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Chapter 01 - Management Of State Penitentiary
Section 24-1-1 - Penitentiary as general state prison. - 24-1-1. Penitentiary as general state prison. The state penitentiary is...
Section 24-1-4 - Government of penitentiary by Department of Corrections. - 24-1-4. Government of penitentiary by Department of Corrections. The state...
Section 24-1-6 - Appointment and removal of warden. - 24-1-6. Appointment and removal of warden. The warden shall be...
Section 24-1-8 - Salary of warden. - 24-1-8. Salary of warden. The warden of the penitentiary shall...
Section 24-1-11 - Warden as general supervisor of other officers--Standards of personal conduct for officers and employees. - 24-1-11. Warden as general supervisor of other officers--Standards of personal...
Section 24-1-12 - Service of process within penitentiary--Officers exempt from jury duty. - 24-1-12. Service of process within penitentiary--Officers exempt from jury duty....
Section 24-1-13 - Warden as custodian of all penitentiary property. - 24-1-13. Warden as custodian of all penitentiary property. The warden,...
Section 24-1-16 - Penitentiary purchases. - 24-1-16. Penitentiary purchases. The warden may make all purchases for...
Section 24-1-25 - Penitentiary employees prohibited from having interest in penitentiary contracts or business. - 24-1-25. Penitentiary employees prohibited from having interest in penitentiary contracts...
Section 24-1-26 - Penitentiary employees prohibited from involvement in procuring clemencies. - 24-1-26. Penitentiary employees prohibited from involvement in procuring clemencies. No...
Section 24-1-26.1 - Sexual acts prohibited between prison employees and prisoners--Felony. - 24-1-26.1. Sexual acts prohibited between prison employees and prisoners--Felony. Any...
Section 24-1-27 - Disposition of body of dead inmate--Notice to next of kin. - 24-1-27. Disposition of body of dead inmate--Notice to next of...
Section 24-1-35 - Contract with local jail for custody and care of prisoners. - 24-1-35. Contract with local jail for custody and care of...
Section 24-1-36 - Notice to sentencing judge of inmate's change of status. - 24-1-36. Notice to sentencing judge of inmate's change of status....
Chapter 02 - Care And Discipline Of Penitentiary Inmates
Section 24-2-1 - Inmates under custody of warden--Delegation of powers. - 24-2-1. Inmates under custody of warden--Delegation of powers. All inmates...
Section 24-2-2 - Delivery of inmate to warden--Warden's receipt. - 24-2-2. Delivery of inmate to warden--Warden's receipt. If an inmate,...
Section 24-2-2.1 - Certified judgment containing certain information required for acceptance of delivery. - 24-2-2.1. Certified judgment containing certain information required for acceptance of...
Section 24-2-5 - Disposition of inmate's personal effects. - 24-2-5. Disposition of inmate's personal effects. All effects, except money,...
Section 24-2-6 - Maintenance of order--Prevention of escapes. - 24-2-6. Maintenance of order--Prevention of escapes. Officers and employees may...
Section 24-2-9 - Disciplinary sanctions authorized--Corporal punishment prohibited. - 24-2-9. Disciplinary sanctions authorized--Corporal punishment prohibited. Any inmate violating the...
Section 24-2-10 - Unauthorized injury to inmate--Punishment. - 24-2-10. Unauthorized injury to inmate--Punishment. Any person sentenced to imprisonment...
Section 24-2-12 - Punitive confinement--Forfeiture of good conduct time. - 24-2-12. Punitive confinement--Forfeiture of good conduct time. Any inmate against...
Section 24-2-12.1 - Earning back forfeited good conduct time. - 24-2-12.1. Earning back forfeited good conduct time. Any inmate having...
Section 24-2-12.2 - Restoration of good conduct time. - 24-2-12.2. Restoration of good conduct time. Upon the recommendation of...
Section 24-2-14 - Alcoholic beverages, drugs, weapons, or articles of indulgence prohibited--Exception--Felony. - 24-2-14. Alcoholic beverages, drugs, weapons, or articles of indulgence prohibited--Exception--Felony....
Section 24-2-15 - Diminution of period of confinement for good behavior, failing health, or other reason in the interest of justice. - 24-2-15. Diminution of period of confinement for good behavior, failing...
Section 24-2-17 - Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record. - 24-2-17. Record of inmate conduct and infractions--Notice--Challenge to findings or...
Section 24-2-18 - Warden's recommendation respecting good conduct time--Hearing and decision by secretary. - 24-2-18. Warden's recommendation respecting good conduct time--Hearing and decision by...
Section 24-2-19 - Documentation of pertinent information regarding inmates. - 24-2-19. Documentation of pertinent information regarding inmates. Written documentation shall...
Section 24-2-20 - Records and information furnished court, secretary, board, or Governor--Information that may be released for certain other purposes. - 24-2-20. Records and information furnished court, secretary, board, or Governor--Information...
Section 24-2-20.1 - Governmental entities defined. - 24-2-20.1. Governmental entities defined. As used in §24-2-20, the term,...
Section 24-2-22 - Possession of unauthorized articles with intent to deliver to prisoner as felony. - 24-2-22. Possession of unauthorized articles with intent to deliver to...
Section 24-2-25 - Extension of confinement limits to permit visits to designated places. - 24-2-25. Extension of confinement limits to permit visits to designated...
Section 24-2-26 - Confiscation and disposition of unauthorized articles and money in inmate's possession. - 24-2-26. Confiscation and disposition of unauthorized articles and money in...
Section 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. - 24-2-27. Facilities, programs, or services outside penitentiary--Contracts with other agencies...
Section 24-2-27.1 - Halfway house defined. - 24-2-27.1. Halfway house defined. The term, halfway house, means a...
