24-2-1. Inmates under custody of warden–Delegation of powers. All inmates under confinement in the state penitentiary are under the charge and custody of the warden, who shall govern, superintend, house, discipline and employ them in the manner prescribed by law, the rules and the institutional policies of the Department of Corrections. The warden may delegate […]
24-2-10. Unauthorized injury to inmate–Punishment. Any person sentenced to imprisonment in the state penitentiary 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; […]
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 penitentiary for such period as […]
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 […]
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 […]
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 the state penitentiary. No prescription or nonprescription drugs, controlled substance as defined by chapter 34-20B, or any article of indulgence may be possessed by any inmate of […]
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, […]
24-2-17. 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 and shall specify 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 […]
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 […]
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.
24-2-2. Delivery of inmate to warden–Warden’s receipt. If an inmate, with a certified copy of the judgment of conviction and the required official statements, is delivered to the warden of the penitentiary, the warden shall mail to the clerk of courts of the sentencing county a receipt in which the warden acknowledges having received the […]
24-2-2.1. Certified judgment containing certain information required for acceptance of delivery. The warden may not accept delivery of a defendant to the state penitentiary without a certified copy of the judgment containing the information required pursuant to §23A-27-4. Source: SL 2007, ch 150, §3.
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 […]
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 prisoner 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 the state penitentiary, or deposits or conceals in or around any facility or place used to house inmates, or […]
24-2-25. Extension of confinement limits to permit visits to designated places. The warden of the state penitentiary may extend the limits of the place of confinement of an inmate, if the warden has reasonable cause to believe that the inmate will honor the warden’s prescribed conditions to visit or be housed in specifically designated places […]
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 […]
24-2-27. Facilities, programs, or services outside penitentiary–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 the penitentiary proper and contract with other governmental entities […]
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 […]
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 […]
