South Dakota
South Dakota does not certify jail or Department of Corrections (DOC) officers, and no state agency sets or inspects county jail standards; each jail adopts its own written policies, and circuit judges may inspect jails. Jail officers must receive state mental health crisis training. Since 2023 the State has closed jail disciplinary records to the public, made prosecuting crimes by DOC inmates a duty of the Attorney General, and, from July 1, 2026, raised the penalty for delivering drugs to inmates and revised release transportation for discharged inmates.
- Sources checked
- Part of
- Corrections Ledger
At a glance
- Certifying body
- None for corrections or jail officers. The Law Enforcement Officers Standards and Training Commission and the Division of Criminal Investigation (DCI) set qualifications and training for “law enforcement officers,” defined as state or local employees responsible for preventing and detecting crime and enforcing criminal or traffic laws (SDCL 23-3-27, 23-3-35, 23-3-42); the Commission’s rules (ARSD 2:01) contain no jail or corrections officer provisions. The Commission is covered on the South Dakota Officer Ledger page. County jail officer training is a subject of each jail’s policies (SDCL 24-11-23(10)).
- Statute
- SDCL Title 24 (penal institutions): chapter 24-2 (state correctional facilities: force, discipline, contraband), chapter 24-11 (jails), chapter 24-15 (parole). SDCL 23-3-26 to 23-3-47 (law enforcement officer standards and training).
- Minimum standards
- No statutory minimum hiring standards specific to DOC or jail officers were found. The qualification rules in SDCL 23-3-42 and ARSD 2:01:02 apply to law enforcement officers as defined in 23-3-27.
- Basic training
- Jail officers: each jail’s governing body must adopt written policies on “the training of the jailors” (SDCL 24-11-23(10)). Officers in any jail must receive DCI training on recognizing signs and symptoms of mental health problems and defusing mental health crises (SDCL 24-11-60). No statewide basic course hours for jail or DOC officers were found in statute or rule.
- In-service training
- After the initial mental health crisis training, each jail officer must attend further training at least once every 4 years (SDCL 24-11-60). No other statutory in-service requirement for jail or DOC officers was found.
- Decertification
- None. Corrections and jail officers are not state-certified, so there is no decertification process for them. Law enforcement officer certification and discipline are under the Commission (SDCL 23-3-35; ARSD 2:01; see the Officer Ledger page).
- Jail standards
- No state agency sets or inspects county jail standards. The governing body or commission running each jail must adopt written policies on listed subjects, including classification, supervision, discipline, and jailor training (SDCL 24-11-23). The circuit judge may visit, inspect, and supervise all jails in the circuit and enforce orders by contempt (24-11-27). Private jail contracts must require compliance with any applicable DOC or state agency minimum standards (24-11-42).
- Probation and parole officers
- Parole supervision is a DOC function under SDCL chapter 24-15; adult probation is supervised by Unified Judicial System court services officers. No statutory certification or training-hour requirement for parole agents or court services officers was confirmed, and whether parole agents fall within the law enforcement officer definition in 23-3-27 was not determined.
- Restrictive housing
- No statutory limit on solitary confinement or restrictive housing was found. Statute lists “punitive confinement” and “transfer to a more secure housing unit” among authorized disciplinary sanctions for state inmates (SDCL 24-2-9).
- Corrections use of force
- Officers and employees may use any necessary means, including reasonable force, to maintain order in an adult correctional facility, enforce obedience, suppress insurrections, and prevent escapes, “even at the hazard of life” (SDCL 24-2-6). Corporal punishment of inmates in state correctional facilities is prohibited (24-2-9). No statute on restraint of pregnant inmates was found in chapters 24-2 or 24-11.
Changes, 2023 to 2026
Delivering drugs to inmates becomes a Class 3 felony; ingestion by inmates and parolees a Class 5 felony
Any employee or other person who delivers, or possesses with intent to deliver, to an inmate of a state correctional facility “any prescription or nonprescription drug or controlled substance, as defined by chapter 34-20B, except as authorized by the Department of Corrections,” now commits a Class 3 felony; the 2025 text made it a Class 4 felony. Unlawful ingestion of a controlled substance becomes a Class 5 felony when committed by an inmate in a state correctional facility or by a person on parole supervision.
