custody of the warden if ordered to do so.
Source: SDC 1939, § 13.4722; SL 1989, ch 20, § 108; SL 2004, ch 168, § 20.
24-4-9. Inmates' compensation authorized.
The warden may authorize monetary compensation to inmates for work performed under the provisions of § 24-4-7.
Source: SDC 1939, § 13.4723; SL 1989, ch 20, § 109.
CHAPTER 24-5
DISCHARGE OF INMATES FROM STATE CORRECTIONAL FACILITIES
24-5-1 Graduated scale of reductions from sentence for good conduct.
24-5-2 Restoration to citizenship on discharge--Certificate issued by secretary of corrections--Copy to clerk of court.
24-5-3 Clothing, money, and transportation provided on discharge.
24-5-4 24-5-4. Repealed by SL 1989, ch 20, § 112
24-5-5 Funds in inmate's institutional accounts upon discharge, death, or escape--Application--Refund.
24-5-6 Closing of inmate's institutional account with negative balance.
24-5-7 Board authorized to grant early final discharge from supervision--Certificate of discharge--Prisoner not entitled to early discharge.
24-5-1. Graduated scale of reductions from sentence for good conduct.
Every inmate sentenced for any term less than life, or who has had an indeterminate sentence set at a term of years, or who has had a life sentence commuted to a term of years, and subject to the provisions of §§ 24-2-17 and 24-2-18, is entitled to a deduction of four months from his or her sentence for each year and pro rata for any part of a year for the first year to the tenth, and six months for the tenth year and for each year thereafter until the expiration of the period of the sentence as pronounced by the court, for good conduct.
Source: SDC 1939, § 13.4718; SL 1939, ch 33; SL 1943, ch 47; SL 1959, ch 41, § 1; SL 1965, ch 34; SL 1988, ch 196, § 1; SL 2004, ch 168, § 21.
24-5-2. Restoration to citizenship on discharge--Certificate issued by secretary of corrections--Copy to clerk of court.
If any inmate has been discharged under the provisions of § 24-5-1, 24-5-7, or 24-15A-8.1, the inmate shall, at the time of discharge, be considered as restored to the full rights of citizenship. At the time of the discharge of any inmate under the provisions of this chapter, the inmate shall receive from the secretary of corrections a certificate stating that the inmate has been restored to the full rights of a citizen. If an inmate is on parole at the time the inmate becomes eligible for discharge, the secretary of corrections shall issue a like certificate stating that the inmate has been restored to the full rights of a citizen.
The secretary of corrections shall mail a copy of the certificate to the clerk of court for the county from which the inmate was sentenced.
Source: SDC 1939, § 13.4718; SL 1939, ch 33; SL 1943, ch 47; SL 1959, ch 41, § 1; SL 1965, ch 34; SL 1978, ch 181; SL 1989, ch 20, § 110; SL 1990, ch 180, § 5; SL 2004, ch 168, § 22; SL 2011, ch 128, § 3.
24-5-3. Clothing, money, and transportation provided on discharge.
If not already provided, a correctional facility official shall provide every inmate with suitable clothing, a sum of money to be determined by the secretary of corrections, and transportation to the place where the inmate received sentence or an equivalent distance upon discharge from a correctional facility, whether by parole, suspended sentence, or final discharge.
Source: SDC 1939, § 13.4726; SL 1953, ch 38; SL 1959, ch 42; SL 1961, ch 44; SL 1972, ch 151; SL 1981, ch 193, § 15; SL 1989, ch 20, § 111; SL 2004, ch 168, § 23; SL 2013, ch 114, § 1; SL 2023, ch 82, § 74.
24-5-5. Funds in inmate's institutional accounts upon discharge, death, or escape--Application--Refund.
If any inmate of a state correctional facility dies, is discharged, or escapes, leaving funds in the inmate's institutional account or other tangible personal property of value, a correctional facility official shall apply these funds towards the inmate's obligations as provided for in § 24-2-29. At the official's discretion, tangible personal property of value may be sold, donated to charity, discarded, returned to an heir, or used for the benefit of the Department of Corrections. If the funds exceed the inmate's obligations as provided for in § 24-2-29, the official shall give the excess balance back to the inmate or an heir of the inmate. Otherwise, the official shall deposit the excess balance in the state general fund.
Source: SL 1987, ch 184, § 1; SL 2004, ch 169, § 1; SL 2023, ch 82, § 75.
24-5-6. Closing of inmate's institutional account with negative balance.
If any inmate of a state correctional facility dies or is discharged from a state correctional facility with a negative balance in the inmate's institutional account, a state correctional facility official may close out that account.
Source: SL 1987, ch 184, § 2; SL 2004, ch 169, § 2; SL 2023, ch 82, § 76.
24-5-7. Board authorized to grant early final discharge from supervision--Certificate of discharge--Prisoner not entitled to early discharge.
Upon recommendation of the supervising agent, the Board of Pardons and Paroles may grant an early final discharge from supervision for a parolee or person serving a suspended sentence under supervision of the board if the board is satisfied that an early final discharge would be in the best interests of society and the inmate. At the time of early final discharge from supervision, the secretary of corrections shall issue a certificate of discharge pursuant to § 24-5-2. No inmate is entitled to an early final discharge. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate.
Source: SL 1988, ch 197, § 1; SL 1992, ch 177, § 1; SL 2004, ch 168, § 24.
CHAPTER 24-6A
MIKE DURFEE STATE PRISON
24-6A-1 Repealed.
24-6A-1 Mike Durfee State Prison.
24-6A-2 24-6A-2 to 24-6A-5. Repealed by SL 2004, ch 168, §§ 26 to 29
24-6A-1. Repealed.
Source: SL 1971, ch 135, §§ 1 to 4; SDCL Supp, §§ 13-57-23 to 13-57-26; SL 1975, ch 128, § 355; SL 1984, ch 138, § 1; SL 1985, ch 202; SL 1989, ch 20, § 121; SL 1994, ch 189, § 1; SL 2004, ch 168, § 25; SL 2023, ch 82, § 77.
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.
CHAPTER 24-8
WORK RELEASE PROGRAMS
24-8-1 Conditional release of inmates--Continued supervision and paid employment--Educational programs--Termination of release.
24-8-2 24-8-2. Repealed by SL 1973, ch 158, § 2
24-8-3 Confinement during nonwork periods.
24-8-4 Agreements with other state agencies and political subdivisions for housing employed inmates.
24-8-5 Rules for administration of release program.
24-8-6 Failure of inmate to report constitutes escape.
24-8-7 24-8-7. Repealed by SL 1989, ch 20, § 147
24-8-8 Disposition of inmate's earnings.
24-8-9 Disbursements to defray inmate's obligations--Priority of disbursements.
24-8-9.1 Operation of motor vehicle by inmate.
24-8-10 Earnings exempt from seizure.
24-8-11 Charges for room and board--Disposition of amounts received.
24-8-12 24-8-12. Repealed by SL 1989, ch 20, § 151
24-8-13 Conditionally released inmate not agent of state.
24-8-1. Conditional release of inmates--Continued supervision and paid employment--Educational programs--Termination of release.
The Department of Corrections may conditionally release selected inmates and may extend the limits of the place of confinement of such inmates of a state correctional facility. If the warden determines that the character and attitude of an inmate reasonably indicate that the inmate may be so trusted, the warden may release and provide for continued supervision of such an inmate to work at paid employment, or to participate in vocational training or other educational programs in the community after such employment or program has been investigated and approved pursuant to rules promulgated by the Department of Corrections. The warden may, with or without cause, terminate or suspend any such release.
Source: SL 1967, ch 32, § 1; SL 1973, ch 158, § 1; SL 1989, ch 20, § 142; SL 2004, ch 168, § 35; SL 2023, ch 82, § 78.
24-8-3. Confinement during nonwork periods.
Any inmate released pursuant to § 24-8-1 shall be confined in the institution from which released or some other suitable place of confinement approved by the warden. Such confinement shall be for such periods of time that such inmate is not actually working at his or her employed job, seeking employment, or engaging in a vocational training or other educational program.
Source: SL 1967, ch 32, § 1; SL 1989, ch 20, § 143; SL 2004, ch 168, § 36.
24-8-4. Agreements with other state agencies and political subdivisions for housing employed inmates.
The secretary of corrections may enter into agreements with other agencies of the state and the political subdivisions for the confinement and the providing of other services for those inmates whose employment or vocational training or other educational programs so require, and such agencies of the state and the political subdivisions may enter into such agreements.
Source: SL 1967, ch 32, § 2; SL 1989, ch 20, § 144; SL 2023, ch 82, § 79.
24-8-5. Rules for administration of release program.
The Department of Corrections may promulgate rules, pursuant to chapter 1-26, for the placement, supervision, and confinement of inmates and for the administration of the programs authorized by this chapter.
Source: SL 1967, ch 32, § 3; SL 1989, ch 20, § 145.
24-8-6. Failure of inmate to report constitutes escape.
The failure of an inmate to report to or return from planned employment, the seeking of employment, or vocational training constitutes escape, and such inmate shall be charged therefor.
Source: SL 1967, ch 32, § 4; SL 2004, ch 168, § 37.
24-8-8. Disposition of inmate's earnings.
The earnings of inmates released under this chapter shall be assigned and paid to the Department of Corrections.
Source: SL 1967, ch 32, § 5; SL 1989, ch 20, § 148; SL 2006, ch 138, § 1.
24-8-9. Disbursements to defray inmate's obligations--Priority of disbursements.
The Department of Corrections shall place all earnings in the inmate's account and make disbursements therefrom in the priority set forth below:
(1) The board and room charges of the inmate;
(2) Necessary travel expenses and other incidental expenses of the inmate related to the inmate's release program;
(3) Support of the inmate's legal dependents;
(4) Payments on fines and restitution;
(5) Payments of personal debts and obligations upon proper proof and at the discretion of the inmate;
(6) The balance, if any, to be retained in the inmate's account and paid to the inmate upon parole or discharge.
Source: SL 1967, ch 32, § 5; SL 1989, ch 20, § 149; SL 2004, ch 168, § 38; SL 2006, ch 138, § 2.
24-8-9.1. Operation of motor vehicle by inmate.
No inmate engaged in work-release activities may drive or operate a motor vehicle unless the inmate has established to the satisfaction of the sheriff or warden that the inmate is in compliance with § 32-35-113.
Source: SL 1989, ch 215; SL 2004, ch 168, § 39.
24-8-10. Earnings exempt from seizure.
The earnings of inmates under this chapter are not subject to garnishment, attachment, or execution either in the hands of the employer or an agent authorized to hold or transmit such moneys.
Source: SL 1967, ch 32, § 5; SL 2004, ch 168, § 40.
24-8-11. Charges for room and board--Disposition of amounts received.
The secretary of corrections shall determine the amount to be paid for board and room by each work release inmate. If special circumstances warrant or for a just and reasonable cause, the secretary of corrections may waive the payment of board and room charges.
All the board and room charges paid to the Department of Corrections for confinement shall be deposited in the general fund.
Source: SL 1967, ch 32, § 6; SL 1989, ch 20, § 150; SL 2006, ch 138, § 3; SL 2016, ch 140, § 1.
24-8-13. Conditionally released inmate not agent of state.
No inmate being employed or trained in the community under the provisions of this chapter is an agent, employee, or involuntary servant of the Department of Corrections while released pursuant to the provisions of this chapter.
Source: SL 1967, ch 32, § 4; SL 1989, ch 20, § 152.
24-9-1
Transferred.
24-9-2, 24-9-3.
Repealed.
24-9-4 to 24-9-6.
Repealed.
24-9-7
Repealed.
24-9-8, 24-9-9.
Repealed.
24-9-10
Repealed.
24-9-11
Repealed.
24-9-12 to 24-9-17.
Repealed.
24-9-18, 24-9-19.
Repealed.
24-9-20
Repealed.
24-9-21, 24-9-22.
Repealed.
24-10-1
Transferred.
24-10-2 to 24-10-5.
Repealed.
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.
24-11A-1 to 24-11A-20. Repealed.
24-11A-1 to 24-11A-20. Repealed by SL 2012, ch 4, §§ 8 to 11.
24-11B-1
Prisoner involuntary feeding or hydration--Determination of severe harm--Exceptions.
24-11B-2
Hearing before panel--Panel members--Prisoner rights.
24-11B-3
Duties and powers of hearing panel.
24-11B-4
Order upon majority vote of panel--Written decision--Appeals.
24-11B-5
Emergency involuntary feeding or hydration without panel review--Limitation.
24-11B-6
Continuation of feeding or hydration--Determination by physician.
24-11B-7
Records--Content.
24-11B-8
Liability for involuntary feeding or hydration of prisoner.
24-11B-1. Prisoner involuntary feeding or hydration--Determination of severe harm--Exceptions.
The supervisor of a jail, as defined in § 24-11-1, or a prison warden may attempt to prevent a prisoner from causing severe harm or death to himself or herself by refusing sufficient nutrition or hydration. A prisoner may be involuntarily fed or hydrated if it is determined, pursuant to the provisions of this chapter, that the prisoner is likely to cause severe harm to himself or herself by refusing sufficient nutrition or hydration. No supervisor of a jail or prison warden may prevent medically imposed fasts for the purpose of conducting medical tests or procedures or religious fasts for a reasonable length of time.
Source: SL 2005, ch 131, § 1.
24-11B-2. Hearing before panel--Panel members--Prisoner rights.
Prior to involuntary feeding or hydration, the prisoner shall receive a hearing before a panel consisting of two medical representatives and a representative of the jail or prison. The medical representatives shall be a physician, physician assistant, or certified nurse practitioner. 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.
Source: SL 2005, ch 131, § 2; SL 2017, ch 171, § 50.
24-11B-3. Duties and powers of hearing panel.
The hearing panel:
(1) Shall engage in a confidential review of the prisoner's medical records;
(2) Shall receive a description of the proposed course of treatment for the involuntary feeding or hydration of the prisoner and testimony of the circumstances of the situation from the attending physician; and
(3) May ask for testimony or written statement concerning the circumstances of the prisoner's lack of nutrition or hydration.
Source: SL 2005, ch 131, § 3.
24-11B-4. Order upon majority vote of panel--Written decision--Appeals.
The panel may order involuntary feeding or hydration by a majority vote. The panel shall provide its decision in writing to the attending physician, the supervisor of the jail or prison warden, and the prisoner. The prisoner may appeal an adverse decision of the panel to the supervisor of the jail in which the prisoner is confined or the secretary of corrections if the prisoner is confined in a Department of Corrections facility. The prisoner may appeal the decision of the jail supervisor or secretary of corrections to circuit court pursuant to chapter 1-26.
Source: SL 2005, ch 131, § 4.
24-11B-5. Emergency involuntary feeding or hydration without panel review--Limitation.
In an emergency, involuntary feeding or hydration of a prisoner may be administered without panel review for up to three days if two medical representatives who are a physician, physician assistant, or certified nurse practitioner order the treatment. Involuntary feeding for a greater length of time requires the approval of the panel.
Source: SL 2005, ch 131, § 5; SL 2017, ch 171, § 50.
24-11B-6. Continuation of feeding or hydration--Determination by physician.
If involuntary feeding or hydration of a prisoner exceeds ten days, a physician who is not the attending physician shall review the prisoner's current case and at subsequent intervals not to exceed three days, make a written determination whether the involuntary feeding or hydration shall be continued. The physician's written determination shall be provided to the attending physician, the supervisor of the jail or prison warden, and the prisoner.
Source: SL 2005, ch 131, § 6.
24-11B-7. Records--Content.
A jail or prison shall maintain records of any involuntary feeding or hydration of prisoners. The records shall include any available medical history of a prisoner's prior refusal of adequate nutrition or hydration, current and prior illnesses, and may include such other information as deemed necessary by the jail or prison to facilitate management of prisoners.
Source: SL 2005, ch 131, § 7.
24-11B-8. Liability for involuntary feeding or hydration of prisoner.