Section 24-2-28 - Costs of confinement and services--Liability of inmate. - 24-2-28. Costs of confinement and services--Liability of inmate. Each inmate...
Section 24-2-29 - Inmate's liability for court-ordered fines, costs, fees, sanctions, and restitution and obligations incurred under Department of Corrections jurisdiction--Disbursement from inmate's account. - 24-2-29. Inmate's liability for court-ordered fines, costs, fees, sanctions, and...
Section 24-2-29.1 - Rules authorizing sanctions for inmate abuse of court system. - 24-2-29.1. Rules authorizing sanctions for inmate abuse of court system....
Section 24-2-30 - Policy on inmate work. - 24-2-30. Policy on inmate work. It is the policy of...
Section 24-2-31 - Contracts for inmate health care services exempt from state insurance regulations. - 24-2-31. Contracts for inmate health care services exempt from state...
Section 24-2-32 - Involuntary treatment with psychotropic medication for severe mental illness. - 24-2-32. Involuntary treatment with psychotropic medication for severe mental illness....
Section 24-2-33 - Hearing required prior to treatment with psychotropic medication. - 24-2-33. Hearing required prior to treatment with psychotropic medication. Prior...
Section 24-2-34 - Periodic review of psychotropic treatment. - 24-2-34. Periodic review of psychotropic treatment. If involuntary treatment of...
Section 24-2-35 - Emergency treatment with psychotropic medication. - 24-2-35. Emergency treatment with psychotropic medication. In an emergency, involuntary...
Section 24-2-36 - Records of involuntary treatment with psychotropic medication. - 24-2-36. Records of involuntary treatment with psychotropic medication. The Department...
Section 24-2-37 - Training on symptoms of mental health problems and defusing mental health crises. - 24-2-37. Training on symptoms of mental health problems and defusing...
Chapter 04 - Employment Of Penitentiary Inmates
Section 24-4-7 - Inmate employment on any state work--Provisions for control. - 24-4-7. Inmate employment on any state work--Provisions for control. Inmate...
Section 24-4-8 - Report by custodian of an inmate's unauthorized absence--Return of inmate. - 24-4-8. Report by custodian of an inmate's unauthorized absence--Return of...
Section 24-4-9 - Inmates' compensation authorized. - 24-4-9. Inmates' compensation authorized. The warden may authorize monetary compensation...
Chapter 05 - Discharge Of Inmates From Penitentiary
Section 24-5-1 - Graduated scale of reductions from sentence for good conduct. - 24-5-1. Graduated scale of reductions from sentence for good conduct....
Section 24-5-2 - Restoration to citizenship on discharge--Certificate issued by secretary of corrections--Copy to clerk of court. - 24-5-2. Restoration to citizenship on discharge--Certificate issued by secretary of...
Section 24-5-3 - Clothing, money, and transportation provided on discharge. - 24-5-3. Clothing, money, and transportation provided on discharge. Every inmate,...
Section 24-5-5 - Funds in inmate's institutional accounts upon discharge, death, or escape--Application--Refund. - 24-5-5. Funds in inmate's institutional accounts upon discharge, death, or...
Section 24-5-6 - Closing of inmate's institutional account with negative balance. - 24-5-6. Closing of inmate's institutional account with negative balance. If...
Section 24-5-7 - Board authorized to grant early final discharge from supervision--Certificate of discharge--Prisoner not entitled to early discharge. - 24-5-7. Board authorized to grant early final discharge from supervision--Certificate...
Chapter 06A - Mike Durfee State Prison
Section 24-6A-1 - Mike Durfee State Prison. - 24-6A-1. Mike Durfee State Prison. The Mike Durfee State Prison,...
Chapter 07 - State Prison Industries
Section 24-7-1 - State prison industries--Operation--New industry. - 24-7-1. State prison industries--Operation--New industry. The South Dakota State Prison...
Section 24-7-3 - Furnishing prison labor to private enterprise authorized--Rules. - 24-7-3. Furnishing prison labor to private enterprise authorized--Rules. The Department...
Section 24-7-4 - General supervision by secretary of corrections. - 24-7-4. General supervision by secretary of corrections. The prison industries...
Section 24-7-5 - Appointment of director of prison industries. - 24-7-5. Appointment of director of prison industries. The secretary of...
Section 24-7-6 - Use of inmate labor--Wages. - 24-7-6. Use of inmate labor--Wages. The director of prison industries...
Section 24-7-7 - Prison industries revolving fund moneys available. - 24-7-7. Prison industries revolving fund moneys available. The prison industries...
Section 24-7-8 - Separate account for each prison industry. - 24-7-8. Separate account for each prison industry. Separate accounts shall...
Section 24-7-10 - Director as custodian of all moneys and property--Duty to keep accounts--Authority to install accounting systems--Bond required. - 24-7-10. Director as custodian of all moneys and property--Duty to...
Section 24-7-15 - Contracts by director of prison industries with approval of secretary. - 24-7-15. Contracts by director of prison industries with approval of...
Section 24-7-16 - Sale of products. - 24-7-16. Sale of products. The director of prison industries shall...
Section 24-7-32 - State departments required to purchase from license plant--License plant required to sell at cost. - 24-7-32. State departments required to purchase from license plant--License plant...
Section 24-7-33 - Payment for goods--Disposition of moneys. - 24-7-33. Payment for goods--Disposition of moneys. Any state department contracting...
Section 24-7-37 - Annual report of activities of prison industries. - 24-7-37. Annual report of activities of prison industries. The secretary...
Chapter 08 - Work Release Programs
Section 24-8-1 - Conditional release of penitentiary inmates--Continued supervision and paid employment--Educational programs--Termination of release. - 24-8-1. Conditional release of penitentiary inmates--Continued supervision and paid employment--Educational...
Section 24-8-3 - Confinement during nonwork periods. - 24-8-3. Confinement during nonwork periods. Any inmate released pursuant to...
