ARSD Article 17:50 — ADULT CORRECTIONS SYSTEM

CORRECTIONS CORRECTIONS

Chapter 17:50:01 General provisions

ARSD 17:50:01:01 Scope

Scope.** Rules in this article apply to adult inmates and employees of adult facilities of the department.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:01, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1

ARSD 17:50:01:02 Repealed

Suspension of rules.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:96, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:03 Repealed

Provision of information by inmate.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:04 Repealed

No access to central records by inmates.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:05 Repealed

Inmate intake procedure.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:06 Repealed

Custody classifications.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:07 Repealed

Trusty.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:92, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:08 Repealed

Medium custody.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:09 Repealed

Maximum custody.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:10 Repealed

Close custody.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:11 Repealed

Protective custody status.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:91, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:12 Repealed

Classification board established.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:13 Repealed

Classification board -- First appearance.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:14 Repealed

Classification board -- Second appearance.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:15 Repealed

Classification board -- Additional appearances.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:16 Repealed

Classification board procedure.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:17 Federal and out-of-state inmates

Federal and out-of-state inmates.** Federal inmates and out-of-state inmates housed in Department of Corrections facilities shall comply with the rules, regulations, policies, and procedures of the South Dakota Department of Corrections.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-10.1, 24-2-1.

ARSD 17:50:01:18 Deposits

Deposits.** The department shall retain in an institutional account any money taken from an inmate upon entrance or any United States cashier's checks, payroll checks, or money orders received from any source after the arrival of an inmate. The department shall notify the inmate of any money placed in the inmate's account and of any disbursements made pursuant to SDCL 24-2-29. The department is not responsible for any cash sent by mail.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:50:08:34, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 24-2-1, 24-2-5, 24-2-29.

ARSD 17:50:01:19 Wages

Wages.** Wages are determined by the department and are based on importance of the job, skill required, interest, and application shown by the inmate. The department shall make the pay schedule available for inmate review.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:53.01, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 24-4-7, 24-4-9, 24-7-6

ARSD 17:50:01:20 Inmate accounts

Inmate accounts.** Each inmate shall receive a periodic statement of the inmate's account balance.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 24-2-5.

ARSD 17:50:01:21 Frozen accounts

Frozen** accounts. The department may place a designated amount of an inmate's deposits and earnings in a separate frozen subaccount to be saved until release. The inmate may not draw from this frozen subaccount prior to release except with the approval of the warden.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:50:08:53.02, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 1-15-20, 24-7-3, 24-8-5.
Law Implemented: SDCL 24-2-1, 24-4-9, 24-7-3, 24-7-6, 24-8-9.

ARSD 17:50:01:22 Repealed

Commissary.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:50, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:23 Repealed

Commissary items.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:50, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:24 Repealed

Commissary restrictions.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:50, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:25 Repealed

Death or illness message.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:48, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 5, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:26 Transferred

Transferred to § 17:50:13:01.**

ARSD 17:50:01:27 Repealed

Discharge procedure.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:01:28 Work release

Any inmate participating in the work release program is under the supervision of the department and must abide by all of the rules, policies, and procedures of the department.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; transferred from § 17:50:08:03, 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 24-8-1.

Chapter 17:50:02 Inmate visits

ARSD 17:50:02:01 Visits

Visits.** Subject to the approval of the warden, an inmate may be allowed visits from relatives including the inmate's spouse, biological children, stepchildren, adoptive children, biological grandchildren, biological parents, step-parents, adoptive parents, sisters, half-sisters, brothers, half-brothers, grandparents, great-grandparents, and the following in-laws: father-in-law, mother-in-law, brother-in-law (husband of the inmate's sister), and sister-in-law (wife of the inmate's brother). Subject to the approval of the warden, an inmate may also be allowed visits from two friends, foster parents, legal guardians, a Man-to-Man (M-2) or Women-to-Women (W-2) sponsor and an Alcoholics Anonymous (AA) sponsor.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 24, 1997; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:02:02 Visiting hours