No person who serves on the hearing panel, who is the attending physician, who is the supervisor of the jail or prison warden, or who orders or participates in the involuntarily feeding or hydrating of a prisoner may be held civilly or criminally liable for the involuntarily feeding or hydrating of a prisoner 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 2005, ch 131, § 8.
24-12-1 to 24-12-7. Repealed.
24-12-8 to 24-12-14. Transferred.
24-12A-1
State reimbursement of county for expense of recapture of escapees from Department
of Corrections' custody.
24-12A-2
Voucher and warrant for state reimbursement of county.
24-12A-1. State reimbursement of county for expense of recapture of escapees from Department of Corrections' custody.
Any county of this state, which is compelled to incur expense for the apprehension and detention of escapees from the custody of the Department of Corrections, including sheriff's mileage and expense, the costs and expenses of a trial, and damage or injury resulting to county property, shall be reimbursed by the state for the expense incurred and for any actual damage or injury suffered.
Source: SL 1955, ch 315, § 1; SDC Supp 1960, § 12.1919; SL 1968, ch 20; SDCL, § 24-12-6; SL 1978, ch 185, § 14; SDCL Supp, § 24-12-13; SL 1990, ch 160, § 1; SDCL, § 22-11A-6; SL 2005, ch 120, § 323.
24-12A-2. Voucher and warrant for state reimbursement of county.
In order to obtain reimbursement pursuant to § 24-12A-1, the chair of the board of county commissioners of the county shall present a claim on a voucher to be approved by the secretary of corrections for all of the actual expenses paid by the county. When the voucher is presented to the state auditor, the state auditor shall examine it and, if the claim is just and valid, the state auditor shall issue a warrant for payment to be made from funds appropriated for that purpose, and the state treasurer shall then pay the sum to the treasurer of the county.
Source: SL 1955, ch 315, §§ 1, 2; SDC Supp 1960, § 12.1919; SL 1968, ch 20; SDCL, § 24-12-7; SL 1978, ch 185, § 15; SDCL Supp, § 22-12-14; SL 1989, ch 20, § 66; SDCL, § 22-11A-7; SL 2005, ch 120, §§ 323, 324.
24-13-1
Composition of board--Appointment of members.
24-13-2
Terms of board members--Vacancies--Training.
24-13-3
Direction and supervision of Board of Pardons and Paroles--Records and reports--Coordination of programs.
24-13-4
Chair of board--Meetings.
24-13-4.1
Quorum.
24-13-4.2 to 24-13-4.5. Repealed.
24-13-4.6
Repealed.
24-13-5
Compensation and expenses of board members.
24-13-6
Meetings at department facilities to consider clemency and paroles--Facilities--Cooperation by penitentiary personnel.
24-13-7
Procedural rules of board--Consideration in granting or denying parole.
24-13-8
Board process for witnesses and evidence--Administration of oaths.
24-13-9
Appointment and salary of executive director.
24-13-10
Duties of executive director.
24-13-11
Hearings by teleconference--Electronic document transfer.
24-13-12
Inapplicability of certain evidence rules.
24-13-13
Former board member service as auxiliary member.
24-13-14
Restrictions on service of auxiliary member.
24-13-15
Maximum number of members conducting hearing or taking action.
24-13-16
Auxiliary member not to serve as chair.
24-13-1. Composition of board--Appointment of members.
The Board of Pardons and Paroles shall consist of nine members. Three members shall be appointed by the Governor; at least one shall be an attorney. Three members shall be appointed by the attorney general; at least one shall be an attorney. Three members shall be appointed by the Supreme Court; at least one shall be an attorney. Each member of the board shall be a resident of South Dakota and be appointed with the advice and consent of the Senate.
Source: SL 1961, ch 46, § 1; SDCL, § 23-58-1; SL 1978, ch 186, § 2; SL 1992, ch 177, § 2; SL 2002, ch 123, § 1.
24-13-2. Terms of board members--Vacancies--Training.
The members of the board shall serve for terms of four years. Members are eligible for reappointment. The Governor, the attorney general, and the Supreme Court each shall appoint three members, whose terms shall expire on the third Monday in January of the fourth year after appointment. Each member shall serve until a successor takes office as provided by law. In case of a vacancy, the appointing power shall make an interim appointment to expire at the end of the next legislative session. Each member of the board shall complete annual training developed in consideration of information from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association and shall be compensated for the training at a rate to be determined by the Department of Corrections. Each first-time appointee of the board shall, within sixty days of appointment, complete training for first-time parole board members developed in consideration of information from the National Institute of Corrections, the Association of Paroling Authorities, or the American Probation and Parole Association. Training components shall include the use of a validated risk and needs assessment and the use of data guided by evidence-based practices for making parole decisions.
Source: SL 1961, ch 46, § 1; SDCL § 23-58-1; SL 1978, ch 186, § 3; SL 1992, ch 177, § 3; SL 2002, ch 123, § 2; SL 2013, ch 101, § 34.
24-13-3. Direction and supervision of Board of Pardons and Paroles--Records and reports--Coordination of programs.
The Board of Pardons and Paroles shall be administered under the direction and supervision of the Department of Corrections but shall retain the quasi-judicial, quasi-legislative, advisory, and other nonadministrative functions otherwise vested in it, and shall exercise those functions independently of the Department of Corrections. The Board of Pardons and Paroles shall submit records, information, and reports in the form and at such times as required by the secretary of corrections, except that the Board of Pardons and Paroles shall report at least annually. The Board of Pardons and Paroles shall also coordinate programs under its jurisdiction with related programs under the jurisdiction of the Department of Corrections.
Source: SL 1973, ch 2, § 85; SL 1977, ch 198, § 13; SDCL Supp, § 23-58-1.1; SL 1978, ch 186, § 1; SL 1989, ch 20, § 169.
24-13-4. Chair of board--Meetings.
At the first meeting in each year, the board shall select one of its members as chair. The board shall meet at the times and places prescribed by its rules and whenever called together by the chair.
Source: SL 1961, ch 46, §§ 1, 3; SDCL, § 23-58-4; SL 1978, ch 186, § 7; SL 1979, ch 164, § 1; SL 1990, ch 183, § 1; SL 1992, ch 177, § 5; SL 2004, ch 168, § 41.
24-13-4.1. Quorum.
A majority of the members shall constitute a quorum for official administrative business.
Source: SL 1992, ch 177, § 6.
24-13-5. Compensation and expenses of board members.
Each member of the Board of Pardons and Paroles shall receive compensation and expense reimbursement set pursuant to § 4-7-10.4 for attending meetings or performing duties of the board.
Source: SL 1961, ch 46, § 1; SDCL, § 23-58-2; SL 1978, ch 186, § 4.
24-13-6. Meetings at department facilities to consider clemency and paroles--Facilities--Cooperation by penitentiary personnel.
The Board of Pardons and Paroles shall meet in open session at facilities provided by the Department of Corrections at least every three months to hear applications for parole, to grant the privilege of parole to deserving inmates, for the discussion and adoption of policy, for revocation and recension decisions, to review agenda items and upon request of the Governor, make recommendation for pardon, commutation, reprieve, or remission of fines or forfeitures. A properly furnished room shall be made available by the Department of Corrections for hearings before the board. All officers and employees of the Department of Corrections shall at all times cooperate with the Board of Pardons and Paroles and the executive director of the board, give access to all inmates, and furnish such information as the board or the director may request pertaining to the performance of their duties. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner.
Source: SL 1961, ch 46, § 3; SDCL, § 23-58-5; SL 1978, ch 186, § 8; SL 1985, ch 205, § 2; SL 1989, ch 20, § 171; SL 1992, ch 177, § 12.
24-13-7. Procedural rules of board--Consideration in granting or denying parole.
Pursuant to chapter 1-26, the Board of Pardons and Paroles may promulgate procedural rules for the effective enforcement of chapters 24-13 to 24-15, inclusive, and for the exercise of powers and duties conferred upon it. Additionally, the Board of Pardons and Paroles may utilize the following standards in granting or denying paroles or in assisting inmates in an assessment of their rehabilitation needs:
(1) The inmate's personal and family history;
(2) The inmate's attitude, character, capabilities, and habits;
(3) The nature and circumstances of the inmate's offense;
(4) The number, nature, and circumstances of the inmate's prior offenses;
(5) The successful completion or revocation of previous probation or parole granted to the inmate;
(6) The inmate's conduct in the institution, including efforts directed towards self-improvement;
(7) The inmate's understanding of his or her own problems and the willingness to work towards overcoming them;
(8) The inmate's total personality as it reflects on the possibility that the inmate will lead a law-abiding life without harm to society;
(9) The inmate's family and marital circumstances and the willingness of the family and others to help the inmate upon release on parole from the institution;
(10) The soundness of the parole program and whether it will promote the rehabilitation of the inmate;
(11) The inmate's specific employment and plans for further formal education or training;
(12) The inmate's plan for additional treatment and rehabilitation while on parole;
(13) The effect of the inmate's release on the community;
(14) The effect of the inmate's release on the administration of justice; and
(15) The effect of the inmate's release on the victims of crimes committed by the inmate.
Neither this section or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner.
Source: SL 1961, ch 46, § 4; SDCL, § 23-58-7; SL 1978, ch 186, § 11; SL 1985, ch 205, § 3; SL 2004, ch 168, § 46.
24-13-8. Board process for witnesses and evidence--Administration of oaths.
The Board of Pardons and Paroles may issue process requiring the presence of any person before it and require the production of papers, records, and exhibits in any matter pending before it. Any member of the board may administer oaths to witnesses appearing before it.
Source: SL 1961, ch 46, § 5; SDCL, § 23-58-8; SL 1978, ch 186, § 12.
24-13-9. Appointment and salary of executive director.
The secretary of corrections, after consulting with the Board of Pardons and Paroles, shall appoint an executive director for the Board of Pardons and Paroles to serve at the secretary's pleasure, who shall receive an annual salary fixed by the secretary.
Source: SL 1961, ch 46, § 2; SDCL, § 23-58-3; SL 1978, ch 186, § 5; SL 1989, ch 20, § 170; SL 1992, ch 177, § 13.
24-13-10. Duties of executive director.
The executive director shall:
(1) Keep minutes of all proceedings of the Board of Pardons and Paroles, keep a record of every application for a pardon, commutation, reprieve, or remission of a fine or forfeiture filed with the board and of all findings of the board and the disposition of each application;
(2) Transmit to the Governor a copy of the board's recommendation for any pardon, commutation, reprieve, or remission of a fine or forfeiture, together with related papers and exhibits;
(3) Keep a record of all paroles granted;
(4) Keep all files, accounts, and records of the board;
(5) Transmit the decisions and orders of the board to the Department of Corrections such that the department may fulfill its duties in supervising parolees;
(6) Cooperate and coordinate with any employee of the Department of Corrections designated by the secretary to supervise parolees;
(7) Supervise all administrative staff of the Board of Pardons and Parolees; and
(8) Perform such other duties as the board and the secretary may prescribe.
Source: SL 1961, ch 46, § 2; SDCL, § 23-58-6; SL 1978, ch 186, § 10; SL 1989, ch 20, § 172; SL 1992, ch 177, § 14.
24-13-11. Hearings by teleconference--Electronic document transfer.
The Board of Pardons and Paroles may conduct hearings by teleconference during a regularly scheduled hearing. The board may receive documentary evidence via facsimile machines or other electronic means of document transfer.
Source: SL 1990, ch 183, § 2; SL 1992, ch 177, § 15; SL 1997, ch 148, § 1; SL 2001, ch 125, § 1; SL 2012, ch 137, § 4.
24-13-12. Inapplicability of certain evidence rules.
The provisions of articles I to IV, inclusive, and articles VI to XI, inclusive, of chapter 19-19 do not apply in proceedings before the Board of Pardons and Paroles.
Source: SL 2009, ch 127, § 1.
24-13-13. Former board member service as auxiliary member.
A former member of the Board of Pardons and Paroles is eligible, upon the request of the chair of the Board of Pardons and Paroles, to serve as an auxiliary member for a period of four years following the former member's service on the board. An auxiliary member has the same statutory powers and privileges, unless otherwise excluded pursuant to §§ 24-13-14 to 24-13-16, inclusive, as a member of the Board of Pardons and Paroles. Service as an auxiliary member does not require appointment pursuant to § 24-13-1.
Source: SL 2015, ch 144, § 1.
24-13-14. Restrictions on service of auxiliary member.
No more than one auxiliary member may serve on a single hearing panel pursuant to § 24-15A-10. No auxiliary member may serve as a hearing officer pursuant to § 24-15A-9.
Source: SL 2015, ch 144, § 2.
24-13-15. Maximum number of members conducting hearing or taking action.
The Board of Pardons and Paroles may not have more than nine members, including auxiliary members, conducting a hearing or taking action on a parole or clemency matter.
Source: SL 2015, ch 144, § 3.
24-13-16. Auxiliary member not to serve as chair.
No auxiliary member may serve as chair of the Board of Pardons and Paroles.
Source: SL 2015, ch 144, § 4.
24-14-1
Delegation of authority by Governor.
24-14-2
Forms of clemency.
24-14-3
Notice to prosecuting attorney, sentencing judge, attorney general, and law
enforcement of hearing for clemency.
24-14-4
Publication of notice of application for clemency.
24-14-4.1
Repealed.
24-14-5
Submission to board of applications for clemency--Governor not bound by board
recommendations.
24-14-6
Appearance before board to object to recommendation for clemency.
24-14-7
Recommendation for clemency to be in writing--Record of findings and reasons.
24-14-8
Application for exceptional pardon--Persons eligible.
24-14-9
Notice requirements on application for exceptional pardon--Reference by Governor.
24-14-10
Recommendations for exceptional pardon.
24-14-11
Effects of pardon--Disabilities removed--Records sealed--Filing of document making
pardon public--Failure to acknowledge proceedings not perjury--Prior conviction for
habitual offender law.
24-14-12
Application of § 22-14-15 to person granted pardon by Governor.
24-14-1. Delegation of authority by Governor.
The Governor may, by executive order, delegate to the Board of Pardons and Paroles the authority to hear applications for pardon, commutation, reprieve, or remission of fines and forfeitures, and to make its recommendations to the Governor.
Source: SL 1978, ch 186, § 9; SL 2004, ch 168, § 47.
24-14-2. Forms of clemency.
The term, clemency, means either a pardon, commutation, reprieve, or remission of a fine or forfeiture.
Source: SL 1978, ch 186, § 34; SL 2004, ch 168, § 48.
24-14-3. Notice to prosecuting attorney, sentencing judge, attorney general, and law enforcement of hearing for clemency.
The executive director shall notify the attorney who prosecuted the person applying for clemency, or the attorney' s successor in office, the sentencing judge, the attorney general, and the sheriff or local law enforcement agency where the offense was committed, at least thirty days prior to a hearing by the board.
Source: SDC 1939, § 13.5105; SL 1964, ch 33, § 2; SDCL, § 23-59-5; SL 1978, ch 186, § 36; SL 1988, ch 200, § 1; SL 2004, ch 168, § 49; SL 2005, ch 132, § 5.
24-14-4. Publication of notice of application for clemency.
Any applicant shall, upon notice of hearing from the board for clemency consideration, publish once each week for three consecutive weeks in one of the official newspapers designated by the county where the offense was committed, the name of the person on whose behalf the application is made, the public offense for which the person was convicted, the time of the person's conviction, and the term of imprisonment. The last publication shall be published at least twenty days before the hearing. The affidavit of the publisher of the paper showing that notice has been published shall accompany the application. This notice requirement does not apply to an applicant requesting an exceptional pardon.
Source: SDC 1939, § 13.5105; SL 1964, ch 33, § 2; SDCL, § 23-59-6; SL 1978, ch 186, § 37; SL 1988, ch 200, § 2; SL 2003, ch 140, § 2; SL 2005, ch 132, § 6.
24-14-5. Submission to board of applications for clemency--Governor not bound by board recommendations.