Section 24-8-4 - Participation by other correctional institutions--Agreements with other state agencies for housing employed inmates. - 24-8-4. Participation by other correctional institutions--Agreements with other state agencies...
Section 24-8-5 - Rules for administration of release program. - 24-8-5. Rules for administration of release program. The Department of...
Section 24-8-6 - Failure of inmate to report constitutes escape. - 24-8-6. Failure of inmate to report constitutes escape. The failure...
Section 24-8-8 - Disposition of inmate's earnings. - 24-8-8. Disposition of inmate's earnings. The earnings of inmates released...
Section 24-8-9 - Disbursements to defray inmate's obligations--Priority of disbursements. - 24-8-9. Disbursements to defray inmate's obligations--Priority of disbursements. The Department...
Section 24-8-9.1 - Operation of motor vehicle by inmate. - 24-8-9.1. Operation of motor vehicle by inmate. No inmate engaged...
Section 24-8-10 - Earnings exempt from seizure. - 24-8-10. Earnings exempt from seizure. The earnings of inmates under...
Section 24-8-11 - Charges for room and board--Disposition of amounts received. - 24-8-11. Charges for room and board--Disposition of amounts received. The...
Section 24-8-13 - Conditionally released inmate not agent of state. - 24-8-13. Conditionally released inmate not agent of state. No inmate...
Chapter 11 - Jails
Section 24-11-1 - Jail defined--Classification of jails. - 24-11-1. Jail defined--Classification of jails. The term, jail, as used...
Section 24-11-2 - Establishment of county jail at expense of county. - 24-11-2. Establishment of county jail at expense of county. There...
Section 24-11-3 - Counties without jails or juvenile detention facilities--Overcrowded or unsafe jails and facilities--Confinement in adjoining political subdivision--Expenses. - 24-11-3. Counties without jails or juvenile detention facilities--Overcrowded or unsafe...
Section 24-11-4 - Agreements between political subdivisions for use of jails--Termination of agreement. - 24-11-4. Agreements between political subdivisions for use of jails--Termination of...
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. - 24-11-4.1. Creation of area jail or juvenile detention facility compact--Liquidated...
Section 24-11-4.2 - Annual prisoner rate for members--Additional compensation to sheriff--Daily prisoner rate for nonmembers. - 24-11-4.2. Annual prisoner rate for members--Additional compensation to sheriff--Daily prisoner...
Section 24-11-4.3 - Money collected for housing prisoners--Distribution to member operating facility and compact debts--Excess funds. - 24-11-4.3. Money collected for housing prisoners--Distribution to member operating facility...
Section 24-11-5 - Confinement of fugitive from justice--Compensation. - 24-11-5. Confinement of fugitive from justice--Compensation. Any county jail may...
Section 24-11-6 - Confinement of federal prisoners--Compensation--Penalty for violation. - 24-11-6. Confinement of federal prisoners--Compensation--Penalty for violation. All sheriffs or...
Section 24-11-7 - Sheriff's calendar of federal prisoners in custody--Transmission to federal district judge--Allowance and payment for keeping prisoners. - 24-11-7. Sheriff's calendar of federal prisoners in custody--Transmission to federal...
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. - 24-11-8. Charges for prisoners confined by authority other than county...
Section 24-11-10 - Required fireproofing for designated jail. - 24-11-10. Required fireproofing for designated jail. All buildings designed for...
Section 24-11-11 - Heat and furnishings for jail--Expense. - 24-11-11. Heat and furnishings for jail--Expense. The board of county...
Section 24-11-12 - Appointment of jail physician--Physician's reports. - 24-11-12. Appointment of jail physician--Physician's reports. The board of county...
Section 24-11-13 - Officer in charge of jail--Conformance to policies and procedures. - 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. - 24-11-14. Removal of prisoners in case of fire--Alternate place of...
Section 24-11-16 - Jail records to be maintained. - 24-11-16. Jail records to be maintained. The sheriff or other...
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. - 24-11-17. Duty of sheriff to keep commitment orders and like...
Section 24-11-19 - Separation of sexes. - 24-11-19. Separation of sexes. All jails shall confine persons of...
Section 24-11-20 - Failure to separate sexes as misdemeanor. - 24-11-20. Failure to separate sexes as misdemeanor. It is a...
Section 24-11-21 - Furnishing prisoner necessaries--Receipt of medical treatment as assignment of insurance proceeds, etc.--Unrecovered payments as lien. - 24-11-21. Furnishing prisoner necessaries--Receipt of medical treatment as assignment of...
Section 24-11-21.1 - Medical provider to submit claim for services to insurer before submitting claim to county. - 24-11-21.1. Medical provider to submit claim for services to insurer...
Section 24-11-23 - Policies and procedures--Adoption--Contents. - 24-11-23. Policies and procedures--Adoption--Contents. The governing body or commission responsible...
Section 24-11-24 - Posting and distribution of policies and procedures. - 24-11-24. Posting and distribution of policies and procedures. The sheriff...
Section 24-11-27 - Power of circuit judge to visit jail and make order--Violation of order as contempt. - 24-11-27. Power of circuit judge to visit jail and make...
Section 24-11-28 - Work required of certain prisoners--Determination by sentencing court whether prisoner should work--Particular work permissible. - 24-11-28. Work required of certain prisoners--Determination by sentencing court whether...
Section 24-11-29 - Inmates requesting work. - 24-11-29. Inmates requesting work. All persons confined in any jail...
Section 24-11-30 - Sentence for violation of state law--Work performed under direction of county board and for county. - 24-11-30. Sentence for violation of state law--Work performed under direction...
Section 24-11-31 - Sentence for violation of local law--Labor performed under local governing body for its benefit. - 24-11-31. Sentence for violation of local law--Labor performed under local...