Visiting hours.** Visiting hours shall be determined by the warden and posted in a public area of the facility.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:02:03 Repealed

Extra visiting time.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:49, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:02:04 Classes of visits

Classes of visits.** Visits consist of two classes. Class 1 is an open visit in the visiting lounge. Class 2 is a closed visit conducted in a secured, glassed-off area in the visiting lounge.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:43, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 24, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:02:05 Conduct of visitors

Conduct of visitors** . Profane or loud argumentative language, inappropriate physical contact, or other undesirable conduct shall result in termination of the visit. A visitor shall closely supervise any accompanying child. Failure of the visitor to comply with the rules in this title and with department policies and procedures shall result in immediate termination of the visit.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:02:06 Repealed

Adjustment center and protective custody visits.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:02:07 Repealed

Trusty visits.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:45, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:02:08 Search of visitors

Search of visitors.** All visitors are subject to search at any time before entering the visiting facility, during the visit, and when leaving the visiting facility. A visitor who refuses search at any time may not be allowed to visit, may have the visit terminated if it is in progress, and may have the visitor's name removed from the inmate's visiting list at the discretion of the warden.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:02:09 Repealed

Items taken to inmates by visitors.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:02:10 Repealed

Items taken to visits by inmates.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:40, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997

ARSD 17:50:02:11 Repealed

Notification of visits.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:41, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997

ARSD 17:50:02:12 Repealed

Inmate conduct during visit.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:42, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:02:13 Repealed

Contact with other inmates.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:47, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:02:14 Repealed

Shakedown.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:46, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:02:15 Repealed

Visitation programs.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:02:16 Repealed

Search.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:08, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:02:17 Attorney visits

Attorney visits.** Any inmate has the right to consult with any attorney who is licensed to practice law.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:02:18 Repealed

Attorney not licensed to practice in South Dakota.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:02:19 Repealed

Unlicensed attorney visits.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:02:20 Repealed

Requests for attorney visits.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:02:21 Attorney identification

Attorney identification.** Any attorney who is visiting a client-inmate must present evidence of the attorney's license to practice law. The warden may verify the validity of the attorney's authorization to practice law.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:02:22 Attorneys' visiting hours

Attorneys' visiting hours.** Attorneys' visiting hours are the same as the correctional facility's regular visiting hours. If an attorney must meet with an inmate during other than regular visiting hours, the attorney must first obtain the approval of the warden.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:02:23 Attorney-client visits

Attorney-client visits.** An attorney may meet with only one inmate at a time, unless the warden gives prior approval to meet with more than one inmate at the same time.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:02:24 Attorneys subject to search

Attorneys subject to search.** An attorney is subject to search at any time. The search may include the items brought with the attorney.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:02:25 Warden may refuse attorney admission

Warden may refuse attorney admission.** The warden may refuse admission to any attorney or terminate the visit for failure to comply with the department's rules, posted regulations, institutional policies and procedures, or for cause.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:02:26 Private visiting area

Private visiting area.** A private visiting area may be made available to an attorney and an inmate for the purpose of discussing legal matters.

History

Source: SL 1975, ch 16, §1; transferred from §67:50:08:44, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:02:27 Outgoing calls

Outgoing calls.** Inmates may be allowed to use the telephone as approved by the warden.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20.

ARSD 17:50:02:28 Repealed

Approval for telephone calls.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:02:29 Incoming calls

Incoming calls.** No inmate may receive incoming calls. Emergency messages shall be taken by the warden in the event of serious injury or death of an inmate's immediate family member.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:02:30 Repealed

Attorney calls.** Repealed.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

Chapter 17:50:03 Inmate conduct, Repealed

ARSD 17:50:03 Repealed chapter

CHAPTER 17:50:03

INMATE CONDUCT

(Repealed. 24 SDR 44, effective October 14, 1997)