The Governor may submit an application for clemency to the Board of Pardons and Paroles for its recommendation. The Governor may, by executive order, delegate to the board the authority to consider applications for clemency and make recommendations to the Governor. The Governor is not bound to follow any recommendation returned by the board.
Source: SL 1978, ch 186, § 35; SL 2004, ch 168, § 50.
24-14-6. Appearance before board to object to recommendation for clemency.
Any person feeling aggrieved by an application for clemency may appear in person before the Board of Pardons and Paroles during its consideration to show cause by written or oral testimony why a recommendation for clemency should not be granted.
Source: SDC 1939, § 13.5107; SL 1964, ch 33, § 3; SDCL, § 23-59-7; SL 1978, ch 186, § 38.
24-14-7. Recommendation for clemency to be in writing--Record of findings and reasons.
Whenever the Board of Pardons and Paroles recommends clemency to the Governor, the recommendation shall be in writing. The board shall keep a record of its findings and the reasons for its recommendation.
Source: SL 1961, ch 46, § 6; SDCL, § 23-59-8; SL 1978, ch 186, § 39.
24-14-8. Application for exceptional pardon--Persons eligible.
Upon the expiration of five years following the release of an applicant from a Department of Corrections facility who was convicted of not more than one felony, which was not an offense punishable by life imprisonment, the applicant may apply to the Board of Pardons and Paroles for an exceptional pardon. If an applicant was convicted of a crime that did not result in the applicant subsequently serving a prison sentence, the applicant may apply for an exceptional pardon if at least five years have passed from the date of the applicant's offense, if the applicant was not convicted of more than one felony, and if the offense was not punishable by life imprisonment.
Source: SL 1974, ch 169, § 2; SDCL Supp, § 23-59-11; SL 1978, ch 186, § 41; SL 2005, ch 132, § 7.
24-14-9. Notice requirements on application for exceptional pardon--Reference by Governor.
Applications for exceptional pardons shall be in accordance with §§ 24-14-3 and 24-14-5. The notice requirement contained in § 24-14-4 does not apply to exceptional pardons.
Source: SL 1974, ch 169, § 3; SDCL Supp, § 23-59-12; SL 1978, ch 186, § 42; SL 2003, ch 140, § 4.
24-14-10. Recommendations for exceptional pardon.
The Board of Pardons and Paroles may recommend exceptional pardons to the Governor.
Source: SL 1974, ch 169, § 1; SDCL Supp, § 23-59-10; SL 1978, ch 186, § 40.
24-14-11. Effects of pardon--Disabilities removed--Records sealed--Filing of document making pardon public--Failure to acknowledge proceedings not perjury--Prior conviction for habitual offender law.
Any person who has been granted a pardon under the provisions of this chapter shall be released from all disabilities consequent on the person's conviction. Upon the granting of a pardon under the provisions of this chapter, the Governor shall order that all official records relating to the pardoned person's arrest, indictment or information, trial, finding of guilt, application for a pardon, and the proceedings of the Board of Pardons and Paroles shall be sealed. The Governor shall file a public document with the secretary of state certifying that the Governor has pardoned the person in compliance with the provisions of this chapter. The document shall remain a public document for five years and after five years that document shall be sealed. The receipt of any pardon, which was granted without following the provisions of this chapter, may not be sealed. The pardon restores the person, in the contemplation of the law, to the status the person occupied before arrest, indictment, or information. No person as to whom such order has been entered may be held thereafter under any provision of any law to be guilty of perjury or of giving a false statement by reason of such person's failure to recite or acknowledge such arrest, indictment, information, or trial in response to any inquiry made of such person for any purpose.
For the sole purpose of consideration of the sentence of a defendant for subsequent offenses or the determination of whether the defendant is a habitual offender under chapter 22-7 or whether the defendant has prior driving under the influence convictions pursuant to chapter 32-23, the pardoned offense shall be considered a prior conviction.
The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation. The nonpublic record shall be retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing such person for any subsequent offense and in determining whether or not, in any subsequent proceeding, the person is a habitual offender under chapter 22-7 or the determination of whether the defendant has prior driving under the influence convictions pursuant to chapter 32-23.
Source: SL 1983, ch 199, § 3; SL 2003, ch 140, § 1.
24-14-12. Application of § 22-14-15 to person granted pardon by Governor.
Notwithstanding the provisions of § 24-14-11, the provisions of § 22-14-15 continue to apply to any person granted a pardon by the Governor, unless the Governor specifies otherwise in the order granting the pardon.
Source: SL 1986, ch 203.
CHAPTER 24-15
PAROLES FROM STATE CORRECTIONAL FACILITIES
24-15-1 Files and case histories of inmates--Purposes--Access to file.
24-15-1.1 Parole defined--Prisoner not required to accept parole--No right to parole.
24-15-1.2 Prior felonies--Determination and effect on parole eligibility.
24-15-2 Contents and sources for case histories.
24-15-3 Establishment of date of parole consideration eligibility--Change--Hearing--Completion of history--Findings regarding inmate.
24-15-4 Inmate sentenced to life imprisonment ineligible for parole--Exception.
24-15-4.1 Inmate sentenced to term of imprisonment ineligible for parole--Exception--No discharge credit.
24-15-4.2 Inmate sentenced to term of imprisonment ineligible for parole--Exception--Limited discharge credit.
24-15-5 Time of eligibility for parole.
24-15-6 Effect of concurrent sentences on eligibility for parole.
24-15-7 Effect of consecutive sentences on eligibility for consideration for parole.
24-15-7.1 Effect of consecutive sentence for offense committed as an inmate.
24-15-8 Right of eligible inmate to hearing before board--Decline of parole--Waiver of hearing--Criteria for parole.
24-15-8.1 24-15-8.1 to 24-15-8.3. Repealed by SL 2014, ch 116, §§ 13 to 15.
24-15-9 Transfer of inmate to Human Services Center--Return to correctional facility.
24-15-10 Application for parole or clemency--Waiting period if denied--Period for crime of violence.
24-15-11 Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.
24-15-11.1 Substituting community service for supervision fees.
24-15-11.2 Revenue to general fund.
24-15-11.3 Promulgation of rules establishing supervision fees.
24-15-12 Clothing and travel expense for parolee.
24-15-13 Legal custody of parolee--Conviction remains in effect.
24-15-14 Supervision of parolees--Employment of personnel.
24-15-15 Out-of-state employment of parolee--Supervision by other state--State laws remaining applicable.
24-15-16 Interstate agreements for supervision and return of parolees unimpaired.
24-15-17 24-15-17, 24-15-18. Repealed by SL 1983, ch 200, §§ 1, 2
24-15-19 Powers of Department of Corrections when purposes of parole not being served.
24-15-20 Order to show cause against parole revocation--Grounds.
24-15-21 Warrant to arrest parolee or inmate--Suspension of parole supervision time--Time credited.
24-15-22 Records and report to board on return of parolee to correctional facility.
24-15-23 Preliminary hearing on parole violation--Waiver of preliminary hearing--Detention for board hearing--Waiver of appearance at revocation hearing.
24-15-23.1 Preliminary hearing on parole violation not required under certain conditions.
24-15-23.2 Failure to provide preliminary hearing prior to return to facility--Hearing required after return.
24-15-24 Revocation or modification of parole.
24-15-25 Parole of mentally ill inmate--Continuation of treatment as condition.
24-15-26 Arrest of parolee--Notification to executive director.
24-15-27 Request to modify parole agreement.
24-15-28 County expenses in detaining parole violator--Reimbursement--Limit--Timeframe--Exclusion.
24-15-29 County expenses in detaining parole violator--Reimbursement--Process.
24-15-30 Written waiver of right to hearing or appearance.
24-15-1. Files and case histories of inmates--Purposes--Access to file.
If a defendant is sentenced to a state correctional facility, the Department of Corrections shall develop a file which shall contain a complete history of that person. The executive director of the Board of Pardons and Paroles shall generate an adequate case history of each inmate of a state correctional facility to enable the executive director to make recommendations to the Board of Pardons and Paroles. The case history shall include results of risk and needs assessments of the inmate conducted by the department and other agencies as available and copies of documents relevant to supervision, treatment, and violation decisions in the inmate's prior prison, probation and parole custodies. The case history shall be transferred and kept as a permanent record of the Department of Corrections, solely for the proper supervision of the inmate by the Department of Corrections and as a guide to the inmate's needs. Except for the information authorized for release pursuant to § 24-2-20, no person other than members of the Board of Pardons and Paroles, its executive director, the secretary of corrections, or any person specifically delegated for such access by the secretary of corrections, may inspect such file unless otherwise ordered by a circuit court or subpoena after notice to the secretary of corrections and an opportunity for a hearing on any objections to inspection. The secretary shall have ten days after receipt of the notice to inform the court if the secretary requests a hearing.
Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1964, ch 33, § 6; SDCL §§ 23-57-11, 23-60-1, 23-60-2; SL 1977, ch 198, § 11; SL 1978, ch 186, § 16; SL 1987, ch 13, § 2; SL 1989, ch 20, § 173; SL 1991, ch 209, § 1; SL 1992, ch 177, § 16; SL 2001, ch 118, § 2; SL 2004, ch 168, § 51; SL 2011, ch 127, § 1; SL 2013, ch 101, § 30; SL 2023, ch 82, § 80.
24-15-1.1. Parole defined--Prisoner not required to accept parole--No right to parole.
Parole is the discretionary conditional release of an inmate from actual state correctional facility custody before the expiration of the inmate's term of imprisonment. The prisoner remains an inmate under the legal custody of the Department of Corrections until the expiration of the inmate's term of imprisonment. A prisoner is not required to accept a conditional parole. A prisoner is never entitled to parole. However, parole may be granted if in the judgment of the Board of Pardons and Paroles granting a parole would be in the best interests of society and the prisoner.
Neither this section or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner.
Source: SL 1985, ch 205, § 1; SL 1989, ch 20, § 174; SL 2004, ch 168, § 52; SL 2023, ch 82, § 81.
24-15-1.2. Prior felonies--Determination and effect on parole eligibility.
The determination of whether a prior offense is a felony for the purposes of this chapter shall be determined by whether it is a felony under the laws of this state, any other state, or the United States at the time of conviction of the offense. Any felony conviction in this state, any other state, or the United States shall be considered to determine parole eligibility under §§ 24-15-4 and 24-15-5.
Source: SL 1986, ch 204.
24-15-2. Contents and sources for case histories.
The executive director of the Board of Pardons and Paroles in preparing each case history shall:
(1) Adopt and implement a procedure by which a report shall be completed to contain the life history of each inmate;
(2) Receive from the Department of Corrections a copy of the true record of each inmate which specifies each infraction of rules and the disciplinary action taken; and
(3) Enlist the services of any sheriff, state's attorney, circuit judge, or other officer who may have knowledge concerning each inmate, or circumstances surrounding the commission of the crime for which the inmate was sentenced, or the inmate's previous history.
Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1964, ch 33, § 6; SDCL, § 23-60-3; SL 1978, ch 186, § 17; SL 1992, ch 177, § 17; SL 2004, ch 168, § 53.
24-15-3. Establishment of date of parole consideration eligibility--Change--Hearing--Completion of history--Findings regarding inmate.
Whenever any person becomes an inmate of a state correctional facility, the Department of Corrections must immediately establish in the record the date when the inmate will be eligible for consideration for parole. Such consideration for a parole eligibility date is subject to change upon receipt of information regarding a change in the number of prior felony convictions or any subsequent felony convictions. Any inmate who is aggrieved by the established parole consideration eligibility date may apply for a hearing before the Board of Pardons and Paroles for a final determination of the true and correct parole consideration eligibility date. Between the date a person becomes an inmate of the state correctional facility and the date on which the person becomes eligible for consideration for parole, the department must complete the history of the inmate and must study the life, habits, previous environment, and nature of the inmate to determine the advisability of recommending the inmate for parole when the inmate becomes eligible to be considered. At least ten days before the date of eligibility the department must submit to the board the findings regarding the inmate.
Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1964, ch 33, § 6; SDCL § 23-60-4; SL 1978, ch 186, § 19; SL 1984, ch 180, § 3; SL 1986, ch 205, § 4; SL 1986, ch 206; SL 2004, ch 168, § 54; SL 2014, ch 116, § 12; SL 2023, ch 82, § 82.
24-15-4. Inmate sentenced to life imprisonment ineligible for parole--Exception.
No inmate sentenced to life imprisonment is eligible for parole by the Board of Pardons and Paroles except as provided in §§ 24-15A-55 to 24-15A-68, inclusive.
Source: SDC 1939, § 13.5302; SL 1964, ch 33, § 5; SDCL § 23-60-15; SL 1978, ch 186, § 21; SL 2004, ch 168, § 55; SL 2018, ch 154, § 11.
24-15-4.1. Inmate sentenced to term of imprisonment ineligible for parole--Exception--No discharge credit.
For the purposes of this section, the term, offense, means any of the following:
(1) Manslaughter in the first degree, as defined in § 22-16-15;
(2) Kidnapping in the first degree, as defined in § 22-19-1;
(3) Rape in the first degree, as defined in § 22-22-1;
(4) Rape in the second degree, as defined in § 22-22-1;
(5) Torture of a human trafficking victim, as defined in § 22-49-5;
(6) Commission of a felony while armed with firearms, as defined in § 22-14-12;
(7) Aggravated assault against a law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer, as defined in § 22-18-1.05;
(8) Aggravated battery of an infant, as defined in § 22-18-1.4;
(9) Assault with intent to cause serious permanent disfigurement, as defined in § 22-18-1.5;
(10) Robbery in the first degree, as defined in § 22-30-6;
(11) First degree burglary, as defined in § 22-32-1;
(12) First degree arson, as defined in § 22-33-9.1; and
(13) First degree human trafficking, as defined in § 22-49-2.
An inmate convicted of and sentenced for an offense as specified in this section, for a crime committed on or after July 1, 2023, is not eligible for parole by the Board of Pardons and Paroles, except as provided in §§ 24-15A-55 to 24-15A-68, inclusive. An inmate shall serve the full term of imprisonment imposed by the court for the offense. The court shall retain the discretion to suspend a portion of the prison sentence required. If the court suspends a portion of the prison sentence, the Board of Pardons and Paroles shall supervise the suspended time and has the authority to revoke the suspended portion of the sentence for failing to follow the conditions of release.
An inmate may earn any credit for which the inmate is eligible. However, such credits may only be used for increased privileges and may not be used to reduce the sentence imposed by the court.
Source: SL 2023, ch 80, § 1.
24-15-4.2. Inmate sentenced to term of imprisonment ineligible for parole--Exception--Limited discharge credit.
For the purposes of this section, the term, offense, means any of the following:
(1) Vehicular homicide, as defined in § 22-16-41;
(2) Aggravated assault, as defined in § 22-18-1.1;
(3) Aggravated criminal battery of an unborn child, as defined in § 22-18-1.3;
(4) Kidnapping in the second degree, as defined in § 22-19-1.1;
(5) Second degree burglary, as defined in § 22-32-3;
(6) Riot, as defined in § 22-10-1;
(7) Manslaughter in the second degree, as defined in § 22-16-20;
(8) Second degree human trafficking, as defined in § 22-49-3;
(9) Felony child abuse, as defined in § 26-10-1; and
(10) Attempt to commit, or a conspiracy to commit, or a solicitation to commit any offense enumerated in § 24-15-4.1.
An inmate convicted of and sentenced for an offense as specified in this section, for a crime committed on or after July 1, 2023, is not eligible for parole by the Board of Pardons and Paroles except as provided in §§ 24-15A-55 to 24-15A-68, inclusive. An inmate shall serve the full term of imprisonment imposed by the court for the offense. The court shall retain the discretion to suspend a portion of the prison sentence required. If the court suspends a portion of the prison sentence, the Board of Pardons and Paroles shall supervise the suspended time and has the authority to revoke the suspended portion of the sentence for failing to follow the conditions of release.
