South Dakota Codified Laws
Chapter 11 - Jails
Section 24-11-43 - Liability of private entity contracting for correctional facility.

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.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 24 - Penal Institutions, Probation and Parole

Chapter 11 - Jails

Section 24-11-1 - Jail defined--Classification of jails.

Section 24-11-2 - Establishment of county jail at expense of county.

Section 24-11-3 - Counties without jails or juvenile detention facilities--Overcrowded or unsafe jails and facilities--Confinement in adjoining political subdivision--Expenses.

Section 24-11-4 - Agreements between political subdivisions for use of jails--Termination of agreement.

Section 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.

Section 24-11-4.2 - Annual prisoner rate for members--Additional compensation to sheriff--Daily prisoner rate for nonmembers.

Section 24-11-4.3 - Money collected for housing prisoners--Distribution to member operating facility and compact debts--Excess funds.

Section 24-11-5 - Confinement of fugitive from justice--Compensation.

Section 24-11-6 - Confinement of federal prisoners--Compensation--Penalty for violation.

Section 24-11-7 - Sheriff's calendar of federal prisoners in custody--Transmission to federal district judge--Allowance and payment for keeping prisoners.

Section 24-11-8 - Charges for prisoners confined by authority other than county in which jail located--Amount fixed by county--Special jail building fund.

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 24-11-14 - Removal of prisoners in case of fire--Alternate place of confinement not deemed escape.

Section 24-11-16 - Jail records to be maintained.

Section 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.

Section 24-11-19 - Separation of sexes.

Section 24-11-20 - Failure to separate sexes as misdemeanor.

Section 24-11-21 - Furnishing prisoner necessaries--Receipt of medical treatment as assignment of insurance proceeds, etc.--Unrecovered payments as lien.

Section 24-11-21.1 - Medical provider to submit claim for services to insurer before submitting claim to county.

Section 24-11-23 - Policies and procedures--Adoption--Contents.

Section 24-11-24 - Posting and distribution of policies and procedures.

Section 24-11-27 - Power of circuit judge to visit jail and make order--Violation of order as contempt.

Section 24-11-28 - Work required of certain prisoners--Determination by sentencing court whether prisoner should work--Particular work permissible.

Section 24-11-29 - Inmates requesting work.

Section 24-11-30 - Sentence for violation of state law--Work performed under direction of county board and for county.

Section 24-11-31 - Sentence for violation of local law--Labor performed under local governing body for its benefit.

Section 24-11-32 - Prisoner's compensation for work--Payment to dependents--Allowance by board of county commissioners.

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 24-11-39 - Municipality, county, or jail compact authorized to construct, lease, operate, purchase, maintain, or manage correctional facilities--Contract with private entity.

Section 24-11-40 - Contract for placement of inmates or prisoners--Certain private entities excepted.

Section 24-11-41 - Requests for proposals by public notice--Written approval of law enforcement official for contracts.

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 24-11-47 - Possession of alcoholic beverages, controlled substances, marijuana, or weapons as felony.

Section 24-11-47.1 - Possession of electronic communications devices, tobacco products, or other unauthorized items as misdemeanor.

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 24-11-59.1 - Admissibility and use of statement made during jail mental or physical health screening .

Section 24-11-60 - Training on symptoms of mental health problems and defusing mental health crises.