Chapter 17:50:04 Disciplinary board, Repealed

ARSD 17:50:04 Repealed chapter

CHAPTER 17:50:04

DISCIPLINARY BOARD

(Repealed. 24 SDR 44, effective October 14, 1997)

Chapter 17:50:05 Adjustment center, Repealed

ARSD 17:50:05 Repealed chapter

CHAPTER 17:50:05

ADJUSTMENT CENTER

(Repealed. 24 SDR 44, effective October 14, 1997)

Chapter 17:50:06 Inmate grievance procedures, Repealed

ARSD 17:50:06 Repealed chapter

CHAPTER 17:50:06

INMATE GRIEVANCE PROCEDURES

(Repealed. 24 SDR 44, effective October 14, 1997)

Chapter 17:50:07 Good time procedure, Repealed

ARSD 17:50:07 Repealed chapter

CHAPTER 17:50:07

GOOD TIME PROCEDURE

(Repealed. 24 SDR 44, effective October 14, 1997)

Chapter 17:50:08 Programs, Repealed or Transferred

ARSD 17:50:08 Repealed chapter

CHAPTER 17:50:08

PROGRAMS

(Repealed, except § 17:50:08:03 which was transferred to § 17:50:01:28,

24 SDR 44, effective October 14, 1997)

Chapter 17:50:09 Administration of living, Repealed

ARSD 17:50:09 Repealed chapter

CHAPTER 17:50:09

ADMINISTRATION OF LIVING

(Repealed. 24 SDR 44, effective October 14, 1997)

Chapter 17:50:10 Mail

ARSD 17:50:10:01 Mail items provided for correspondence to public officials

Mail items provided for correspondence to public officials.** The state will not furnish envelopes, postage, or stationary to inmates, other than those inmates without money in their institutional account, except for the purpose of writing to attorneys, the courts, the Secretary of the South Dakota Department of Corrections, the Governor of South Dakota, or legal services.

History

Source: SL 1975, ch 16, § 1; transferred from §§67:50:08:29, 67:50:08:33, and 67:50:08:36, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:10:02 Outgoing mail

Outgoing mail.** Outgoing mail addressed to someone other than an attorney, judge, officer of the court, legal services, the Governor of South Dakota, or the secretary of the South Dakota Department of Corrections may be opened and read but may not be censored in accordance with § 17:50:10:07.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:28, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:10:03 Outgoing mail -- Checks

Outgoing mail -- Checks.** Staff designated by the warden shall approve all inmate checks before they are placed in the outgoing mail.

History

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:10:04 Incoming mail from court, attorney, governmental officials and agencies, or department

Incoming mail from court, attorney, governmental officials and agencies, or department.** Incoming mail from the court, an attorney, the secretary of the South Dakota Department of Corrections, the Governor, or legal services must be opened in the presence of the inmate recipient and not read; however, department officials may take steps to determine the genuineness of the addressor as represented on any envelope. The envelope must be clearly marked "privileged."

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:29, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:10:05 Other incoming mail

Other i** ncoming mail. Any incoming mail other than mail received pursuant to §17:50:10:04 may be opened for inspection and read for security purposes.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:29, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

ARSD 17:50:10:06 Repealed

Packages.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from §67:50:08:35, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:50:10:07 Censorship

Censorship.** Department officials may not delete portions of an item of correspondence. Correspondence constituting a threat to the security or disciplined operation of the institution or which is in violation of department policies or department rules shall be rejected. Notice of the rejection of any correspondence shall be given to the inmate, who may appeal the decision through the administrative remedy process.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:50:08:30, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; 24 SDR 44, effective October 14, 1997; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20, 24-2-1.

Chapter 17:50:11 Medical, Repealed

ARSD 17:50:11 Repealed chapter

CHAPTER 17:50:11

MEDICAL

(Repealed. 24 SDR 44, effective October 14, 1997)

Chapter 17:50:12 Prison industries, Repealed

ARSD 17:50:12 Repealed chapter

CHAPTER 17:50:12

PRISON INDUSTRIES

(Repealed. 24 SDR 44, effective October 14, 1997)

Chapter 17:50:13 Release date calculations

ARSD 17:50:13:01 Weekends and holidays

Inmates scheduled for release on a weekend are released on the preceding Friday. Inmates scheduled for release on a holiday are released on the preceding day. If a holiday falls on a Monday, the inmate is released on the preceding Friday.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:50:08:94, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; transferred from § 17:50:01:26, 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 1-15-20.