An inmate may earn any credit for which the inmate is eligible. However, such credits may only be used for increased privileges and may not be used to reduce the sentence imposed by the court, except as otherwise provided in this section.
Discharge credits earned pursuant to §§ 24-15A-50 and 24-15A-50.1 may be used to reduce an inmate's sentence by up to fifteen percent of the sentence imposed by the court that the inmate must serve before becoming eligible for release on parole. Discharge credits may not be used to alter the inmate's sentence expiration date.
Source: SL 2023, ch 80, § 2.
24-15-5. Time of eligibility for parole.
An inmate is eligible for parole, subject to § 24-15-4, after deducting from the inmate's sentence the statutory time granted for good conduct pursuant to § 24-5-1:
(1) If convicted of a felony for the first time, when the inmate has served one-fourth of the time remaining;
(2) If convicted of a felony for the second time, when the inmate has served three-eighths of the time remaining; or
(3) If convicted of a felony three or more times, when the inmate has served one-half of the time remaining.
Source: SDC 1939, § 13.5301; SL 1939, ch 34; SL 1964, ch 33, § 4; SDCL, §§ 23-60-6 to 23-60-9; SL 1975, ch 174, § 1; SL 1978, ch 186, § 20; SL 1988, ch 196, § 2; SL 2004, ch 168, § 56.
24-15-6. Effect of concurrent sentences on eligibility for parole.
In the determination of an inmate's eligibility for parole, two or more convictions arising from the same transaction, for which the sentences are made to run concurrently, shall be considered as one conviction. Two or more sentences arising from different transactions for which the sentences are made to run concurrently shall be considered as separate convictions.
Source: SDC 1939, § 13.5301 as added by SL 1939, ch 34; SL 1964, ch 33, § 4; SDCL, § 23-60-10; SL 1978, ch 186, § 22.
24-15-7. Effect of consecutive sentences on eligibility for consideration for parole.
In the determination of an inmate's eligibility for consideration for parole, two or more convictions arising from the same transaction, for which the sentences are made to run consecutively, shall be considered as one conviction. Two or more sentences arising from different transactions for which the sentences are made to run consecutively shall be considered as separate convictions. In determining the eligibility date for a person receiving two or more sentences which are made to run consecutively, the sentences shall be added together and the total number of convictions shall then determine the total amount of time to be served before becoming eligible for consideration for parole subject to the provisions of § 24-15-5.
Source: SL 1978, ch 186, § 23; SL 1983, ch 199, § 2; SL 1986, ch 207.
24-15-7.1. Effect of consecutive sentence for offense committed as an inmate.
Any person convicted of a felony while an inmate under the custody of the Department of Corrections and for which the sentence is made to run consecutively is not eligible for consideration for parole until serving the last of all such consecutive sentences. In such cases the parole consideration eligibility date shall be established subject to the provisions of subdivisions 24-15-5(2) and (3).
Source: SL 1984, ch 180, § 4; SL 2023, ch 82, § 83.
24-15-8. Right of eligible inmate to hearing before board--Decline of parole--Waiver of hearing--Criteria for parole.
When an inmate becomes eligible for consideration for parole, the inmate is entitled to a hearing with the Board of Pardons and Paroles to present the inmate's application for parole. An inmate may decline parole consideration and waive the right to a hearing. The board may issue an order to the Department of Corrections that the inmate shall be paroled if it is satisfied that:
(1) The inmate has been confined in a state correctional facility for a sufficient length of time to accomplish the inmate's rehabilitation;
(2) The inmate will be paroled under the supervision and restrictions provided by law for parolees, without danger to society; and
(3) The inmate has secured suitable employment or beneficial occupation of the inmate's time likely to continue until the end of the period of the inmate's parole in some suitable place within or without the state where the inmate will be free from criminal influences.
Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner.
Source: SDC 1939, §§ 13.5301, 13.5302; SL 1939, ch 34; SDC Supp 1960, § 13.5304; SL 1955, ch 31, § 2; SL 1957, ch 36, § 2; SL 1964, ch 33, §§ 4 to 6; SDCL §§ 23-60-11, 23-60-12, 23-60-14; SL 1978, ch 186, § 24; SL 1985, ch 205, § 4; SL 1986, ch 208; SL 1992, ch 177, § 18; SL 2002, ch 124, § 1; SL 2012, ch 137, § 5; SL 2023, ch 82, § 84.
24-15-9. Transfer of inmate to Human Services Center--Return to correctional facility.
The Board of Pardons and Paroles may order the Department of Corrections to transfer any inmate to the Human Services Center. The director of the human services center shall notify the Department of Corrections when the inmate is ready to be transferred back to the state correctional facility. Upon receipt of the notice, the Department of Corrections shall within five days bring the inmate back to the state correctional facility.
Source: SL 1967, ch 31; SDCL, §§ 23-60-28 to 23-60-30; SL 1978, ch 186, § 15; SL 1992, ch 177, § 20; SL 2023, ch 82, § 85.
24-15-10. Application for parole or clemency--Waiting period if denied--Period for crime of violence.
If an inmate's application for parole is denied, the inmate may not again present an application before the board for a period of eight months. A continuance of an application for parole is not a denial. An application for clemency may not be heard for one year after the date of the judgment. If an application for clemency is denied, an inmate may not again present an application for clemency for a period of one year. If an application for clemency is denied for an inmate convicted of a crime of violence, as defined in subdivision 22-1-2(9), and sentenced to life imprisonment, the inmate may not again present an application for clemency for a period of four years.
Source: SL 1978, ch 186, § 25; SL 1985, ch 205, § 5; SL 2004, ch 168, § 59; SL 2024, ch 96, § 2.
24-15-11. Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.
The board may place reasonable restrictions upon a parolee which are designed to continue the parolee's rehabilitation. The board and the department may require the parolee to post a bond to assure the parolee's appearance and compliance with the conditions and restrictions of parole. The board, upon granting parole, shall require the implementation of a restitution plan and payment of supervision fees, if reasonably possible. The prior obligations of child support and restitution payments take precedence over collection of supervision fees. All restrictions shall be in writing, and the agreement shall be signed by the parolee.
Source: SDC 1939, § 13.5307; SL 1955, ch 31, § 5; SL 1957, ch 36, § 3; SL 1964, ch 33, § 8; SDCL § 23-60-17; SL 1978, ch 186, § 26; SL 1986, ch 196, § 6; SL 1997, ch 149, § 1; SL 2010, ch 133, § 1.
24-15-11.1. Substituting community service for supervision fees.
The Board of Pardons and Paroles and the Department of Corrections may allow inmates required to pay supervision fees pursuant to § 24-15-11 or 24-15A-24 to substitute community service work hours for supervision fees.
Source: SL 1997, ch 149, § 3.
24-15-11.2. Revenue to general fund.
Any revenue collected pursuant to §§ 24-15-11 and 24-15A-24 as supervision fees shall be deposited in the state general fund.
Source: SL 1997, ch 149, § 4; SL 1998, ch 154, § 1.
24-15-11.3. Promulgation of rules establishing supervision fees.
The Department of Corrections may promulgate rules, pursuant to chapter 1-26, to establish supervision fee rates to be imposed pursuant to §§ 24-15-11 and 24-15A-24.
Source: SL 1997, ch 149, § 6.
24-15-12. Clothing and travel expense for parolee.
When the Board of Pardons and Paroles grants a parole to an inmate, the Department of Corrections shall provide the parolee, if not already provided for, with necessary clothing not exceeding a cost of one hundred dollars, with necessary traveling expenses not exceeding fifty dollars, and with transportation to the county of commitment or an equivalent distance.
Source: SDC 1939, § 13.5309; SL 1964, ch 33, § 9; SDCL, § 23-60-24; SL 1978, ch 186, § 27; SL 1992, ch 177, § 21; SL 2004, ch 168, § 60.
24-15-13. Legal custody of parolee--Conviction remains in effect.
Each parolee shall at all times be considered confined, in the legal custody of the Department of Corrections, and shall remain under conviction for the crime for which the parolee was convicted and sentenced.
Source: SDC 1939, § 13.5306; SL 1964, ch 33, § 7; SDCL, § 23-60-21; SL 1978, ch 186, § 28; SL 1992, ch 177, § 22; SL 2004, ch 168, § 61.
24-15-14. Supervision of parolees--Employment of personnel.
The Department of Corrections shall exercise supervision over all paroled prisoners. The secretary of corrections shall employ or appoint officers and employees, pursuant to chapter 3-6D, as may be necessary to accomplish the proper supervision of parolees, persons on parole under a suspended sentence, and inmates on work release or extended confinement pursuant to §§ 24-2-25 and 24-2-27.
Source: SL 1961, ch 46, § 8; SDCL § 23-58-10; SL 1977, ch 198, § 14; SL 1978, ch 186, § 6; SL 1987, ch 13, § 3; SL 1989, ch 20, § 175; SL 2018, ch 12, § 9; SL 2018, ch 151, § 1.
24-15-15. Out-of-state employment of parolee--Supervision by other state--State laws remaining applicable.
The Board of Pardons and Paroles may, in the board's discretion, permit a parolee to leave this state and go to any other state, if satisfied that suitable employment or beneficial occupation of the parolee's time has been secured in the other state where the parolee will be free from criminal influences, and that a parole agency or department of the other state will undertake supervision of the parolee within the other state in conformity with the laws of South Dakota relating to parolees. The parolee is subject to all the laws of South Dakota relating to parolees, in the same manner and to the same extent as if the parolee had not been permitted to leave this state.
Source: SDC 1939, § 13.5301; SL 1939, ch 34; SL 1964, ch 33, § 4; SDCL, § 23-60-13; SL 1978, ch 186, § 29; SL 1987, ch 13, § 4; SL 2004, ch 168, § 62.
24-15-16. Interstate agreements for supervision and return of parolees unimpaired.
Nothing in this chapter affects the authority of the Governor to enter into compacts with other states, through their duly constituted authorities, for reciprocal supervision of persons placed on probation or released on parole and for the reciprocal return of such persons to the contracting states for violation of the terms of their parole or probation.
Source: SL 1978, ch 186, § 18; SL 2004, ch 168, § 63.
24-15-19. Powers of Department of Corrections when purposes of parole not being served.
If the purposes or objects of parole are not being served, the Department of Corrections and its parole agents may use any necessary means to establish discipline, arrest, or take custody and control of the parolee pending the issuance of a warrant of arrest by the executive director.
Source: SL 1978, ch 186, § 32; SL 1987, ch 13, § 5; SL 1989, ch 20, § 176.
24-15-20. Order to show cause against parole revocation--Grounds.
The executive director of the Board of Pardons and Paroles may issue an order to show cause why parole should not be revoked whenever the executive director or the board is satisfied that:
(1) A parolee is violating or has violated the regulations or restrictions placed upon the parolee by the board;
(2) A parolee has failed to report to his or her assigned parole agent;
(3) A parolee has failed to answer inquiries made by a parole agent; or
(4) The purposes or objects of parole are not being served.
Source: SL 1978, ch 186, § 30; SL 1987, ch 13, § 6; SL 2004, ch 168, § 64.
24-15-21. Warrant to arrest parolee or inmate--Suspension of parole supervision time--Time credited.
If the chair of the Board of Pardons and Parole is satisfied that any provision of § 24-15-20 or 24-15A-27 has been violated or an inmate under parole supervision in the community has escaped, the executive director of the Board of Pardons and Parole may issue a warrant approved by the chair or a designee of the Board of Pardons and Parole to the Department of Corrections, a law enforcement officer, or parole agent directing that the parolee or inmate named be arrested. Pursuant to the provisions of § 24-15-23, the parolee may be returned to the state correctional facility. Upon the issuance of the warrant, the running of the parole supervision time shall be suspended until the board has entered a final order on the revocation. The board shall credit the inmate with time spent in custody as a direct result of the parole violation.
Source: SDC 1939, §§ 13.5306, 13.5307; SL 1955, ch 31, §§ 4, 5; SL 1964, ch 33, §§ 7, 8; SDCL §§ 23-60-22, 23-60-23; SL 1978, ch 186, § 31; SL 1986, ch 209; SL 1987, ch 13, § 7; SL 1992, ch 177, § 25; SL 2018, ch 151, § 2; SL 2023, ch 82, § 86.
24-15-22. Records and report to board on return of parolee to correctional facility.
Immediately upon the return of a parolee to the state correctional facility, the supervising agent shall immediately furnish to the Board of Pardons and Paroles the permanent records and a report containing all the facts connected with the return of the parolee.
Source: SDC 1939, § 13.5306; SL 1955, ch 31, § 4; SL 1964, ch 33, § 7; SDCL, § 23-60-23; SL 1978, ch 186, § 33; SL 1987, ch 13, § 8; SL 2023, ch 82, § 87.
24-15-23. Preliminary hearing on parole violation--Waiver of preliminary hearing--Detention for board hearing--Waiver of appearance at revocation hearing.
Subject to the provisions of §§ 24-15-23.1 and 24-15-23.2, within ten working days of the arrest of the parolee, a preliminary hearing must be held. The preliminary hearing must be held before an independent hearing officer to determine if there is probable cause to believe that the parolee has violated the terms and conditions of the parolee's parole status. The parolee has the right to waive this preliminary hearing at any time after the order for arrest has been issued by the executive director of the Board of Pardons and Paroles. If probable cause is found to exist, the parolee is to be returned to the state correctional facility, there to be held, for a hearing to be held before the Board of Pardons and Paroles to determine whether the parole should be revoked. If the parolee wishes to admit to an alleged violation of conditions of parole, the parolee may waive an appearance at the revocation hearing with the board.
Source: SL 1978, ch 186, § 31; SL 2002, ch 124, § 2; SL 2004, ch 170, § 1; SL 2012, ch 137, § 6; SL 2023, ch 82, § 88.
24-15-23.1. Preliminary hearing on parole violation not required under certain conditions.
A preliminary hearing as provided for in § 24-15-23 is not required if:
(1) The parolee is under arrest and being held on an order issued by a jurisdiction other than the Board of Pardons and Paroles;
(2) The parolee left the state or other approved jurisdiction without authorization and was apprehended outside of that jurisdiction; or
(3) The parolee was convicted of a felony or misdemeanor in a South Dakota court or a court of another state or a federal court.
Source: SL 2004, ch 170, § 2.
24-15-23.2. Failure to provide preliminary hearing prior to return to facility--Hearing required after return.
If a preliminary hearing under § 24-15-23 is required and a parolee fails to receive a preliminary hearing prior to the parolee's return to a Department of Corrections facility, the parolee shall receive a preliminary hearing within ten working days of the parolee's return to a Department of Corrections facility.
Source: SL 2004, ch 170, § 3.
24-15-24. Revocation or modification of parole.
If the Board of Pardons and Paroles is satisfied that any provision of § 24-15-20 has been violated, it may revoke the parole and reinstate the terms of the original sentence and conviction or it may modify conditions of parole and restore parole status. In addition, the board may order the reduction of time in full or in part for good conduct granted under § 24-5-1 and withdraw time granted toward a partial early final discharge. If the board does not find that the provisions of § 24-15-20 have been violated, the board may restore the parolee to the original or modified terms and conditions of parole.
Source: SDC 1939, § 13.5307; SL 1955, ch 31, § 5; SL 1957, ch 36, § 3; SL 1964, ch 33, § 8; SDCL § 23-60-22; SL 1978, ch 186, § 31; SL 1983, ch 201; SL 1986, ch 210; SL 2004, ch 168, § 65; SL 2011, ch 128, § 7.
24-15-25. Parole of mentally ill inmate--Continuation of treatment as condition.
If the Board of Pardons and Paroles considers an inmate sentenced pursuant to § 23A-27-38 for parole, the board shall consult with the treating facility at which the inmate is being treated or from which the inmate has been discharged concerning the information required by § 23A-27-39. If the inmate is placed on parole by the board, treatment recommended by the treating facility shall be made a condition of parole. An inmate's failure to continue treatment, except by agreement of the treating facility and the board, is basis for commencing a parole revocation hearing and grounds for parole revocation.