Section 24-11-32 - Prisoner's compensation for work--Payment to dependents--Allowance by board of county commissioners. - 24-11-32. Prisoner's compensation for work--Payment to dependents--Allowance by board of...
Section 24-11-32.1 - Charge against work release pay for maintenance cost--Waiver by commissioners. - 24-11-32.1. Charge against work release pay for maintenance cost--Waiver by...
Section 24-11-33 - Crediting work against fine imposed. - 24-11-33. Crediting work against fine imposed. In addition to the...
Section 24-11-35 - Prevention of escape while working. - 24-11-35. Prevention of escape while working. The officer in charge...
Section 24-11-36 - Protection of working prisoners from public annoyance. - 24-11-36. Protection of working prisoners from public annoyance. The officer...
Section 24-11-37 - Communication with working prisoner as petty offense. - 24-11-37. Communication with working prisoner as petty offense. Any person...
Section 24-11-38 - Malfeasance by jail officials--Misdemeanor. - 24-11-38. Malfeasance by jail officials--Misdemeanor. Any officer or person having...
Section 24-11-39 - Municipality, county, or jail compact authorized to construct, lease, operate, purchase, maintain, or manage correctional facilities--Contract with private entity. - 24-11-39. Municipality, county, or jail compact authorized to construct, lease,...
Section 24-11-40 - Contract for placement of inmates or prisoners--Certain private entities excepted. - 24-11-40. Contract for placement of inmates or prisoners--Certain private entities...
Section 24-11-41 - Requests for proposals by public notice--Written approval of law enforcement official for contracts. - 24-11-41. Requests for proposals by public notice--Written approval of law...
Section 24-11-42 - Requirements of contract for correctional facility. - 24-11-42. Requirements of contract for correctional facility. A contract made...
Section 24-11-43 - Liability of private entity contracting for correctional facility. - 24-11-43. Liability of private entity contracting for correctional facility. A...
Section 24-11-44 - Sections 24-11-39 to 24-11-43 liberally construed. - 24-11-44. Sections 24-11-39 to 24-11-43 liberally construed. Sections 24-11-39 to...
Section 24-11-45 - Prisoner liable for costs of confinement--Deferred payment plan or waiver. - 24-11-45. Prisoner liable for costs of confinement--Deferred payment plan or...
Section 24-11-45.1 - County lien for costs of confinement. - 24-11-45.1. County lien for costs of confinement. If any county...
Section 24-11-46 - Prisoner liable for fines, restitution, and obligation. - 24-11-46. Prisoner liable for fines, restitution, and obligation. A prisoner...
Section 24-11-47 - Possession of alcoholic beverages, controlled substances, marijuana, or weapons as felony. - 24-11-47. Possession of alcoholic beverages, controlled substances, marijuana, or weapons...
Section 24-11-47.1 - Possession of electronic communications devices, tobacco products, or other unauthorized items as misdemeanor. - 24-11-47.1. Possession of electronic communications devices, tobacco products, or other...
Section 24-11-48 - Delivery of prohibited items to inmate as misdemeanor or felony. - 24-11-48. Delivery of prohibited items to inmate as misdemeanor or...
Section 24-11-49 - Involuntary treatment of prisoners with psychotropic medication. - 24-11-49. Involuntary treatment of prisoners with psychotropic medication. A prisoner...
Section 24-11-50 - Hearing prior to treatment--Panel--Rights of prisoner--Order--Appeal. - 24-11-50. Hearing prior to treatment--Panel--Rights of prisoner--Order--Appeal. Prior to involuntary...
Section 24-11-51 - Periodic review of involuntary treatment. - 24-11-51. Periodic review of involuntary treatment. If the involuntary treatment...
Section 24-11-52 - Emergency involuntary treatment. - 24-11-52. Emergency involuntary treatment. In an emergency, involuntary treatment of...
Section 24-11-53 - Records of involuntary treatment. - 24-11-53. Records of involuntary treatment. The county sheriff shall maintain...
Section 24-11-54 - Immunity from liability for involuntary treatment. - 24-11-54. Immunity from liability for involuntary treatment. No person who...
Section 24-11-55 - Jail mental health screening pilot program. - 24-11-55. Jail mental health screening pilot program. The South Dakota...
Section 24-11-56 - Training to administer jail mental health screening tool. - 24-11-56. Training to administer jail mental health screening tool. The...
Section 24-11-57 - Statewide mental health screening tool. - 24-11-57. Statewide mental health screening tool. The South Dakota Sheriffs'...
Section 24-11-58 - Annual report to oversight council. - 24-11-58. Annual report to oversight council. Each jail shall report...
Section 24-11-59 - Screening results provided to committing court. - 24-11-59. Screening results provided to committing court. Any jail using...
Section 24-11-59.1 - Admissibility and use of statement made during jail mental or physical health screening . - 24-11-59.1. Admissibility and use of statement made during jail mental...
Section 24-11-60 - Training on symptoms of mental health problems and defusing mental health crises. - 24-11-60. Training on symptoms of mental health problems and defusing...
Chapter 11B - Prisoner Involuntary Feeding and Hydration
Section 24-11B-1 - Prisoner involuntary feeding or hydration--Determination of severe harm--Exceptions. - 24-11B-1. Prisoner involuntary feeding or hydration--Determination of severe harm--Exceptions. The...
Section 24-11B-2 - Hearing before panel--Panel members--Prisoner rights. - 24-11B-2. Hearing before panel--Panel members--Prisoner rights. Prior to involuntary feeding...
Section 24-11B-3 - Duties and powers of hearing panel. - 24-11B-3. Duties and powers of hearing panel. The hearing panel:...
Section 24-11B-4 - Order upon majority vote of panel--Written decision--Appeals. - 24-11B-4. Order upon majority vote of panel--Written decision--Appeals. The panel...
