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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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, […]
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 […]
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 […]
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, […]
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 […]
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.