Source: SL 1983, ch 174, § 20; SL 1992, ch 177, § 26.
24-15-26. Arrest of parolee--Notification to executive director.
If the Department of Corrections and its parole agents arrest or take a parolee into custody, the executive director shall be notified of the action and the cause for the action.
Source: SL 1992, ch 177, § 23.
24-15-27. Request to modify parole agreement.
If the parolee, the Department of Corrections, or the agent wish to modify board-ordered terms, conditions, restrictions, and requirements contained within a parolee's parole agreement, the request shall be forwarded to the executive director for submission to a panel or board. No board-ordered terms, conditions, restrictions, or requirements in a parole agreement may be modified without the concurrence of two board members.
Source: SL 1992, ch 177, § 24; SL 2004, ch 171, § 1.
24-15-28. County expenses in detaining parole violator--Reimbursement--Limit--Timeframe--Exclusion.
The state shall reimburse any county of this state for expenses the county incurs for the detention of a parolee pursuant to §§ 24-15-19 and 24-15-21. The reimbursement may not exceed ninety-five dollars per day. Upon receipt of the bill, the state shall make reimbursement within thirty days. No county may be reimbursed by the state for costs incurred from detaining a parolee held for criminal charges unrelated to the parolee's current conviction and sentence.
Source: SL 1994, ch 191, § 1; SL 1999, ch 130, § 1; SL 2014, ch 120, § 2; SL 2023, ch 81, § 1.
24-15-29. County expenses in detaining parole violator--Reimbursement--Process.
In order to obtain reimbursement pursuant to § 24-15-28, the chair of the board of county commissioners of the county shall present a claim on a voucher to be approved by the secretary of corrections for detention expenses paid by the county, not to exceed ninety-five dollars per day. When the voucher is presented to the state auditor, the state auditor shall examine it and if the claim is just and valid, the state auditor shall issue a warrant for payment to be made from funds appropriated for that purpose, and the state treasurer shall then pay the sum to the treasurer of the county.
Source: SL 1994, ch 191, § 2; SL 2004, ch 168, § 66; SL 2014, ch 120, § 1; SL 2023, ch 81, § 2.
24-15-30. Written waiver of right to hearing or appearance.
A request for waiver of a right to a parole hearing or an appearance at a parole hearing pursuant to § 24-15-8, 24-15-23, 24-15A-39, or 24-15A-41 shall be submitted in writing to the Board of Pardons and Paroles by the inmate or parolee.
Source: SL 2002, ch 124, § 5; SL 2012, ch 137, § 7; SL 2021, ch 112, § 1.
CHAPTER 24-15A
ADULT STATE CORRECTIONAL PAROLE SYSTEM
24-15A-1 Application of chapter.
24-15A-2 Definition of terms.
24-15A-3 Crimes committed after July 1, 1996.
24-15A-4 Repealed.
24-15A-5 Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record.
24-15A-6 Sentence discharge dates--Jurisdiction over inmate.
24-15A-7 Status of inmate upon discharge--Certificate to inmate upon discharge or parole--Mailing to clerk of court.
24-15A-8 Early final discharge--Certificate of discharge.
24-15A-8.1 Partial early final discharge.
24-15A-9 Designation of hearing officers--Written recommendation.
24-15A-10 Designation of panels to conduct hearings--Final action.
24-15A-11 Parole and clemency--Concurrence by panel or board.
24-15A-11.1 Appeal of panel's decisions--Authority of panel.
24-15A-11.2 Review of denial of pardon recommendation.
24-15A-12 Parole hearings.
24-15A-13 Duties of executive director of board.
24-15A-14 File containing history of inmate--Purposes--Access to file.
24-15A-15 Parole.
24-15A-16 Determination of whether prior offense constitutes felony--Effect of determination.
24-15A-16.1 Suspended imposition of sentence--Effect on parole eligibility.
24-15A-17 Preparation for parole hearing.
24-15A-18 Concurrent sentencing--Determination of initial parole date.
24-15A-19 Consecutive sentencing--Determination of initial parole date.
24-15A-20 Consecutive sentencing--Parole eligibility.
24-15A-21 Repealed by SL 2012, ch 137, § 3.
24-15A-22 24-15A-22. Repealed by SL 2014, ch 116, § 16.
24-15A-23 Application for clemency--Waiting period if denied--Period for crime of violence.
24-15A-23.1 Eligibility for clemency.
24-15A-24 Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.
24-15A-25 Parolee release--Necessities.
24-15A-26 Parolee release to other state--Supervision.
24-15A-27 Show cause parole revocation order.
24-15A-28 Revocation or modification of parole.
24-15A-29 Discretionary parole date on revocation--Conditions--Discretionary hearings.
24-15A-29.1 Parole date on revocation prior to release.
24-15A-30 Parole release of inmate requiring treatment.
24-15A-31 Modification of parole agreement.
24-15A-32 Department's establishment of initial parole date--Calculation of parole date--Certain crimes deemed violent for purposes of parole--Minimum time to be served--Parole eligibility.
24-15A-32.1 Withholding of parole eligibility of sex offender based upon history, treatment, and risk factors.
24-15A-33 Change in initial parole date.
24-15A-34 Individual program directives for inmates.
24-15A-35 Notification of inmate's substantive compliance, noncompliance, or undetermined compliance with program directive.
24-15A-36 Inmate to submit parole release plan.
24-15A-37 Parole agreement on conditions of supervision.
24-15A-38 Inmate release to parole supervision--Conditions.
24-15A-39 Hearing to determine compliance with parole release standards--Waiver of appearance--Determinations of board--Discretionary hearings.
24-15A-40 Right of review.
24-15A-41 Subsequent parole after hearing.
24-15A-41.1 Parole of inmate to custody of another state or federal jurisdiction.
24-15A-42 Procedural rules--Parole release standards.
24-15A-43 Repealed by SL 2012, ch 138, § 1.
24-15A-44 Effect of validity of chapter.
24-15A-45 Evidence-based practices targeting parolee's criminal risk and need factors.
24-15A-46 Training on evidence-based practices and criminal risk factors.
24-15A-47 Report on implementation of supervision practices and training.
24-15A-48 Response to violation of supervision conditions.
24-15A-49 Report of graduated sanction.
24-15A-50 Award of earned discharge credits.
24-15A-50.1 Additional earned discharge credits.
24-15A-51 Report of eligibility for award of discharge credits.
24-15A-52 Review of ineligibility determination.
24-15A-53 Report of parolees qualifying for earned discharge credits.
24-15A-54 Transfer to administrative financial accountability system.
24-15A-55 Eligibility for compassionate parole.
24-15A-56 Referral for compassionate parole hearing.
24-15A-57 Factors for consideration in determining grant or denial of compassionate parole.
24-15A-58 Release plan to ensure health care expenses will be paid by inmate or third party payer.
24-15A-59 Grant or denial of compassionate parole--Reconsideration--Removal from consideration.
24-15A-60 Inmate who reaches parole eligibility date or initial parole date not eligible for compassionate parole.
24-15A-61 Inmate granted compassionate parole subject to statutory requirements.
24-15A-62 Due process interest in compassionate parole not created--Decision of board final.
24-15A-63 Extended confinement.
24-15A-64 Promulgation of rules regarding compassionate parole.
24-15A-65 Inmate on compassionate parole ineligible for earned discharge credits.
24-15A-66 Effect of revocation of compassionate parole.
24-15A-67 Conditions of compassionate parole.
24-15A-68 Compassionate parole requirements not applicable to paroled inmate who reached initial parole date or parole eligibility date.
24-15A-1. Application of chapter.
The provisions of this chapter do not apply to persons sentenced to prison for crimes committed prior to July 1, 1996, except the provisions in §§ 24-15A-18 and 24-15A-19 involving multiple sentences occurring both prior and subsequent to the enactment of this chapter and the provisions of §§ 24-15A-8.1, 24-15A-9, 24-15A-10, 24-15A-11, 24-15A-11.1, 24-15A-31, 24-15A-37, 24-15A-40, 24-15A-41.1, 24-15A-45, 24-15A-48, 24-15A-50, 24-15A-51, 24-15A-52, and 24-15A-54.
Source: SL 1996, ch 158, § 1; SL 2004, ch 171, § 2; SL 2005, ch 132, § 8; SL 2011, ch 128, § 4; SL 2012, ch 137, § 9; SL 2013, ch 101, § 41.
24-15A-2. Definition of terms.
Terms used in this chapter mean:
(1) "Board," the Board of Pardons and Paroles;
(2) "Department," the Department of Corrections;
(3) "Secretary," the secretary of the Department of Corrections.
Source: SL 1996, ch 158, § 1A.
24-15A-3. Crimes committed after July 1, 1996 .
The provisions of §§ 24-2-9, 24-2-12, 24-2-12.1, 24-2-12.2, 24-2-17, 24-2-18, 24-5-1, 24-5-2, 24-5-7, 24-13-6, 24-13-7, 24-13-10, 24-15-1, 24-15-1.1, 24-15-1.2, 24-15-2, 24-15-3, 24-15-5, 24-15-6, 24-15-7, 24-15-7.1, 24-15-8, 24-15-10, 24-15-11, 24-15-12, 24-15-15, 24-15-20, 24-15-24, and 24-15-25 do not apply to any person sentenced to prison for a crime committed after July 1, 1996.
Source: SL 1996, ch 158, § 2; SL 2004, ch 171, § 3; SL 2012, ch 138, § 3.
24-15A-5. Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record.
The warden shall keep a true record of the conduct of each inmate specifying in the record each infraction of the rules of discipline. Each inmate shall be notified of every entry on the inmate's record of each such infraction of the rules of discipline. The inmate shall have thirty days to challenge, by notifying the warden, the validity of the finding that the inmate committed the rule infraction or the disciplinary sanction imposed. 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. The record shall be used by the warden and board in determining the inmate's compliance with the inmate's individual program directive at the time of the inmate's initial parole date. This record may also be used by the board in the determination of discretionary parole releases.
Source: SL 1996, ch 158, § 4; SL 2009, ch 128, § 1.
24-15A-6. Sentence discharge dates--Jurisdiction over inmate.
The department must establish the sentence discharge date for each inmate based on the total sentence length, minus court ordered jail time credit. The total sentence length is the sum of imprisonment time and any suspended time. In the case of an entirely suspended state incarceration sentence under the supervision of the Department of Corrections and the Board of Pardons and Paroles pursuant to §§ 22-6-11, 23A-27-18.4, and 23A-27-19, the total sentence length is the term of imprisonment that has been suspended. Each inmate is under the jurisdiction of the department, either incarcerated or under parole release or a combination, for the entire term of the inmate's total sentence length unless the board grants an early final discharge pursuant to § 24-15A-8, a partial early final discharge pursuant to § 24-15A-8.1, the court modifies the sentence, the inmate receives earned discharge credits pursuant to § 24-15A-50 or 24-15A-50.1, the inmate receives a compliant discharge pursuant to § 16-22-29, or the sentence is commuted.
Source: SL 1996, ch 158, § 5; SL 2011, ch 128, § 2; SL 2017, ch 92, § 4; SL 2018, ch 150, § 1; SL 2018, ch 153, § 2; SL 2023, ch 82, § 90.
24-15A-7. Status of inmate upon discharge--Certificate to inmate upon discharge or parole--Mailing to clerk of court.
Whenever any inmate has been discharged under the provisions of § 24-15A-6, the inmate shall at the time of discharge be considered as restored to the full rights of citizenship. At the time of the discharge of any inmate under the provisions of this chapter, the inmate shall receive from the secretary a certificate stating that the inmate has been restored to the full rights of a citizen. If an inmate is on parole at the time the inmate becomes eligible for discharge, the secretary shall issue a like certificate, which is due notice that the inmate has been restored to the full rights of a citizen.
The secretary shall mail a copy of the certificate to the clerk of court for the county from which the inmate was sentenced.
Source: SL 1996, ch 158, § 6.
24-15A-8. Early final discharge--Certificate of discharge.
Upon recommendation of the supervising agent, the board may grant an early final discharge from supervision for a parolee or person serving a suspended sentence under supervision of the board if the board is satisfied that an early final discharge would be in the best interests of society and the inmate. At the time of early final discharge from supervision, the secretary shall issue a certificate of discharge pursuant to § 24-15A-7. An inmate is not entitled to an early final discharge. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate.
Source: SL 1996, ch 158, § 7.
24-15A-8.1. Partial early final discharge.
Upon the recommendation of the supervising agent, the board may grant a partial early final discharge for a parolee or person serving a suspended sentence under supervision of the board if the board is satisfied that a partial early final discharge would be in the best interests of society and the inmate. A partial early final discharge is a reduction of the sentence term in an amount less than the amount to discharge the inmate from supervision. A partial early final discharge shall impact the inmate's sentence discharge date pursuant to §§ 24-15A-6 and 24-5-1. There is no entitlement to a partial early final discharge. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate.
Source: SL 2011, ch 128, § 1.
24-15A-9. Designation of hearing officers--Written recommendation.
The chair of the board may designate individual parole board members as hearing officers who may conduct hearings pursuant to this chapter and chapters 24-13, 24-14, and 24-15, take testimony, and make recommendations to the board. The recommendation shall be in writing and reviewed by the board or a panel of the board who may adopt, modify, or reject the recommendations.
Source: SL 1996, ch 158, § 8; SL 2004, ch 168, § 67; SL 2005, ch 132, § 9.
24-15A-10. Designation of panels to conduct hearings--Final action.
The chair of the board may designate panels of two or more board members to conduct hearings pursuant to this chapter and chapters 24-13, 24-14, and 24-15, take testimony, and take final action.
Source: SL 1996, ch 158, § 9; SL 2004, ch 168, § 68; SL 2005, ch 132, § 10; SL 2019, ch 118, § 2.
24-15A-11. Parole and clemency--Concurrence by panel or board.
No person seen by a panel may be paroled or denied parole, recommended for clemency, nor may a person's parole be revoked or rescinded without the concurrence of two board members. No person seen by the full board may be paroled or denied parole or recommended for clemency without the concurrence of the majority of the full board.
Source: SL 1996, ch 158, § 10; SL 2005, ch 132, § 11; SL 2019, ch 118, § 3; SL 2021, ch 113, § 1.
24-15A-11.1. Appeal of panel's decisions--Authority of panel.
No decision made by a panel of two or more board members may be appealed to the Board of Pardons and Paroles. Any panel designated by the chair shall exercise the same authority and assume the same responsibilities as the full Board of Pardons and Paroles in those actions that the panel is authorized to take.
Source: SL 2005, ch 132, § 12.
24-15A-11.2. Review of denial of pardon recommendation.
A denial of a pardon recommendation by a panel shall be reviewed by the board. The board may adopt, modify, or reject the denial and recommend a pardon.
Source: SL 2019, ch 118, § 4.
24-15A-12. Parole hearings.
The board shall meet in open session at facilities provided by the department at least every three months to conduct parole hearings pursuant to §§ 24-15A-39 and 24-15A-41, for the discussion and adoption of policy, for revocation and recession decisions, to review agenda items, and upon request of the Governor, make recommendation for pardon, commutation, reprieve, or remission of fines or forfeitures. A properly furnished room shall be made available by the department for hearings before the board. All officers and employees of the department shall at all times cooperate with the board and the executive director of the board, give access to all inmates, and furnish such information as the board and the director may request pertaining to the performance of their duties.
Source: SL 1996, ch 158, § 11.
24-15A-13. Duties of executive director of board.