Section 24-11B-5 - Emergency involuntary feeding or hydration without panel review--Limitation. - 24-11B-5. Emergency involuntary feeding or hydration without panel review--Limitation. In...
Section 24-11B-6 - Continuation of feeding or hydration--Determination by physician. - 24-11B-6. Continuation of feeding or hydration--Determination by physician. If involuntary...
Section 24-11B-7 - Records--Content. - 24-11B-7. Records--Content. A jail or prison shall maintain records of...
Section 24-11B-8 - Liability for involuntary feeding or hydration of prisoner. - 24-11B-8. Liability for involuntary feeding or hydration of prisoner. No...
Chapter 12A - Escapee Recapture Expenses
Section 24-12A-1 - State reimbursement of county for expense of recapture of escapees from Department of Corrections' custody. - 24-12A-1. State reimbursement of county for expense of recapture of...
Section 24-12A-2 - Voucher and warrant for state reimbursement of county. - 24-12A-2. Voucher and warrant for state reimbursement of county. In...
Chapter 13 - Board Of Pardons And Paroles
Section 24-13-1 - Composition of board--Appointment of members. - 24-13-1. Composition of board--Appointment of members. The Board of Pardons...
Section 24-13-2 - Terms of board members--Vacancies--Training. - 24-13-2. Terms of board members--Vacancies--Training. The members of the board...
Section 24-13-3 - Direction and supervision of Board of Pardons and Paroles--Records and reports--Coordination of programs. - 24-13-3. Direction and supervision of Board of Pardons and Paroles--Records...
Section 24-13-4 - Chair of board--Meetings. - 24-13-4. Chair of board--Meetings. At the first meeting in each...
Section 24-13-4.1 - Quorum. - 24-13-4.1. Quorum. A majority of the members shall constitute a...
Section 24-13-5 - Compensation and expenses of board members. - 24-13-5. Compensation and expenses of board members. Each member of...
Section 24-13-6 - Meetings at department facilities to consider clemency and paroles--Facilities--Cooperation by penitentiary personnel. - 24-13-6. Meetings at department facilities to consider clemency and paroles--Facilities--Cooperation...
Section 24-13-7 - Procedural rules of board--Consideration in granting or denying parole. - 24-13-7. Procedural rules of board--Consideration in granting or denying parole....
Section 24-13-8 - Board process for witnesses and evidence--Administration of oaths. - 24-13-8. Board process for witnesses and evidence--Administration of oaths. The...
Section 24-13-9 - Appointment and salary of executive director. - 24-13-9. Appointment and salary of executive director. The secretary of...
Section 24-13-10 - Duties of executive director. - 24-13-10. Duties of executive director. The executive director shall: (1)Keep...
Section 24-13-11 - Hearings by teleconference--Electronic document transfer. - 24-13-11. Hearings by teleconference--Electronic document transfer. The Board of Pardons...
Section 24-13-12 - Inapplicability of certain evidence rules. - 24-13-12. Inapplicability of certain evidence rules. The provisions of articles...
Section 24-13-13 - Former board member service as auxiliary member. - 24-13-13. Former board member service as auxiliary member. A former...
Section 24-13-14 - Restrictions on service of auxiliary member. - 24-13-14. Restrictions on service of auxiliary member. No more than...
Section 24-13-15 - Maximum number of members conducting hearing or taking action. - 24-13-15. Maximum number of members conducting hearing or taking action....
Section 24-13-16 - Auxiliary member not to serve as chair. - 24-13-16. Auxiliary member not to serve as chair. No auxiliary...
Chapter 14 - Executive Clemency
Section 24-14-1 - Delegation of authority by Governor. - 24-14-1. Delegation of authority by Governor. The Governor may, by...
Section 24-14-2 - Forms of clemency. - 24-14-2. Forms of clemency. The term, clemency, means either a...
Section 24-14-3 - Notice to prosecuting attorney, sentencing judge, attorney general, and law enforcement of hearing for clemency. - 24-14-3. Notice to prosecuting attorney, sentencing judge, attorney general, and...
Section 24-14-4 - Publication of notice of application for clemency. - 24-14-4. Publication of notice of application for clemency. Any applicant...
Section 24-14-5 - Submission to board of applications for clemency--Governor not bound by board recommendations. - 24-14-5. Submission to board of applications for clemency--Governor not bound...
Section 24-14-6 - Appearance before board to object to recommendation for clemency. - 24-14-6. Appearance before board to object to recommendation for clemency....
Section 24-14-7 - Recommendation for clemency to be in writing--Record of findings and reasons. - 24-14-7. Recommendation for clemency to be in writing--Record of findings...
Section 24-14-8 - Application for exceptional pardon--Persons eligible. - 24-14-8. Application for exceptional pardon--Persons eligible. Upon the expiration of...
Section 24-14-9 - Notice requirements on application for exceptional pardon--Reference by Governor. - 24-14-9. Notice requirements on application for exceptional pardon--Reference by Governor....
Section 24-14-10 - Recommendations for exceptional pardon. - 24-14-10. Recommendations for exceptional pardon. The Board of Pardons and...
Section 24-14-11 - Effects of pardon--Disabilities removed--Records sealed--Filing of document making pardon public--Failure to acknowledge proceedings not perjury--Prior conviction for habitual offender law. - 24-14-11. Effects of pardon--Disabilities removed--Records sealed--Filing of document making pardon...
Section 24-14-12 - Application of § 22-14-15 to person granted pardon by Governor. - 24-14-12. Application of §22-14-15 to person granted pardon by Governor....
Chapter 15 - Paroles From The Penitentiary
Section 24-15-1 - Files and case histories of inmates--Purposes--Access to file. - 24-15-1. Files and case histories of inmates--Purposes--Access to file. If...