ARSD 17:50:13:02 Computation of release date for sentence of probation

A sentence requiring a specific term in the penitentiary as a condition of probation is computed based on the number of nights spent in the penitentiary. An inmate serving a term in the penitentiary as a condition of probation must be released the first day following the last night of the inmate's sentence, except as provided in § 17:50:13:01.

History

Source: 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 23A-27-18.1.

ARSD 17:50:13:03 Commencement of sentence of probation

A sentence of probation requiring a specific term in the penitentiary as a condition of probation commences on the first day of incarceration in the department facility unless otherwise ordered by the court.

History

Source: 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 23A-27-18.1.

ARSD 17:50:13:04 No credit on sentence for time spent on escape

No inmate who escapes from the custody of the department may receive credit on the inmate's sentence for time spent while on escape, from the date of escape through the last full day prior to the inmate's return to custody.

History

Source: 24 SDR 44, effective October 14, 1997; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 24-2-1, 24-15A-6.

ARSD 17:50:13:05 Refusal to waive extradition

An inmate on escape status who is apprehended outside the jurisdiction of the state of South Dakota shall receive credit from the time taken into custody, unless the inmate refuses to waive extradition.

History

Source: 24 SDR 44, effective October 14, 1997; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 24-2-1, 24-15A-6.

ARSD 17:50:13:06 Sentence commence date

17:50:13:06 Sentence commence date. The date on which an inmate is sentenced is the sentence commence date unless the judgment of conviction specifies a different commence date or the convicted person has been released from custody pending actual arrival at a department facility, in which case the date the person is received at the facility is the commence date. Court-ordered jail time credit is subtracted from the sentence commence date.

History

Source: 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 24-2-1, 24-15A-6.

ARSD 17:50:13:07 Application of jail time credit to period of incarceration

Court-ordered jail time credit is applied to the period of incarceration before any applicable reduction for good time and before calculation of eligibility for parole or the initial parole date.

History

Source: 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 24-5-1, 24-15-5, 24-15A-6, 24-15A-32.

ARSD 17:50:13:08 Minimum initial parole date of 60 days

Minimal initial parole date of 60 days.** If a sentence for a crime committed on or after July 1, 1996, including the application of any jail time credit, would result in an initial parole date of less than 60 days from the date the inmate is received, the initial parole date shall be set 60 days from the date the inmate is received.

History

Source: 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004; 34 SDR 180, effective December 26, 2007.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 23A-27-18.1, 24-15A-6, 24-15A-32.

ARSD 17:50:13:09 Jail time credit on consecutive sentences

Jail time credit ordered on two or more consecutive sentences that are determined to be duplicates shall be applied only once and may be applied to only the first sentence in the string of consecutive sentences.

History

Source: 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 24-2-1, 24-15A-6.

ARSD 17:50:13:10 Repealed

Parole eligibility as used in SDCL 24-15A-19 defined.** Repealed.

History

Source: 24 SDR 44, effective October 14, 1997; repealed, 34 SDR 180, effective December 26, 2007.

ARSD 17:50:13:11 Initial parole date and sentence discharge date for multiple concurrent counts

For purposes of calculating initial parole and sentence discharge dates for multiple counts in a single transaction occurring on or after July 1, 1996, dates are calculated on the longest time to initial parole and the longest time to sentence discharge. The longest time to initial parole and the longest time to sentence discharge may be figured on different counts.

History

Source: 24 SDR 44, effective October 14, 1997.
General Authority: SDCL 1-15-20.
Law Implemented: SDCL 24-15A-6, 24-15A-18.