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.
Structure South Dakota Codified Laws
Title 24 - Penal Institutions, Probation and Parole
Section 24-11-1 - Jail defined--Classification of jails.
Section 24-11-2 - Establishment of county jail at expense of county.
Section 24-11-5 - Confinement of fugitive from justice--Compensation.
Section 24-11-6 - Confinement of federal prisoners--Compensation--Penalty for violation.
Section 24-11-10 - Required fireproofing for designated jail.
Section 24-11-11 - Heat and furnishings for jail--Expense.
Section 24-11-12 - Appointment of jail physician--Physician's reports.
Section 24-11-13 - Officer in charge of jail--Conformance to policies and procedures.
Section 24-11-16 - Jail records to be maintained.
Section 24-11-19 - Separation of sexes.
Section 24-11-20 - Failure to separate sexes as misdemeanor.
Section 24-11-23 - Policies and procedures--Adoption--Contents.
Section 24-11-24 - Posting and distribution of policies and procedures.
Section 24-11-29 - Inmates requesting work.
Section 24-11-32.1 - Charge against work release pay for maintenance cost--Waiver by commissioners.
Section 24-11-33 - Crediting work against fine imposed.
Section 24-11-35 - Prevention of escape while working.
Section 24-11-36 - Protection of working prisoners from public annoyance.
Section 24-11-37 - Communication with working prisoner as petty offense.
Section 24-11-38 - Malfeasance by jail officials--Misdemeanor.
Section 24-11-42 - Requirements of contract for correctional facility.
Section 24-11-43 - Liability of private entity contracting for correctional facility.
Section 24-11-44 - Sections 24-11-39 to 24-11-43 liberally construed.
Section 24-11-45 - Prisoner liable for costs of confinement--Deferred payment plan or waiver.
Section 24-11-45.1 - County lien for costs of confinement.
Section 24-11-46 - Prisoner liable for fines, restitution, and obligation.
Section 24-11-48 - Delivery of prohibited items to inmate as misdemeanor or felony.
Section 24-11-49 - Involuntary treatment of prisoners with psychotropic medication.
Section 24-11-50 - Hearing prior to treatment--Panel--Rights of prisoner--Order--Appeal.
Section 24-11-51 - Periodic review of involuntary treatment.
Section 24-11-52 - Emergency involuntary treatment.
Section 24-11-53 - Records of involuntary treatment.
Section 24-11-54 - Immunity from liability for involuntary treatment.
Section 24-11-55 - Jail mental health screening pilot program.
Section 24-11-56 - Training to administer jail mental health screening tool.
Section 24-11-57 - Statewide mental health screening tool.
Section 24-11-58 - Annual report to oversight council.
Section 24-11-59 - Screening results provided to committing court.
Section 24-11-60 - Training on symptoms of mental health problems and defusing mental health crises.