Section 24-15-1.1 - Parole defined--Prisoner not required to accept parole--No right to parole. - 24-15-1.1. Parole defined--Prisoner not required to accept parole--No right to...
Section 24-15-1.2 - Prior felonies--Determination and effect on parole eligibility. - 24-15-1.2. Prior felonies--Determination and effect on parole eligibility. The determination...
Section 24-15-2 - Contents and sources for case histories. - 24-15-2. Contents and sources for case histories. The executive director...
Section 24-15-3 - Establishment of date of parole consideration eligibility--Change--Hearing--Completion of history--Findings regarding inmate. - 24-15-3. Establishment of date of parole consideration eligibility--Change--Hearing--Completion of history--Findings...
Section 24-15-4 - Inmate sentenced to life imprisonment ineligible for parole--Exception. - 24-15-4. Inmate sentenced to life imprisonment ineligible for parole--Exception. No...
Section 24-15-5 - Time of eligibility for parole. - 24-15-5. Time of eligibility for parole. An inmate is eligible...
Section 24-15-6 - Effect of concurrent sentences on eligibility for parole. - 24-15-6. Effect of concurrent sentences on eligibility for parole. In...
Section 24-15-7 - Effect of consecutive sentences on eligibility for consideration for parole. - 24-15-7. Effect of consecutive sentences on eligibility for consideration for...
Section 24-15-7.1 - Effect of consecutive sentence for offense committed as an inmate. - 24-15-7.1. Effect of consecutive sentence for offense committed as an...
Section 24-15-8 - Right of eligible inmate to hearing before board--Decline of parole--Waiver of hearing--Criteria for parole. - 24-15-8. Right of eligible inmate to hearing before board--Decline of...
Section 24-15-9 - Transfer of inmate to Human Services Center--Return to penitentiary. - 24-15-9. Transfer of inmate to Human Services Center--Return to penitentiary....
Section 24-15-10 - Waiting period for new application after denial of parole or clemency. - 24-15-10. Waiting period for new application after denial of parole...
Section 24-15-11 - Restrictions on parolee--Bond--Restitution--Child support--Supervision fees. - 24-15-11. Restrictions on parolee--Bond--Restitution--Child support--Supervision fees. The board may place...
Section 24-15-11.1 - Substituting community service for supervision fees. - 24-15-11.1. Substituting community service for supervision fees. The Board of...
Section 24-15-11.2 - Revenue to general fund. - 24-15-11.2. Revenue to general fund. Any revenue collected pursuant to...
Section 24-15-11.3 - Promulgation of rules establishing supervision fees. - 24-15-11.3. Promulgation of rules establishing supervision fees. The Department of...
Section 24-15-12 - Clothing and travel expense for parolee. - 24-15-12. Clothing and travel expense for parolee. When the Board...
Section 24-15-13 - Legal custody of parolee--Conviction remains in effect. - 24-15-13. Legal custody of parolee--Conviction remains in effect. Each parolee...
Section 24-15-14 - Supervision of parolees--Employment of personnel. - 24-15-14. Supervision of parolees--Employment of personnel. The Department of Corrections...
Section 24-15-15 - Out-of-state employment of parolee--Supervision by other state--State laws remaining applicable. - 24-15-15. Out-of-state employment of parolee--Supervision by other state--State laws remaining...
Section 24-15-16 - Interstate agreements for supervision and return of parolees unimpaired. - 24-15-16. Interstate agreements for supervision and return of parolees unimpaired....
Section 24-15-19 - Powers of Department of Corrections when purposes of parole not being served. - 24-15-19. Powers of Department of Corrections when purposes of parole...
Section 24-15-20 - Order to show cause against parole revocation--Grounds. - 24-15-20. Order to show cause against parole revocation--Grounds. The executive...
Section 24-15-21 - Director's warrant to arrest parolee or inmate--Suspension of parole supervision time--Time credited. - 24-15-21. Director's warrant to arrest parolee or inmate--Suspension of parole...
Section 24-15-22 - Records and report to board on return of parolee to penitentiary. - 24-15-22. Records and report to board on return of parolee...
Section 24-15-23 - Preliminary hearing on parole violation--Waiver of preliminary hearing--Detention for board hearing--Waiver of appearance at revocation hearing. - 24-15-23. Preliminary hearing on parole violation--Waiver of preliminary hearing--Detention for...
Section 24-15-23.1 - Preliminary hearing on parole violation not required under certain conditions. - 24-15-23.1. Preliminary hearing on parole violation not required under certain...
Section 24-15-23.2 - Failure to provide preliminary hearing prior to return to facility--Hearing required after return. - 24-15-23.2. Failure to provide preliminary hearing prior to return to...
Section 24-15-24 - Revocation or modification of parole. - 24-15-24. Revocation or modification of parole. If the Board of...
Section 24-15-25 - Parole of mentally ill inmate--Continuation of treatment as condition. - 24-15-25. Parole of mentally ill inmate--Continuation of treatment as condition....
Section 24-15-26 - Arrest of parolee--Notification to executive director. - 24-15-26. Arrest of parolee--Notification to executive director. If the Department...
Section 24-15-27 - Request to modify parole agreement. - 24-15-27. Request to modify parole agreement. If the parolee, the...
Section 24-15-28 - Reimbursement of county for expenses incurred in detention of parole violator. - 24-15-28. Reimbursement of county for expenses incurred in detention of...
Section 24-15-29 - Voucher to claim reimbursement for county's expenses in detaining parole violator--Limit on amount. - 24-15-29. Voucher to claim reimbursement for county's expenses in detaining...
Section 24-15-30 - Written waiver of right to hearing or appearance. - 24-15-30. Written waiver of right to hearing or appearance. A...