The executive director of the board shall:
(1) Keep minutes of all proceedings of the board, keep a record of every application for a pardon, commutation, reprieve, or remission of a fine or forfeiture filed with the board and of all findings of the board and the disposition of each application;
(2) Transmit to the Governor a copy of the board's recommendation for any pardon, commutation, reprieve, or remission of a fine or forfeiture, together with related papers and exhibits;
(3) Keep a record of all parole hearings and the results of these hearings;
(4) Keep all files, accounts, and records of the board;
(5) Transmit the decisions and orders of the board to the department such that the department may fulfill its duties in supervising parolees;
(6) Cooperate and coordinate with any employee of the department designated by the secretary to supervise parolees;
(7) Supervise all administrative staff of the board; and
(8) Perform such other duties as the board and the secretary may prescribe.
Source: SL 1996, ch 158, § 12.
24-15A-14. File containing history of inmate--Purposes--Access to file.
If a defendant is sentenced to prison, the department shall develop a file which shall contain a complete history of that person. Except for the information authorized for release pursuant to § 24-2-20, the record shall be a permanent record of the department, solely for the proper supervision of the inmate by the department and as a guide to the inmate's needs. No person other than members of the board, its executive director, the secretary, and any person specifically delegated for such access by the secretary, may inspect the file unless otherwise ordered by a circuit court or subpoena after notice to the secretary and an opportunity for a hearing on any objections to inspection. The secretary shall have ten days after receipt of the notice to inform the court if the secretary requests a hearing.
Source: SL 1996, ch 158, § 13; SL 2001, ch 118, § 3; SL 2004, ch 168, § 69; SL 2011, ch 127, § 2.
24-15A-15. Parole.
Parole is the conditional release of an inmate from actual state correctional facility custody before the expiration of the inmate's term of imprisonment. The prisoner remains an inmate under the legal custody of the department until the expiration of the inmate's term of imprisonment. A prisoner is not required to accept parole.
Source: SL 1996, ch 158, § 14; SL 2023, ch 82, § 91.
24-15A-16. Determination of whether prior offense constitutes felony--Effect of determination.
The determination of whether a prior offense is a felony for the purposes of this chapter shall be determined by whether it is a felony under the laws of this state, any other state, or the United States at the time of conviction of the offense. Any felony conviction in this state, any other state, or the United States shall be considered to determine an initial parole date under §§ 24-15-4 and 24-15A-32.
Source: SL 1996, ch 158, § 15.
24-15A-16.1. Suspended imposition of sentence--Effect on parole eligibility.
If a person receives a suspended imposition of sentence for an offense committed on or after July 1, 2008, and that offense constitutes a felony under the laws of the state, any other state, or the United States at the time of the suspension of imposition, that offense, whether or not discharge and dismissal have occurred, shall be considered a prior felony conviction for purposes of establishment of an initial parole date pursuant to this chapter. The date of the first order suspending the imposition of sentence, whether or not discharge and dismissal have occurred, shall be the date of conviction for purposes of establishment of the number of felony convictions needed to calculate an initial parole date pursuant to this chapter.
Source: SL 2008, ch 119, § 1; SL 2010, ch 134, § 2.
24-15A-17. Preparation for parole hearing.
The executive director of the board in preparing for each parole hearing shall receive from the department:
(1) A true record of each inmate which specifies each infraction of rules and the disciplinary action taken;
(2) The warden's report of substantive noncompliance with the individual program directive or subsequent progress and conduct;
(3) A report of any conduct on the inmate's part evincing an intent to reoffend; and
(4) In the case of a discretionary parole hearing following a revocation or finding of noncompliance, a report of the nature and seriousness of the parole violation or basis for noncompliance, results of risk and needs assessments of the inmate conducted by the department and other agencies as available and copies of documents related to supervision, treatment, and violation decisions in the inmate's prior prison, probation, and parole custodies as available.
Source: SL 1996, ch 158, § 16; SL 2013, ch 101, § 31.
24-15A-18. Concurrent sentencing--Determination of initial parole date.
In the determination of an inmate's initial parole date, two or more convictions arising from the same transaction, for which the sentences are made to run concurrently, shall be considered as one conviction. Two or more sentences arising from different transactions for which the sentences are made to run concurrently shall be considered as separate convictions. The first parole date shall be figured on the concurrent sentence with the longest time to serve to parole. If there are different transactions with at least one occurring prior to July 1, 1996, and at least one occurring on or after July 1, 1996, the inmate shall be subject to parole provisions effective at the time of the offense with the longest time to parole eligibility or initial parole.
Source: SL 1996, ch 158, § 17.
24-15A-19. Consecutive sentencing--Determination of initial parole date.
In the determination of an inmate's initial parole date, two or more convictions arising from the same transaction, for which the sentences are made to run consecutively, shall be considered as one conviction. Two or more sentences arising from different transactions for which the sentences are made to run consecutively shall be considered as separate convictions. For a person receiving two or more sentences which are made to run consecutively, time to serve to initial parole shall be calculated individually for each sentence then added to determine actual first parole date. In cases of different transactions, at least one occurring prior to July 1, 1996, and at least one occurring on or after July 1, 1996, time to initial parole shall be calculated by adding the time to serve to initial parole on transactions occurring on or after July 1, 1996, to the parole eligibility date of the transactions occurring prior to July 1, 1996, unless the subsequent transaction is a result of a crime committed as an inmate pursuant to § 24-15A-20.
In cases of different transactions, where at least one transaction has a discretionary parole date as a result of a parole revocation pursuant to § 24-15-24, § 24-15A-29, or as a result of noncompliance pursuant to § 24-15A-39, and at least one transaction has an initial parole date pursuant to § 24-15A-32, time to initial parole shall be calculated by adding the time to serve to parole on transactions with an initial parole date to the parole eligibility date on transactions with a discretionary date. Parole eligibility as used in this section is the date the inmate is next eligible for a parole hearing based on transactions with a discretionary date.
Source: SL 1996, ch 158, § 18; SL 2007, ch 153, § 1.
24-15A-20. Consecutive sentencing--Parole eligibility.
If a person is convicted of a felony while an inmate under the custody of the warden of the Department of Corrections, the sentence shall run consecutively and the person is not eligible for consideration for parole until serving the last of all such consecutive sentences, unless the sentencing court specifically orders otherwise. The parole date shall be established subject to the provisions of § 24-15A-32. This section does not apply to a person who commits a felony while on parole as defined in § 24-15A-15.
Source: SL 1996, ch 158, § 19; SL 2004, ch 164, § 3; SL 2023, ch 82, § 92.
24-15A-21. Repealed by SL 2012, ch 137, § 3.
24-15A-23. Application for clemency--Waiting period if denied--Period for crime of violence.
The board may not hear an application for clemency for one year after the date of the judgment. If an application for clemency is denied, an inmate may not again present an application for clemency for a period of one year. If an application for clemency is denied for an inmate convicted of a crime of violence, as defined in subdivision 22-1-2(9), and sentenced to life imprisonment, the inmate may not again present an application for clemency for a period of four years.
Source: SL 1996, ch 158, § 22; SL 2024, ch 96, § 1.
24-15A-23.1. Eligibility for clemency.
An inmate is ineligible to apply for clemency if the inmate reaches the initial parole date set pursuant to § 24-15A-32. If an inmate is released on parole or the inmate's sentence has been discharged pursuant to § 24-15A-7, the inmate may apply for clemency pursuant to § 24-15A-23.
Source: SL 1999, ch 131, § 1.
24-15A-24. Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.
The board and the department may place reasonable restrictions upon a parolee which are designed to continue the parolee's rehabilitation, including limited areas of residence or community access, required participation in treatment, enhanced reporting requirements, and use of electronic monitoring or global positioning units. The board and the department may require the parolee to post a bond to assure the parolee's appearance and compliance with the conditions and restrictions of parole. The board and the department shall require the implementation of a restitution plan and payment of supervision fees, if reasonably possible. The prior obligations of child support and restitution payments take precedence over collection of supervision fees. All restrictions shall be in writing, and the agreement shall be signed by the parolee.
Source: SL 1996, ch 158, § 23; SL 1997, ch 149, § 2; SL 2006, ch 123, § 13; SL 2010, ch 133, § 2.
24-15A-25. Parolee release--Necessities.
If an inmate is released on parole, the department shall provide the parolee, if the parolee is not already provided for, with necessary clothing not to exceed a cost of one hundred dollars, with necessary traveling expenses not to exceed fifty dollars, and with transportation to the county of commitment or an equivalent distance.
Source: SL 1996, ch 158, § 24.
24-15A-26. Parolee release to other state--Supervision.
The board and the department may permit a parolee to leave this state and go to any other state, if satisfied that suitable employment or beneficial occupation of the parolee's time has been secured in the other state where the parolee will be free from criminal influences, and that a parole agency or department of the other state will undertake supervision of the parolee within the other state in conformity with the laws of South Dakota relating to parolees, in the same manner and to the same extent as if the parolee had not been permitted to leave the state.
Source: SL 1996, ch 158, § 25.
24-15A-27. Show cause parole revocation order.
The executive director of the board may issue an order to show cause why parole should not be revoked if the director or the board is satisfied that:
(1) A parolee is violating or has violated the regulations or restrictions that are placed upon the parolee by the board, the department, or the sentencing court;
(2) A parolee has failed to report to the parolee's assigned parole agent;
(3) A parolee has failed to answer inquiries made by a parole agent; or
(4) The purposes or objects of parole are not being served.
Source: SL 1996, ch 158, § 26.
24-15A-28. Revocation or modification of parole.
If the board is satisfied that any provision of § 24-15A-27 has been violated, it may revoke the parole and reinstate the terms of the original sentence and conviction or it may modify conditions of parole and restore parole status. In addition, the board may order the denial of credit for time served on parole and withdraw time granted toward a partial early final discharge. If the board does not find that the provisions of § 24-15A-27 have been violated, the board may restore the parolee to the original or modified terms and conditions of the parolee's parole.
Source: SL 1996, ch 158, § 27; SL 2004, ch 168, § 70; SL 2011, ch 128, § 8.
24-15A-29. Discretionary parole date on revocation--Conditions--Discretionary hearings.
The board shall establish a discretionary parole date of not more than two years from the date of revocation if:
(1) An offender's parole or suspended sentence is revoked and imposed following release to parole supervision; or
(2) An offender's suspended sentence is revoked and imposed after the offender has been found noncompliant under § 24-15A-39.
Subsequent discretionary hearings shall be held at intervals of not more than two years. The board is not required to see an inmate for a discretionary parole hearing at two-year intervals following a revocation if the inmate receives an additional felony sentence that carries an initial parole date longer than two years from the revocation.
Source: SL 1996, ch 158, § 28; SL 2010, ch 134, § 1; SL 2013, ch 116, § 1; SL 2021, ch 114, § 1.
24-15A-29.1. Parole date on revocation prior to release.
If a suspended sentence is revoked and imposed prior to the initial parole date, a new initial parole date subject to § 24-15A-38 shall be calculated on the newly imposed incarceration term.
Source: SL 2021, ch 114, § 2.
24-15A-30. Parole release of inmate requiring treatment.
If an inmate sentenced pursuant to § 23A-27-38 becomes eligible for parole release, the department shall consult with the treating facility at which the inmate is being treated, or from which the inmate has been discharged concerning the information required by § 23A-27-39. If the inmate is released on parole, treatment recommended by the treating facility shall be made a condition of parole. An inmate's failure to continue treatment except by agreement of the treating facility and the department, is basis for commencing a parole revocation hearing and grounds for parole revocation.
Source: SL 1996, ch 158, § 29.
24-15A-31. Modification of parole agreement.
If the parolee or the parole agent wish to modify the terms, conditions, restrictions, and requirements contained within a parolee's parole agreement, the request shall be forwarded to the executive director of the board for approval.
Source: SL 1996, ch 158, § 30.
24-15A-32. Department's establishment of initial parole date--Calculation of parole date--Certain crimes deemed violent for purposes of parole--Minimum time to be served--Parole eligibility.
For a crime committed before July 1, 2023, each inmate sentenced to a state incarceration term, except those under a sentence of life or death, or determined to be ineligible for parole as authorized in § 24-15A-32.1, must have an initial parole date set by the department. This date must be calculated by applying the percentage indicated in the following grid to the full term, minus any suspended time. The following crimes or an attempt to commit, a conspiracy to commit, or a solicitation to commit any of the following crimes shall be considered a violent crime for purposes of setting an initial parole date: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree, burglary in the second degree if committed before July 1, 2006, arson, kidnapping, felony sexual contact as defined in § 22-22-7, child abuse, felony sexual contact as defined in § 22-22-7.2, felony stalking as defined in §§ 22-19A-2 and 22-19A-3, photographing a child in an obscene act, felony assault as defined in §§ 22-18-26 and 22-18-29, felony simple assault as defined in § 22-18-1, aggravated criminal battery of an unborn child as defined in § 22-18-1.3, aggravated battery of an infant as defined in § 22-18-1.4, assault with intent to cause serious permanent disfigurement as defined in § 22-18-1.5, commission of a felony while armed as defined in § 22-14-12, discharging a firearm at an occupied structure or motor vehicle as defined in § 22-14-20, discharging a firearm from a moving vehicle as defined in § 22-14-21, criminal pedophilia, threatening to commit a sexual offense as defined in § 22-22-45, abuse or neglect of a disabled adult as defined in § 22-46-2, and aggravated incest as defined in §§ 22-22A-3 and 22-22A-3.1:
Felony Convictions | |||
Felony Class | First | Second | Third |
Nonviolent |
|
|
|
Class 6 | .25 | .30 | .40 |
Class 5 | .25 | .35 | .40 |
Class 4 | .25 | .35 | .40 |
Class 3 | .30 | .40 | .50 |
Class 2 | .30 | .40 | .50 |
Class 1 | .35 | .40 | .50 |
Class C | .35 | .40 | .50 |
Violent |
|
|
|
Class 6 | .35 | .45 | .55 |
Class 5 | .40 | .50 | .60 |
Class 4 | .40 | .50 | .65 |
Class 3 | .50 | .60 | .70 |
Class 2 | .50 | .65 | .75 |
Class 1 | .50 | .65 | .75 |
Class C | .50 | .65 | .75 |
Class B | 1.0 | 1.0 | 1.0 |
Class A | 1.0 | 1.0 | 1.0 |
The application of the violent or nonviolent column of the grid is based on whether the inmate's current sentence is for a violent or nonviolent crime. The department shall consider any prior felony regardless of whether the crime is violent or nonviolent when determining which percentage to apply to the inmate's parole date calculation. Each inmate shall serve at least sixty days prior to parole release. An inmate with a life sentence is not eligible for parole except as provided in §§ 24-15A-55 to 24-15A-68, inclusive. An initial parole date through the application of this grid may be applied to a life sentence only after the sentence is commuted to a term of years. A Class A or B felony commuted to a number of years shall be applied to the Class C violent column of the grid. An inmate convicted of a Class A or B felony who was a juvenile at the time of the offense and receives a sentence of less than life shall be applied to the Class C violent column of the grid.
