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
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.