For corrections staff: Bringing drugs to an inmate without DOC authorization is a Class 3 felony, including for employees.
2026 SB 42 bill page 2026 SB 42 enrolled 2025 SB 59 enrolled (prior Class 4 text)
Release transportation for discharged inmates revised
On discharge from a correctional facility by parole, suspended sentence, or final discharge, “a correctional facility official must provide the inmate with the following, if not already provided”: suitable clothing, a sum of money set by the Secretary of Corrections, and transportation to the county of residence at the time of the offense, the county of sentencing, or a location of equivalent distance, whichever is lesser in mileage. SDCL 24-5-3 already required clothing, money, and transportation on discharge; the act rewrote the section and changed the transportation destinations. The enrolled text dropped the introduced phrase “as chosen by the inmate.”
For corrections staff: Release transportation goes to the county of residence, the county of sentencing, or an equally distant location, whichever is the shortest trip.
Attorney General must prosecute crimes by DOC inmates; DOC pays appointed defense counsel
A duty of the Attorney General is now “to prosecute any criminal action that was committed by an inmate under confinement in a facility operated by the Department of Corrections” (SDCL 1-11-1(11)). After disposition, DOC must pay court-appointed counsel in those cases (23A-40-8). The act adds a duty for the Attorney General; it does not remove the authority of county state’s attorneys.
For corrections staff: The Attorney General now has a statutory duty to prosecute crimes by DOC inmates, and DOC pays appointed defense counsel in those cases.
Jail inmate disciplinary records closed to public inspection
The open-records exemptions now cover “records regarding jail inmate disciplinary matters pursuant to § 24-11-23,” alongside the existing exemption for state inmate disciplinary records under 1-15-20.
For corrections staff: Jail inmate disciplinary write-ups and hearing records are exempt from public records requests.
Enacted, not yet in force, pending, and bills that did not pass
No enacted corrections change was found awaiting its effective date. Bills that did not pass were not searched. Effective dates rest on SDCL 2-14-16 (July 1 after passage), because the enrolled texts carry no emergency clause.
Checked and unchanged
- Not counted: 2025 SB 59 (SL 2025, ch 103; effective July 1, 2025) revised SDCL 24-2-14 and 24-2-22 on unauthorized articles in state correctional facilities (cell phones a Class 4 felony, weapons a Class 2 felony, other unauthorized articles a Class 6 felony). The words it changed could not be isolated from the bill markup.
- Not counted: 2026 HB 1298 makes it a Class 6 felony to publish electronically a law enforcement officer’s home address, date of birth, or Social Security number with intent to cause fear; whether “law enforcement officer” there covers corrections officers was not determined.
- Not verified: DOC administrative rules (ARSD article 17) were not reviewed.
- Not verified: SL 2023, ch 82 amended SDCL 24-2-9 (disciplinary sanctions, cited above), 24-2-22, and 24-5-3, per their source notes. That act was not identified or screened.
Bills in the legislature
Bills in the current session whose title concerns corrections officers, jails, probation and parole, and conditions of confinement, found automatically in LegiScan's copy of the legislature's records and refreshed daily (last on October 21, 2026). This list is not reviewed by an editor and is not a summary of the bills; each links to the legislature's own page, which controls. Bills that become law are added to the dated entries above once checked.
- Enacted
SB42: Enhance the penalties for ingestion, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.
Last action March 30, 2026: Signed by the Governor on March 30, 2026 S.J. 548. 2026 Regular Session.
- Introduced
HB1276: Establish policies and procedures for the use of solitary confinement in a juvenile facility.
Last action February 20, 2026: Judiciary Deferred to the 41st legislative day, Passed, YEAS 11, NAYS 2. H.J. 23. 2026 Regular Session.
The law, section by section
Every section of the statutes and rules this page relies on that could be read from an official source, 166 in all, each linked to the official text. Headings are copied from the official tables of contents, checked October 21, 2026.