For a crime committed on or after July 1, 2023, each inmate sentenced to a penitentiary term, except those under a sentence of life or death, or determined to be ineligible for parole as authorized in §§ 24-15-4.1, 24-15-4.2, and 24-15A-32.1, must have an initial parole date set by the department. The date must be calculated by applying the percentage indicated in the following grid to the full term of the sentence, minus any suspended time. Any of the following crimes, or any attempt to commit, a conspiracy to commit, or a solicitation to commit any of the following crimes is considered a violent crime for the purpose of setting an initial parole date: felony stalking as defined in §§ 22-19A-2 and 22-19A-3, felony assault as defined in §§ 22-18-26 and 22-18-29, felony simple assault as defined in § 22-18-1, discharging a firearm at an occupied structure or motor vehicle as defined in § 22-14-20, discharging a firearm from a moving vehicle as defined in § 22-14-21, threatening to commit a sexual offense as defined in § 22-22-45, abuse or neglect of a disabled adult as defined in § 22-46-2, and aggravated incest as defined in §§ 22-22A-3 and 22-22A-3.1:
Felony Convictions | |||
Felony Class | First | Second | Third |
Nonviolent |
|
|
|
Class 6 | .25 | .30 | .40 |
Class 5 | .25 | .35 | .40 |
Class 4 | .25 | .35 | .40 |
Class 3 | .30 | .40 | .50 |
Class 2 | .30 | .40 | .50 |
Class 1 | .35 | .40 | .50 |
Class C | .35 | .40 | .50 |
Violent |
|
|
|
Class 6 | .35 | .45 | .55 |
Class 5 | .40 | .50 | .60 |
Class 4 | .40 | .50 | .65 |
Class 3 | .50 | .60 | .70 |
Class 2 | .50 | .65 | .75 |
Class 1 | .50 | .65 | .75 |
Class C | .50 | .65 | .75 |
Class B | 1.0 | 1.0 | 1.0 |
Class A | 1.0 | 1.0 | 1.0 |
1.0 | 1.0 | 1.0 | |
1.0–.85 | 1.0–.85 | 1.0–.85 | |
The application of the violent or nonviolent column of the grid is based on whether the inmate's current sentence is for a violent or nonviolent crime. The department shall consider any prior felony regardless of whether the crime is violent or nonviolent when determining which percentage to apply to the inmate's parole date calculation. Each inmate shall serve at least sixty days prior to parole release. An inmate with a life sentence and an inmate who commits an offense as defined in § 24-15-4.1 is not eligible for parole except as provided in §§ 24-15A-55 to 24-15A-68, inclusive. An inmate who commits an offense as defined in § 24-15-4.2 is not eligible for parole except as provided in §§ 24-15-4.2 and 24-15A-55 to 24-15A-68, inclusive. The provisions set forth in §§ 24-15-4.1 and 24-15-4.2 apply to a life sentence that has been commuted to a term of years.
Source: SL 1996, ch 158, § 31; SL 2001, ch 126, § 1; SL 2004, ch 168, § 71; SL 2006, ch 117, § 2; SL 2006, ch 121, § 14; SL 2007, ch 141, § 2; SL 2007, ch 153, § 2; SL 2012, ch 136, § 1; SL 2013, ch 105, § 3; SL 2013, ch 116, § 2; SL 2018, ch 152, § 1; SL 2018, ch 154, § 12; SL 2019, ch 119, § 1; SL 2023, ch 80, § 3; SL 2023, ch 82, § 93.
24-15A-32.1. Withholding of parole eligibility of sex offender based upon history, treatment, and risk factors.
Upon recommendation of sex offender treatment program staff and following a review of the inmate's history, treatment status, risk of re-offense, and psycho-sexual assessment, the warden may, at any time prior to the inmate's final discharge, recommend to the Board of Pardons and Paroles that parole eligibility pursuant to § 24-15A-32 be withheld on an inmate convicted of a felony sex offense as defined in § 22-24B-1.
The board may, after a hearing, determine if parole eligibility is to be withheld. The decision of the board to withhold parole eligibility is final.
Source: SL 2006, ch 121, § 13.
24-15A-33. Change in initial parole date.
An inmate's initial parole date is subject to change upon receipt of information regarding a change in the number of prior felony convictions or any subsequent felony convictions. Any inmate who is aggrieved by the established parole date may apply for a review of the date with the board for a determination of the true and correct parole date.
Source: SL 1996, ch 158, § 32.
24-15A-34. Individual program directives for inmates.
Within thirty days of admission to the department, the department shall establish an individual program directive for each inmate which may include the following:
(1) Required work, school, or program participation;
(2) Refraining from conduct evincing an intent to reoffend; and
(3) Required conduct in accordance with the rules and policies of the department and its institutions.
The individual program directive may be modified by a classification board for reasons including program completion, changes in classification or housing status, medical or mental health needs or resource availability. Each inmate shall be notified in writing of the inmate's individual program directive and any modifications to it.
Source: SL 1996, ch 158, § 33.
24-15A-35. Notification of inmate's substantive compliance, noncompliance, or undetermined compliance with program directive.
At least thirty days prior to an inmate's initial parole date, the warden shall notify the board in writing of the inmate's substantive compliance or noncompliance with the inmate's individual program directive. If an award of earned discharge credit moves an inmate's initial parole date to within thirty days, the compliance report shall be completed no later than seven calendar days from the date of the application of the credits. If there is insufficient information for the warden to determine substantive compliance or noncompliance, the warden shall report a finding of undetermined compliance to the board. The warden shall also notify the inmate in writing of the warden's report of substantive compliance, noncompliance, or undetermined compliance. At least thirty days prior to an inmate's subsequent, discretionary parole hearing, the warden shall submit to the board an updated report of the inmate's conduct and progress since the last hearing.
Source: SL 1996, ch 158, § 34; SL 2012, ch 137, § 1; SL 2019, ch 120, § 1.
24-15A-36. Inmate to submit parole release plan.
At least thirty days prior to an inmate's parole date, the inmate shall submit a parole release plan to the executive director of the board. If an award of earned discharge credit moves an inmate's initial parole date to within thirty days, the inmate shall submit the release plan upon completion of the plan. This plan will include the inmate's proposed residence, employment, or means of support, and any specialized treatment, counseling, or educational services the inmate proposes to be involved with upon parole. This plan is subject to approval by the executive director of the board. The executive director may require an inmate to modify a release plan prior to approval.
Source: SL 1996, ch 158, § 35; SL 2019, ch 120, § 2.
24-15A-37. Parole agreement on conditions of supervision.
As a condition of parole release, each inmate shall be required to sign an agreement setting forth the conditions of supervision placed on the inmate by the board and the department. The agreement shall be developed by the executive director of the board.
Source: SL 1996, ch 158, § 36.
24-15A-38. Inmate release to parole supervision--Conditions.
Each inmate shall be released from incarceration to parole supervision, without a hearing with the board, at the time of the inmate's initial parole date, if the inmate has substantively met the requirements of the individual program directive established by the department, agreed to the conditions of supervision and has an approved parole release plan.
Source: SL 1996, ch 158, § 37.
24-15A-39. Hearing to determine compliance with parole release standards--Waiver of appearance--Determinations of board--Discretionary hearings.
Any inmate whom the warden reports has not substantively complied with the individual program directive or for whom there is insufficient information for the warden to determine substantive compliance or noncompliance shall have a hearing with the board to determine the inmate's compliance with the individual program directive. However, if the inmate wishes to admit to noncompliance with the individual program directive, the inmate may waive an appearance at this hearing.
The board may determine the inmate has substantively complied with the individual program directive and release the inmate at the inmate's initial parole date or as soon as reasonably possible following the initial parole date and hearing. The board may also determine the inmate has not substantively met the requirements of the individual program directive, deny release at the initial parole date and set the time for a subsequent discretionary parole hearing. If an inmate does not have an individual program directive, the board shall utilize the standards contained in § 24-15A-42 in making its determination. Any inmate appeal of a finding of noncompliance by the board shall be filed pursuant to chapter 1-26 in the county in which the inmate is confined or in Minnehaha County if the inmate is housed outside the State of South Dakota.
Any inmate not released at the time of the inmate's initial parole date shall have a discretionary parole hearing at least every two years.
Source: SL 1996, ch 158, § 38; SL 1999, ch 132, § 1; SL 2002, ch 124, § 3; SL 2012, ch 137, § 2.
24-15A-40. Right of review.
Any inmate objecting to conditions of parole supervision or a required modification of a release plan may seek a review of the plan or conditions with the board. The board may determine if the proposed conditions or release plan modifications are acceptable or the board may remove or modify proposed conditions or release plan provisions. This review may be of the inmate's record, release plan, or release conditions. A personal appearance of the inmate is not required. An inmate shall agree to parole conditions and have an acceptable release plan prior to parole release.
Source: SL 1996, ch 158, § 39.
24-15A-41. Subsequent parole after hearing.
Any inmate not released at the time of the inmate's first parole date or any inmate whose parole has been revoked may be subsequently paroled, based on the discretion of the board after a hearing. An inmate may decline parole consideration and waive the right to a hearing.
Neither this section or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner.
Source: SL 1996, ch 158, § 40; SL 2002, ch 124, § 4.
24-15A-41.1. Parole of inmate to custody of another state or federal jurisdiction.
Notwithstanding an inmate's statutory right to refuse parole or waive parole consideration, the Board of Pardons and Paroles may parole an inmate to the custody of another state or federal jurisdiction for the purpose of confinement and or deportation if it is in the best interest of the citizens of South Dakota.
Source: SL 2012, ch 137, § 8.
24-15A-42. Procedural rules--Parole release standards.
Pursuant to chapter 1-26, the board may promulgate procedural rules for the effective enforcement of this chapter and for the exercise of the powers and duties conferred upon it. Additionally, the board shall utilize the following standards in determining if the inmate has substantively met the requirements for parole release at the initial parole date:
(1) The inmate's compliance with work, school, and program directives;
(2) The inmate's compliance with the rules and policies of the department;
(3) Conduct by the inmate evincing an intent to reoffend; and
(4) Mitigating factors impacting the warden's determination of substantive noncompliance.
The board may also use standards in subdivisions (1) to (3), inclusive, of this section in discretionary parole decisions. In addition, in considering a discretionary parole for an inmate who previously violated parole, the board may consider the nature and seriousness of the conduct leading to the parole revocation.
Source: SL 1996, ch 158, § 41.
24-15A-43. Repealed by SL 2012, ch 138, § 1.
24-15A-44. Effect of validity of chapter.
If the provisions of this chapter are found invalid, good time and parole eligibility provisions shall revert to those in effect at the time of the passage of this chapter.
Source: SL 1996, ch 158, § 43.
24-15A-45. Evidence-based practices targeting parolee's criminal risk and need factors.
Parolee supervision shall use evidence-based practices and shall target the parolee's criminal risk and need factors with appropriate supervision and intervention, focusing resources on moderate-risk and high-risk offenders.
Parole supervision shall include:
(1) Use of validated risk and needs assessments of the parolee measuring criminal risk factors, specific individual needs and driving variable supervision levels;
(2) Use of assessment results to guide supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism;
(3) Collateral and personal contacts, some unscheduled, with the offender and community and with a frequency consistent with the parolee's supervision level and risk of re-offense, staying informed of the parolee's conduct, compliance with conditions, and progress in community based intervention;
(4) Case planning for each parolee assessed as moderate-risk to high-risk to reoffend; and
(5) Use of practical and suitable methods that are consistent with evidence-based practices to aid and encourage the parolee to improve his or her conduct and circumstances and to reduce the risk of recidivism.
Source: SL 2013, ch 101, § 27.
24-15A-46. Training on evidence-based practices and criminal risk factors.
Any employee who exercises supervision over a parolee pursuant to § 24-15-14 or provides intervention services to any parolee shall receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recidivism.
Source: SL 2013, ch 101, § 28.
24-15A-47. Report on implementation of supervision practices and training.
The department shall monitor and report semiannually to the oversight council the extent to which practices of parole supervision pursuant to § 24-15A-45 and training requirements pursuant to sections §§ 24-13-2 and 24-15A-46 are implemented with fidelity.
Source: SL 2013, ch 101, § 29.
24-15A-48. Response to violation of supervision conditions.
The department shall respond to each known violation of supervision conditions established pursuant to §§ 24-15A-37, 24-15-11, and 24-15A-24. The response to a violation shall reflect the parolee's supervision level, the severity of the violation, and consideration of previous violations. The response to a violation and the sanctioning options shall be standardized and reflect graduated responses and sanctions including informal and formal responses to violations.
Formal response to a violation shall be documented and may include the following:
(1) Written reprimand by the agent, agent supervisor, or executive director of the board;
(2) Referral to community based programming;
(3) Additional substance use testing or monitoring, or both;
(4) Community service work without pay;
(5) Placement in custody through house arrest or jailing;
(6) Required participation in an alcohol or drug accountability program; and
(7) Submission of a violation report to the board for the return of the parolee to prison and the revocation of the parolee's supervision.
Source: SL 2013, ch 101, § 32.
24-15A-49. Report of graduated sanction.
The Department of Corrections shall report semiannually to the oversight council the number and percentage of parolees who received a graduated sanction.
Source: SL 2013, ch 101, § 33.
24-15A-50. Award of earned discharge credits.
Each parolee shall be awarded earned discharge credits as follows:
(1) For each full calendar month of compliance with the terms of supervision, an earned discharge credit of the number of days in that month shall be deducted from the parolee's sentence discharge date established in §§ 24-15A-6 and 24-5-1. No earned discharge credit may be awarded for partial months or for the first full calendar month of parole supervision in the community;
(2) A parolee is deemed to be compliant with the terms of supervision and shall be awarded earned discharge credits for the month if there was no violation of conditions of supervision during the month at the level warranting formal response per standardized department directive. A parolee may not receive earned discharge credits for the month if the parolee had a violation of conditions resulting in a formal response;
(3) No earned discharge credit may accrue for a calendar month in which a violation report has been submitted, the parolee has absconded from supervision, the parolee is under sanction of jailing or detainment, or for the months between the submission of the violation report and the final action on the violation report by the board. If the board does not find that the provisions of § 24-15A-27 or 24-15-20 have been violated, the board may include an award of earned discharge credits for the months the violation report was pending in the board's order to restore the parolee to the original or modified terms and conditions of parole;
(4) A parolee serving a sentence for a conviction of a sex offense as defined in § 22-24B-1 or a violation of sex offender registry requirements or a violation of community safety zone requirements is not eligible for earned discharge credits on any sex offense, sex offender registry violation, or community safety zone violation sentence;
(5) Earned discharge credits shall be applied to the sentence discharge date within thirty days of the end of the month in which the credits were earned. At least every six months, a parolee who is serving a sentence eligible for earned discharge credits shall be notified of the current sentence discharge date; and
(6) A parolee serving an eligible South Dakota prison sentence in any community in another state under the Interstate Compact for Adult Offender Supervision is eligible for earned discharge credits pursuant to this chapter.
Source: SL 2013, ch 101, § 36.
24-15A-50.1. Additional earned discharge credits.
The department may grant an inmate up to ninety days of earned discharge credits for each program completion; up to ninety days of earned discharge credits upon completion of three hundred sixty hours of satisfactory work not to exceed one hundred eighty days of earned discharge credit for work in a twelve-month period; and up to three hundred sixty-five days of earned discharge credits for heroic acts in life threatening situations, through significant efforts in disaster response or by providing exceptional assistance in maintaining the safety and security of a prison. Each program shall fit the definition of evidence based practices as defined in § 16-22-1, or consist of an academic or vocational program. Earned discharge credits under this section may be granted if in the judgement of the warden and the secretary of corrections, the inmate has met the criteria set forth in this section. Nothing in this section may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate. Any earned discharge credit under this section shall be applied to the sentence prior to the calculation of the initial parole date.
Source: SL 2018, ch 153, § 1.
24-15A-51. Report of eligibility for award of discharge credits.
Within fifteen days following the end of the month, a supervising parole agent shall report to the department the name of any supervised parolee eligible for the award of discharge credits earned in the previous month.
Source: SL 2013, ch 101, § 37.
24-15A-52. Review of ineligibility determination.
A parolee who objects to a parole agent's determination that the parolee is ineligible for the award of earned discharge credits may seek a review with the board. The board may determine if the parolee is eligible for the award of earned discharge credits and order that the credits be applied to the parolee's sentence discharge date. The board may also determine if the parolee is ineligible for the award of earned discharge credits. This review may be of the parolee's record. A personal appearance of the parolee is not required. The decision of the board is final.
Source: SL 2013, ch 101, § 38.
24-15A-53. Report of parolees qualifying for earned discharge credits.
The department shall provide semiannually to the oversight council the number and percentage of parolees who qualify for earned discharge credits and the average amount of credits a parolee earned within the year.
Source: SL 2013, ch 101, § 39.
24-15A-54. Transfer to administrative financial accountability system.
Each inmate discharging pursuant to § 24-15A-7 or 24-5-2 who owes court-ordered financial obligations on the sentence or sentences discharging shall be transferred by the department to the administrative financial accountability system pursuant to § 23A-47-2.