Chapter 15A - Adult Prison Parole System
Section 24-15A-1 - Application of chapter. - 24-15A-1. Application of chapter. The provisions of this chapter do...
Section 24-15A-2 - Definition of terms. - 24-15A-2. Definition of terms. Terms used in this chapter mean:...
Section 24-15A-3 - Crimes committed after July 1, 1996 . - 24-15A-3. Crimes committed after July 1, 1996 . The provisions...
Section 24-15A-4 - Disciplinary sanctions--Corporal punishment. - 24-15A-4. Disciplinary sanctions--Corporal punishment. Any inmate violating the rules or...
Section 24-15A-5 - Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record. - 24-15A-5. Record of inmate conduct and infractions--Notice--Challenge to findings or...
Section 24-15A-6 - Sentence discharge dates--Jurisdiction over inmate. - 24-15A-6. Sentence discharge dates--Jurisdiction over inmate. The department shall establish...
Section 24-15A-7 - Status of inmate upon discharge--Certificate to inmate upon discharge or parole--Mailing to clerk of court. - 24-15A-7. Status of inmate upon discharge--Certificate to inmate upon discharge...
Section 24-15A-8 - Early final discharge--Certificate of discharge. - 24-15A-8. Early final discharge--Certificate of discharge. Upon recommendation of the...
Section 24-15A-8.1 - Partial early final discharge. - 24-15A-8.1. Partial early final discharge. Upon the recommendation of the...
Section 24-15A-9 - Designation of hearing officers--Written recommendation. - 24-15A-9. Designation of hearing officers--Written recommendation. The chair of the...
Section 24-15A-10 - Designation of panels to conduct hearings--Final action. - 24-15A-10. Designation of panels to conduct hearings--Final action. The chair...
Section 24-15A-11 - Parole and clemency--Concurrence by panel or board. - 24-15A-11. Parole and clemency--Concurrence by panel or board. No person...
Section 24-15A-11.1 - Appeal of panel's decisions--Authority of panel. - 24-15A-11.1. Appeal of panel's decisions--Authority of panel. No decision made...
Section 24-15A-11.2 - Review of denial of pardon recommendation. - 24-15A-11.2. Review of denial of pardon recommendation. A denial of...
Section 24-15A-12 - Parole hearings. - 24-15A-12. Parole hearings. The board shall meet in open session...
Section 24-15A-13 - Duties of executive director of board. - 24-15A-13. Duties of executive director of board. The executive director...
Section 24-15A-14 - File containing history of inmate--Purposes--Access to file. - 24-15A-14. File containing history of inmate--Purposes--Access to file. If a...
Section 24-15A-15 - Parole. - 24-15A-15. Parole. Parole is the conditional release of an inmate...
Section 24-15A-16 - Determination of whether prior offense constitutes felony--Effect of determination. - 24-15A-16. Determination of whether prior offense constitutes felony--Effect of determination....
Section 24-15A-16.1 - Suspended imposition of sentence--Effect on parole eligibility. - 24-15A-16.1. Suspended imposition of sentence--Effect on parole eligibility. If a...
Section 24-15A-17 - Preparation for parole hearing. - 24-15A-17. Preparation for parole hearing. The executive director of the...
Section 24-15A-18 - Concurrent sentencing--Determination of initial parole date. - 24-15A-18. Concurrent sentencing--Determination of initial parole date. In the determination...
Section 24-15A-19 - Consecutive sentencing--Determination of initial parole date. - 24-15A-19. Consecutive sentencing--Determination of initial parole date. In the determination...
Section 24-15A-20 - Consecutive sentencing--Parole eligibility. - 24-15A-20. Consecutive sentencing--Parole eligibility. If a person is convicted of...
Section 24-15A-23 - Application for clemency. - 24-15A-23. Application for clemency. An application for clemency may not...
Section 24-15A-23.1 - Eligibility for clemency. - 24-15A-23.1. Eligibility for clemency. An inmate is ineligible to apply...
Section 24-15A-24 - Restrictions on parolee--Bond--Restitution--Child support--Supervision fees. - 24-15A-24. Restrictions on parolee--Bond--Restitution--Child support--Supervision fees. The board and the...
Section 24-15A-25 - Parolee release--Necessities. - 24-15A-25. Parolee release--Necessities. If an inmate is released on parole,...
Section 24-15A-26 - Parolee release to other state--Supervision. - 24-15A-26. Parolee release to other state--Supervision. The board and the...
Section 24-15A-27 - Show cause parole revocation order. - 24-15A-27. Show cause parole revocation order. The executive director of...
Section 24-15A-28 - Revocation or modification of parole. - 24-15A-28. Revocation or modification of parole. If the board is...
Section 24-15A-29 - Discretionary parole date on revocation--Conditions--Discretionary hearings. - 24-15A-29. Discretionary parole date on revocation--Conditions--Discretionary hearings. The board shall...
Section 24-15A-29.1 - Parole date on revocation prior to release. - 24-15A-29.1. Parole date on revocation prior to release. If a...
Section 24-15A-30 - Parole release of inmate requiring treatment. - 24-15A-30. Parole release of inmate requiring treatment. If an inmate...
Section 24-15A-31 - Modification of parole agreement. - 24-15A-31. Modification of parole agreement. If the parolee or the...
Section 24-15A-32 - Establishment of initial parole date--Calculation of parole date--Certain crimes deemed violent for purposes of parole--Minimum time to be served . - 24-15A-32. Establishment of initial parole date--Calculation of parole date--Certain crimes...
Section 24-15A-32.1 - Withholding of parole eligibility of sex offender based upon history, treatment, and risk factors. - 24-15A-32.1. Withholding of parole eligibility of sex offender based upon...
Section 24-15A-33 - Change in initial parole date. - 24-15A-33. Change in initial parole date. An inmate's initial parole...