South Dakota Codified Laws, Chapter 24-2: Care and Discipline of State Correctional Facility InmatesStatute · 32 sections
Official text current through South Dakota Legislature codified laws (chapter tables from the Legislature's JSON data feed, sdlegislature.gov/api/Statutes/Statute/<chapter>), read 2026-10-21. The sdlegislature.gov pages render with JavaScript; headings come from the chapter table of contents in the Legislature's own JSON data feed for the same page. Repealed and superseded sections are omitted. SDCL ch. 24-2, official text
CHAPTER 24-2. CARE AND DISCIPLINE OF STATE CORRECTIONAL FACILITY INMATES
- 24-2-1 Inmates under custody of secretary of corrections--Delegation of powers
- 24-2-2.1 Certified judgment containing certain information required for acceptance of delivery
- 24-2-5 Disposition of inmate's personal effects
- 24-2-6 Maintenance of order--Prevention of escapes
- 24-2-9 Disciplinary sanctions authorized--Corporal punishment prohibited
- 24-2-10 Unauthorized injury to inmate--Punishment
- 24-2-12 Punitive confinement--Forfeiture of good conduct time
- 24-2-12.1 Earning back forfeited good conduct time
- 24-2-12.2 Restoration of good conduct time
- 24-2-14 Prohibited articles for inmates--Exception--Penalty
- 24-2-15 Diminution of period of confinement for good behavior, failing health, or other reason in the interest of justice
- 24-2-17 Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record
- 24-2-18 Warden's recommendation respecting good conduct time--Hearing and decision by secretary
- 24-2-19 Documentation of pertinent information regarding inmates
- 24-2-20 Records and information furnished court, secretary, board, or Governor--Information that may be released for certain other purposes
- 24-2-20.1 Governmental entities defined
- 24-2-22 Prohibited articles for inmates--Delivery or intent to deliver to inmate--Penalty
- 24-2-25 Extension of confinement limits to permit visits to designated places
- 24-2-26 Confiscation and disposition of unauthorized articles and money in inmate's possession
- 24-2-27 Facilities, programs, or services outside correctional facilities--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
- 24-2-27.1 Halfway house defined
- 24-2-28 Costs of confinement and services--Liability of inmate
- 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
- 24-2-29.1 Rules authorizing sanctions for inmate abuse of court system
- 24-2-30 Policy on inmate work
- 24-2-31 Contracts for inmate health care services exempt from state insurance regulations
- 24-2-32 Involuntary treatment with psychotropic medication for severe mental illness
- 24-2-33 Hearing required prior to treatment with psychotropic medication
- 24-2-34 Periodic review of psychotropic treatment
- 24-2-35 Emergency treatment with psychotropic medication
- 24-2-36 Records of involuntary treatment with psychotropic medication
- 24-2-37 Training on symptoms of mental health problems and defusing mental health crises
South Dakota Codified Laws, Chapter 24-11: JailsStatute · 55 sections
Official text current through South Dakota Legislature codified laws (chapter tables from the Legislature's JSON data feed, sdlegislature.gov/api/Statutes/Statute/<chapter>), read 2026-10-21. The sdlegislature.gov pages render with JavaScript; headings come from the chapter table of contents in the Legislature's own JSON data feed for the same page. Repealed and superseded sections are omitted. SDCL ch. 24-11, official text
CHAPTER 24-11. JAILS
- 24-11-1 Jail defined--Classification of jails
- 24-11-2 Establishment of county jail at expense of county
- 24-11-3 Counties without jails or juvenile detention facilities--Overcrowded or unsafe jails and facilities--Confinement in adjoining political subdivision--Expenses
- 24-11-4 Agreements between political subdivisions for use of jails--Termination of agreement
- 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
- 24-11-4.2 Annual prisoner rate for members--Additional compensation to sheriff--Daily prisoner rate for nonmembers
- 24-11-4.3 Money collected for housing prisoners--Distribution to member operating facility and compact debts--Excess funds
- 24-11-5 Confinement of fugitive from justice--Compensation
- 24-11-6 Confinement of federal prisoners--Compensation--Penalty for violation