Source: SL 2013, ch 101, § 40.
24-15A-55. Eligibility for compassionate parole.
Notwithstanding any contrary provision in chapter 24-13, 24-15, or 24-15A, an inmate who:
(1) Has a terminal illness;
(2) Is seriously ill and not likely to recover;
(3) Requires extensive medical care or significant chronic medical care;
(4) Is at least sixty-five years of age, has served at least ten consecutive years of the inmate's sentence incarcerated, whose current sentences are for convictions of a Class 3 felony or below and whose medical care needs are at least double the average annual medical cost of the inmate population; or
(5) Is at least seventy years of age and has served at least thirty consecutive years of the inmate's sentence incarcerated; and
(6) Is not serving a capital punishment sentence;
is eligible for compassionate parole consideration.
Source: SL 2018, ch 154, § 1.
24-15A-56. Referral for compassionate parole hearing.
The secretary of corrections may consider referrals for compassionate parole consideration from the inmate's health care provider or the warden. If the secretary determines the inmate meets the criteria for compassionate parole consideration as set forth in § 24-15A-55, the secretary may refer the inmate for a compassionate parole hearing. The executive director of the Board of Pardons and Paroles shall schedule a discretionary, compassionate parole hearing with the board within three months of receipt of the referral.
Source: SL 2018, ch 154, § 2.
24-15A-57. Factors for consideration in determining grant or denial of compassionate parole.
The Board of Pardons and Paroles shall consider the following factors in determining the grant or denial of a compassionate parole:
(1) The inmate's assessed risk level;
(2) The inmate's conduct in prison;
(3) The inmate's conduct while on extended confinement, if applicable;
(4) Sentence served and sentence remaining;
(5) Offense and chronicity of criminal behavior;
(6) Prognosis and incapacitation level;
(7) The inmate's compliance with health care ordered by a health care provider;
(8) Release plan including provisions for health care;
(9) Input, if any, of the sentencing judge, the prosecuting attorney, and the victim;
(10) If the care and supervision that the inmate requires and is anticipated to require can be provided in a more medically appropriate or cost effective manner than the Department of Corrections;
(11) Allowing a geriatric or terminally ill person to live at a location outside of prison prior to death; and
(12) The ability to adequately monitor the inmate, after release, to ensure public safety.
Source: SL 2018, ch 154, § 3.
24-15A-58. Release plan to ensure health care expenses will be paid by inmate or third party payer.
An inmate may not be released on compassionate parole if the inmate meets the eligibility requirements of a medically indigent person under the provisions of chapter 28-13. An inmate may not be released on compassionate parole, unless the inmate's release plan ensures the inmate's health care expenses will be paid either by the inmate or a third party payer including Medicare, Medicaid, Indian Health Service, veteran's assistance, or private insurance.
Source: SL 2018, ch 154, § 4.
24-15A-59. Grant or denial of compassionate parole--Reconsideration--Removal from consideration.
The board may grant or deny a compassionate parole. If denied the board shall set the date for the next consideration of compassionate parole not to exceed one year. The board may elect to review the inmate sooner than one year. If the inmate no longer meets the criteria for compassionate parole as set forth in § 24-15A-55, the inmate's health care provider or the warden shall notify the secretary of corrections. The secretary may remove the inmate from compassionate parole consideration. An inmate removed from compassionate parole consideration is subject to applicable parole provisions under chapters 24-13, 24-15, and 24-15A notwithstanding the provisions of §§ 24-15A-55 to 24-15A-68, inclusive, or a pending compassionate parole hearing. If an inmate is released on compassionate parole and is compliant with the terms of the inmate's supervision, no longer meeting the criteria for compassionate parole in § 24-15A-55 does not constitute grounds for parole revocation.
Source: SL 2018, ch 154, § 5.
24-15A-60. Inmate who reaches parole eligibility date or initial parole date not eligible for compassionate parole.
An inmate is ineligible for compassionate parole once the inmate reaches the parole eligibility date pursuant to § 24-15-5 or the inmate's initial parole date pursuant to § 24-15A-32. However, if an inmate previously referred by the secretary for compassionate parole continues to meet the criteria for compassionate parole consideration as outlined in § 24-15A-55 the factors listed in § 24-15A-57 shall be considered in any subsequent discretionary parole release decision.
Source: SL 2018, ch 154, § 6.
24-15A-61. Inmate granted compassionate parole subject to statutory requirements.
An inmate granted compassionate parole is subject to the provisions of chapters 24-13, 24-15, and 24-15A, including the provisions related to supervision, early final discharge, and revocation of parole, so far as those provisions are consistent with §§ 24-15A-55 to 24-15A-68, inclusive.
Source: SL 2018, ch 154, § 7.
24-15A-62. Due process interest in compassionate parole not created--Decision of board final.
Nothing in §§ 24-15A-55 to 24-15A-68, inclusive, or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner. An inmate is not entitled to compassionate parole or to be considered for compassionate parole. Compassionate parole may be recommended by the secretary and granted by the board if, in the judgement of the secretary and the board, the inmate meets the eligibility criteria for compassionate parole pursuant to § 24-15A-55 and a compassionate parole release is unlikely to pose a detriment to the offender, victim, or community. The decision of the board regarding compassionate parole release is final.
Source: SL 2018, ch 154, § 8.
24-15A-63. Extended confinement.
Nothing in §§ 24-15A-55 to 24-15A-68, inclusive, or its application impacts the ability of the warden and the secretary of corrections to place an inmate on extended confinement pursuant §§ 24-2-25 and 24-2-27 or to place the inmate on extended confinement pending compassionate parole consideration.
Source: SL 2018, ch 154, § 9.
24-15A-64. Promulgation of rules regarding compassionate parole.
Pursuant to chapter 1-26, the board may promulgate procedural rules for the effective enforcement of §§ 24-15A-55 to 24-15A-68, inclusive, and for the exercise of the powers and duties conferred upon it.
Source: SL 2018, ch 154, § 10.
24-15A-65. Inmate on compassionate parole ineligible for earned discharge credits.
An inmate on parole through a compassionate parole release is ineligible for earned discharge credits until the inmate reaches an initial parole date pursuant § 24-15A-32 or an initial parole eligibility date pursuant to § 24-15-5.
Source: SL 2018, ch 154, § 13.
24-15A-66. Effect of revocation of compassionate parole.
If an inmate on parole through a compassionate parole release has the inmate's parole revoked, a subsequent consideration of compassionate parole on the same sentence requires a new referral for consideration pursuant to § 24-15A-56.
Source: SL 2018, ch 154, § 14.
24-15A-67. Conditions of compassionate parole.
As a condition of supervision pursuant to § 24-15A-37, any inmate released on compassionate parole shall be compliant with medical care and maintain responsibility for health care expenses through self pay or third party payer.
Source: SL 2018, ch 154, § 15.
24-15A-68. Compassionate parole requirements not applicable to paroled inmate who reached initial parole date or parole eligibility date.
When a parolee released under compassionate parole reaches their initial parole date pursuant to § 24-15A-32 or their parole eligibility date pursuant to § 24-15-5 and is paroled subject to the provisions of chapters 24-15 and 24-15A they are no longer subject to the provisions of §§ 24-15A-55 to 24-15A-68, inclusive.
Source: SL 2018, ch 154, § 16.
24-16-1 to 24-16-5. Repealed.
24-16-1 to 24-16-5. Repealed by SL 2001, ch 128, § 2, eff. June 19, 2002.
24-16A-1 Interstate Compact for Adult Offender Supervision.
24-16A-1. Interstate Compact for Adult Offender Supervision.
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states.
In addition, this compact will: create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.
The compacting states recognize that there is no "right" of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder.
It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
(1) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law;
(2) "By-laws" mean those by-laws established by the Interstate Commission for it governance, or for directing or controlling the Interstate Commission's actions or conduct;
(3) "Compact Administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the state council under this compact;
(4) "Compacting state" means any state which has enacted the enabling legislation for this compact;
(5) "Commissioner" means the voting representative of each compacting state appointed pursuant to Article III of this compact;
(6) "Interstate Commission" means the Interstate Commission for Adult Offender Supervision established by this compact;
(7) "Member" means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner;
(8) "Noncompacting state" means any state which has not enacted the enabling legislation for this compact;
(9) "Offender" means an adult placed under or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies;
(10) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private;
(11) "Rules" means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states;
(12) "State" means a state of the United States, the District of Columbia, and any other territorial possessions of the United States;
(13) "State council" means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact.
ARTICLE III
THE COMPACT COMMISSION
The compacting states hereby create the "Interstate Commission for Adult Offender Supervision." The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
The Interstate Commission shall consist of commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state.
In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations; such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, and crime victims. All noncommissioner members of the Intestate Commission shall be ex-officio, nonvoting members. The Interstate Commission may provide in its by-laws for such additional ex-officio, nonvoting members as it deems necessary.
Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
The Interstate Commission shall establish an Executive Committee, which shall include commission officers, members, and others as shall be determined by the by-laws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rule making, amendment, or both to the compact. The Executive Committee oversees the day-to-day activities managed by the Executive Director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its by-laws and as directed by the Interstate Commission and performs other duties as directed by commission or set forth in the by-laws.
ARTICLE IV
THE STATE COUNCIL
Each member state shall create a State Council for Interstate Adult Offender Supervision, which shall be responsible for the appointment of the commissioner who shall serve on the Interstate Commission from that state. Each state council shall appoint as its commissioner the Compact Administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups and compact administrators. Each compacting state retains the right to determine the qualifications of the Compact Administrator who shall be appointed by the state council or by the Governor in consultation with the Legislature and the Judiciary. In addition to appointment of its commissioner to the National Interstate Commission, each state council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the compact within that state.
ARTICLE V
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
(1) To adopt a seal and suitable by-laws governing the management and operation of the Interstate Commission;
(2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;
(3) To oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission;
(4) To enforce compliance with compact provisions, Interstate Commission rules, and by-laws, using all necessary and proper means, including but not limited to, the use of judicial process;
(5) To establish and maintain offices;
(6) To purchase and maintain insurance and bonds;
(7) To borrow, accept, or contract for services of personnel, including members and their staffs;
(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder;
(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;
(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same;
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed;
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(13) To establish a budget and make expenditures and levy dues as provided in Article X of this compact;
(14) To sue and be sued;
(15) To provide for dispute resolution among compacting states;
(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact;
(17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission;
(18) To coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in such activity;
(19) To establish uniform standards for the reporting, collecting, and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. By-laws
The Interstate Commission shall, by a majority of the members, within twelve months of the first Interstate Commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including:
(1) Establishing the fiscal year of the Interstate Commission;
(2) Establishing an executive committee and such other committees as may be necessary; providing reasonable standards and procedures:
(a) For the establishment of committees; and
(b) Governing any general or specific delegation of any authority or function of the Interstate Commission;
(3) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;
(4) Establishing the titles and responsibilities of the officers of the Interstate Commission;
(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any compacting state, the by-laws shall exclusively govern the personnel policies and programs of the Interstate Commission;
(6) Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment reserving of all its debts and obligations or both;
(7) Providing transition rules for "start up" administration of the compact;
(8) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Section B. Officers and Staff
The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the by-laws. The chairperson or, in his or her absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.
Section C. Corporate Records of the Interstate Commission
The Interstate Commission shall maintain its corporate books and records in accordance with the by-laws.
Section D. Qualified Immunity, Defense, and Indemnification
The members, officers, executive director, and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities. However, nothing in this paragraph shall be construed to protect any such person from suit or liability, or both for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. The Interstate Commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the Interstate Commission's representatives or employee, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.
The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgement obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact.
Except as otherwise provided in this compact and unless a greater percentage is required by the by-laws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.
Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The by-laws may provide for member' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.
The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.
The Interstate Commission's by-laws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it is determines by two-thirds vote that an open meeting would be likely to:
(1) Relate solely to the Interstate Commission's internal personnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure by statute;
(3) Disclose trade secrets or commercial or financial information which is privileged or confidential;
(4) Involve accusing any person of a crime, or formally censuring any person;
(5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) Disclose investigatory records complied for law enforcement purposes;
(7) Disclose information contained in or related to examination, operating,or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;
(8) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity;
(9) Specifically related to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or proceeding.
For every meeting closed pursuant to this provision, the Interstate Commission's chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its by-laws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.
ARTICLE VIII
RULE MAKING FUNCTIONS OF THE INTERSTATE COMMISSION
The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.
Rule making shall occur pursuant to the criteria set forth in this article and the by-laws and rules adopted pursuant thereto. Such rule making shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app.2, section 1 et seq., as may be amended (hereinafter "APA"). All rules and amendments shall become binding as of the date specified in each rule or amendment.
If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have not further force and effect in any compacting state.
When promulgating a rule, the Interstate Commission shall publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule; allow persons to submit written data, facts, opinions, and arguments, which information shall be publicly available; provide an opportunity for an informal hearing; and promulgate a final rule and its effective date, if appropriate, based on the rule making record.
No later than sixty days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principle office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence, (as defined in the APA), in the rule making record, the court shall hold the rule unlawful and set it aside. Subjects to be addressed within twelve months after the first meeting must at a minimum include:
(1) Notice to victims and opportunity to be heard;
(2) Offender registration and compliance;
(3) Violations/returns;
(4) Transfer procedures and forms;
(5) Eligibility for transfer;
(6) Collection of restitution and fees from offenders;
(7) Data collection and reporting;
(8) The level of supervision to be provided by the receiving state;
(9) Transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and
(10) Mediation, arbitration, and dispute resolution.
The existing rules governing the operation of the previous compact superceded by this Act shall be null and void twelve months after the first meeting of the Interstate Commission created hereunder.
Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rule making procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION
Section A. Oversight
The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states, which may significantly affect compacting states.
The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceedings for all purposes.
Section B. Dispute Resolution
The compacting states shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.
The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.
The Interstate Commission shall enact a by-law or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
Section C. Enforcement
The Interstate Commission, in the reasonable exercise of its' discretion, shall enforce the provisions of this compact using any or all means set forth in Article XII, Section B of this compact.
ARTICLE X
FINANCE
The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and on-going activities.
The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
The Interstate Commission shall not incur any obligation of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its by-laws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
Any state, as defined in Article II of this compact, is eligible to become a compacting state. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
Amendments to the compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
Once effective, the compact shall continue in force and remain binding upon each and every compacting state. However, a compacting state may withdraw from the compact (withdrawing state) by enacting a statute specifically repealing the statute which enacted the compact into law.
The effective date of withdrawal is the effective date of the repeal.
The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.
The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
Section B. Default
If the Interstate Commission determines that any compacting state has at any time defaulted (defaulting state) in the performance of any of its obligations or responsibilities under this compact, the by-laws or any duly promulgated rules the Interstate Commission may impose any or all of the following penalties: fines, fees, costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; remedial training and technical assistance as directed by the Interstate Commission; suspension and termination of membership in the compact.
Suspension shall be imposed only after all other reasonable means of securing compliance under the by-laws and rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice, or Chief Judicial Officer of the state; the majority and minority leaders of the defaulting state's Legislature, and the state council.
The grounds for default include but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission by-laws, or duly promulgated rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of suspension. Within sixty days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the Governor, the Chief Justice, or Chief Judicial Officer and the Majority and Minority Leaders of the defaulting state's Legislature and the state council of such termination.
The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
Section C. Judicial Enforcement
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the Federal District where the Interstate Commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys' fees.
Section D. Dissolution of Compact
The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces the membership in the compact to one compacting state.
Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the by-laws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
The provisions of this compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws
Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.
Section B. Binding Effect of the Compact
All lawful actions of the Interstate Commission, including all rules and by-laws promulgated by the Interstate Commission, are binding upon the compacting states.
All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
Upon the request of a party to a conflict over meaning or interpretation of the Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
Source: SL 2001, ch 128, § 1, eff. June 19, 2002.