Section 24-15A-34 - Individual program directives for inmates. - 24-15A-34. Individual program directives for inmates. Within thirty days of...
Section 24-15A-35 - Notification of inmate's substantive compliance, noncompliance, or undetermined compliance with program directive. - 24-15A-35. Notification of inmate's substantive compliance, noncompliance, or undetermined compliance...
Section 24-15A-36 - Inmate to submit parole release plan. - 24-15A-36. Inmate to submit parole release plan. At least thirty...
Section 24-15A-37 - Parole agreement on conditions of supervision. - 24-15A-37. Parole agreement on conditions of supervision. As a condition...
Section 24-15A-38 - Inmate release to parole supervision--Conditions. - 24-15A-38. Inmate release to parole supervision--Conditions. Each inmate shall be...
Section 24-15A-39 - Hearing to determine compliance with parole release standards--Waiver of appearance--Determinations of board--Discretionary hearings. - 24-15A-39. Hearing to determine compliance with parole release standards--Waiver of...
Section 24-15A-40 - Right of review. - 24-15A-40. Right of review. Any inmate objecting to conditions of...
Section 24-15A-41 - Subsequent parole after hearing. - 24-15A-41. Subsequent parole after hearing. Any inmate not released at...
Section 24-15A-41.1 - Parole of inmate to custody of another state or federal jurisdiction. - 24-15A-41.1. Parole of inmate to custody of another state or...
Section 24-15A-42 - Procedural rules--Parole release standards. - 24-15A-42. Procedural rules--Parole release standards. Pursuant to chapter 1-26, the...
Section 24-15A-44 - Effect of validity of chapter. - 24-15A-44. Effect of validity of chapter. If the provisions of...
Section 24-15A-45 - Evidence-based practices targeting parolee's criminal risk and need factors. - 24-15A-45. Evidence-based practices targeting parolee's criminal risk and need factors....
Section 24-15A-46 - Training on evidence-based practices and criminal risk factors. - 24-15A-46. Training on evidence-based practices and criminal risk factors. Any...
Section 24-15A-47 - Report on implementation of supervision practices and training. - 24-15A-47. Report on implementation of supervision practices and training. The...
Section 24-15A-48 - Response to violation of supervision conditions. - 24-15A-48. Response to violation of supervision conditions. The department shall...
Section 24-15A-49 - Report of graduated sanction. - 24-15A-49. Report of graduated sanction. The Department of Corrections shall...
Section 24-15A-50 - Award of earned discharge credits. - 24-15A-50. Award of earned discharge credits. Each parolee shall be...
Section 24-15A-50.1 - Additional earned discharge credits. - 24-15A-50.1. Additional earned discharge credits. The department may grant an...
Section 24-15A-51 - Report of eligibility for award of discharge credits. - 24-15A-51. Report of eligibility for award of discharge credits. Within...
Section 24-15A-52 - Review of ineligibility determination. - 24-15A-52. Review of ineligibility determination. A parolee who objects to...
Section 24-15A-53 - Report of parolees qualifying for earned discharge credits. - 24-15A-53. Report of parolees qualifying for earned discharge credits. The...
Section 24-15A-54 - Transfer to administrative financial accountability system. - 24-15A-54. Transfer to administrative financial accountability system. Each inmate discharging...
Section 24-15A-55 - Eligibility for compassionate parole. - 24-15A-55. Eligibility for compassionate parole. Notwithstanding any contrary provision in...
Section 24-15A-56 - Referral for compassionate parole hearing. - 24-15A-56. Referral for compassionate parole hearing. The secretary of corrections...
Section 24-15A-57 - Factors for consideration in determining grant or denial of compassionate parole. - 24-15A-57. Factors for consideration in determining grant or denial of...
Section 24-15A-58 - Release plan to ensure health care expenses will be paid by inmate or third party payer. - 24-15A-58. Release plan to ensure health care expenses will be...
Section 24-15A-59 - Grant or denial of compassionate parole--Reconsideration--Removal from consideration. - 24-15A-59. Grant or denial of compassionate parole--Reconsideration--Removal from consideration. The...
Section 24-15A-60 - Inmate who reaches parole eligibility date or initial parole date not eligible for compassionate parole. - 24-15A-60. Inmate who reaches parole eligibility date or initial parole...
Section 24-15A-61 - Inmate granted compassionate parole subject to statutory requirements. - 24-15A-61. Inmate granted compassionate parole subject to statutory requirements. An...
Section 24-15A-62 - Due process interest in compassionate parole not created--Decision of board final. - 24-15A-62. Due process interest in compassionate parole not created--Decision of...
Section 24-15A-63 - Extended confinement. - 24-15A-63. Extended confinement. Nothing in §§24-15A-55 to 24-15A-68, inclusive, or...
Section 24-15A-64 - Promulgation of rules regarding compassionate parole. - 24-15A-64. Promulgation of rules regarding compassionate parole. Pursuant to chapter...
Section 24-15A-65 - Inmate on compassionate parole ineligible for earned discharge credits. - 24-15A-65. Inmate on compassionate parole ineligible for earned discharge credits....
Section 24-15A-66 - Effect of revocation of compassionate parole. - 24-15A-66. Effect of revocation of compassionate parole. If an inmate...
Section 24-15A-67 - Conditions of compassionate parole. - 24-15A-67. Conditions of compassionate parole. As a condition of supervision...
Section 24-15A-68 - Compassionate parole requirements not applicable to paroled inmate who reached initial parole date or parole eligibility date. - 24-15A-68. Compassionate parole requirements not applicable to paroled inmate who...
Chapter 16A - Interstate Compact For Adult Offender Supervision
Section 24-16A-1 - Interstate Compact for Adult Offender Supervision. - 24-16A-1.Interstate Compact for Adult Offender Supervision. ARTICLE I PURPOSE The...