- 24-11-7 Sheriff's calendar of federal prisoners in custody--Transmission to federal district judge--Allowance and payment for keeping prisoners
- 24-11-8 Charges for prisoners confined by authority other than county in which jail located--Amount fixed by county--Special jail building fund
- 24-11-10 Required fireproofing for designated jail
- 24-11-11 Heat and furnishings for jail--Expense
- 24-11-12 Appointment of jail physician--Physician's reports
- 24-11-13 Officer in charge of jail--Conformance to policies and procedures
- 24-11-14 Removal of prisoners in case of fire--Alternate place of confinement not deemed escape
- 24-11-16 Jail records to be maintained
- 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
- 24-11-19 Separation of sexes
- 24-11-20 Failure to separate sexes as misdemeanor
- 24-11-21 Furnishing prisoner necessaries--Receipt of medical treatment as assignment of insurance proceeds, etc.--Unrecovered payments as lien
- 24-11-21.1 Medical provider to submit claim for services to insurer before submitting claim to county
- 24-11-23 Policies and procedures--Adoption--Contents
- 24-11-24 Posting and distribution of policies and procedures
- 24-11-27 Power of circuit judge to visit jail and make order--Violation of order as contempt
- 24-11-28 Work required of certain prisoners--Determination by sentencing court whether prisoner should work--Particular work permissible
- 24-11-29 Inmates requesting work
- 24-11-30 Sentence for violation of state law--Work performed under direction of county board and for county
- 24-11-31 Sentence for violation of local law--Labor performed under local governing body for its benefit
- 24-11-32 Prisoner's compensation for work--Payment to dependents--Allowance by board of county commissioners
- 24-11-32.1 Charge against work release pay for maintenance cost--Waiver by commissioners
- 24-11-33 Crediting work against fine imposed
- 24-11-35 Prevention of escape while working
- 24-11-36 Protection of working prisoners from public annoyance
- 24-11-37 Communication with working prisoner as petty offense
- 24-11-38 Malfeasance by jail officials--Misdemeanor
- 24-11-39 Municipality, county, or jail compact authorized to construct, lease, operate, purchase, maintain, or manage correctional facilities--Contract with private entity
- 24-11-40 Contract for placement of inmates or prisoners--Certain private entities excepted
- 24-11-41 Requests for proposals by public notice--Written approval of law enforcement official for contracts
- 24-11-42 Requirements of contract for correctional facility
- 24-11-43 Liability of private entity contracting for correctional facility
- 24-11-44 Sections 24-11-39 to 24-11-43 liberally construed
- 24-11-45 Prisoner liable for costs of confinement--Deferred payment plan or waiver
- 24-11-45.1 County lien for costs of confinement
- 24-11-46 Prisoner liable for fines, restitution, and obligation
- 24-11-47 Possession of alcoholic beverages, controlled substances, marijuana, or weapons as felony
- 24-11-47.1 Possession of electronic communications devices, tobacco products, or other unauthorized items as misdemeanor
- 24-11-48 Delivery of prohibited items to inmate as misdemeanor or felony
- 24-11-49 Involuntary treatment of prisoners with psychotropic medication
- 24-11-50 Hearing prior to treatment--Panel--Rights of prisoner--Order--Appeal
- 24-11-51 Periodic review of involuntary treatment
- 24-11-52 Emergency involuntary treatment
- 24-11-53 Records of involuntary treatment
- 24-11-54 Immunity from liability for involuntary treatment
- 24-11-60 Training on symptoms of mental health problems and defusing mental health crises
South Dakota Codified Laws, Chapter 24-15: Paroles from State Correctional FacilitiesStatute · 39 sections
Official text current through South Dakota Legislature codified laws (chapter tables from the Legislature's JSON data feed, sdlegislature.gov/api/Statutes/Statute/<chapter>), read 2026-10-21. The sdlegislature.gov pages render with JavaScript; headings come from the chapter table of contents in the Legislature's own JSON data feed for the same page. Repealed and superseded sections are omitted. SDCL ch. 24-15, official text
CHAPTER 24-15. PAROLES FROM STATE CORRECTIONAL FACILITIES
- 24-15-1 Files and case histories of inmates--Purposes--Access to file
- 24-15-1.1 Parole defined--Prisoner not required to accept parole--No right to parole
- 24-15-1.2 Prior felonies--Determination and effect on parole eligibility
- 24-15-2 Contents and sources for case histories
- 24-15-3 Establishment of date of parole consideration eligibility--Change--Hearing--Completion of history--Findings regarding inmate
- 24-15-4 Inmate sentenced to life imprisonment ineligible for parole--Exception
- 24-15-4.1 Inmate sentenced to term of imprisonment ineligible for parole--Exception--No discharge credit
- 24-15-4.2 Inmate sentenced to term of imprisonment ineligible for parole--Exception--Limited discharge credit
- 24-15-5 Time of eligibility for parole
- 24-15-6 Effect of concurrent sentences on eligibility for parole
- 24-15-7 Effect of consecutive sentences on eligibility for consideration for parole
- 24-15-7.1 Effect of consecutive sentence for offense committed as an inmate
- 24-15-8 Right of eligible inmate to hearing before board--Decline of parole--Waiver of hearing--Criteria for parole
- 24-15-9 Transfer of inmate to Human Services Center--Return to correctional facility
- 24-15-10 Application for parole or clemency--Waiting period if denied--Period for crime of violence
- 24-15-11 Restrictions on parolee--Bond--Restitution--Child support--Supervision fees
- 24-15-11.1 Substituting community service for supervision fees
- 24-15-11.2 Revenue to general fund
- 24-15-11.3 Promulgation of rules establishing supervision fees
- 24-15-12 Clothing and travel expense for parolee
- 24-15-13 Legal custody of parolee--Conviction remains in effect
- 24-15-14 Supervision of parolees--Employment of personnel
- 24-15-15 Out-of-state employment of parolee--Supervision by other state--State laws remaining applicable
- 24-15-16 Interstate agreements for supervision and return of parolees unimpaired
- 24-15-19 Powers of Department of Corrections when purposes of parole not being served
- 24-15-20 Order to show cause against parole revocation--Grounds
- 24-15-21 Warrant to arrest parolee or inmate--Suspension of parole supervision time--Time credited
- 24-15-22 Records and report to board on return of parolee to correctional facility
- 24-15-23 Preliminary hearing on parole violation--Waiver of preliminary hearing--Detention for board hearing--Waiver of appearance at revocation hearing
- 24-15-23.1 Preliminary hearing on parole violation not required under certain conditions
- 24-15-23.2 Failure to provide preliminary hearing prior to return to facility--Hearing required after return
- 24-15-24 Revocation or modification of parole
- 24-15-25 Parole of mentally ill inmate--Continuation of treatment as condition
- 24-15-26 Arrest of parolee--Notification to executive director
- 24-15-27 Request to modify parole agreement
- 24-15-28 County expenses in detaining parole violator--Reimbursement--Limit--Timeframe--Exclusion
- 24-15-29 County expenses in detaining parole violator--Reimbursement--Process
- 24-15-30 Written waiver of right to hearing or appearance
- 24-15-8.1 to 24-15-8.3
South Dakota Codified Laws, Chapter 23-3 (sections 23-3-26 to 23-3-47): Law Enforcement Agencies (officer standards and training)Statute · 40 sections
Official text current through South Dakota Legislature codified laws (chapter tables from the Legislature's JSON data feed, sdlegislature.gov/api/Statutes/Statute/<chapter>), read 2026-10-21. The sdlegislature.gov pages render with JavaScript; headings come from the chapter table of contents in the Legislature's own JSON data feed for the same page. Repealed and superseded sections are omitted. Only sections 23-3-26 to 23-3-47 of chapter 23-3 are listed, as on the page; the Officer Ledger library lists the same run. SDCL 23-3-26 to 23-3-47, official text
CHAPTER 23-3. LAW ENFORCEMENT AGENCIES
- 23-3-26 Training of law enforcement officers--Findings and policy
- 23-3-27 Law enforcement officer defined
- 23-3-27.1 Tribal law enforcement defined
- 23-3-28 Law Enforcement Officers Standards Commission--Appointment--Terms of members
- 23-3-28.1 Commission supported by attorney general's office
- 23-3-29 Death, resignation, or incapacity of commission member--Appointment of successor
- 23-3-30 Ex officio members of commission
- 23-3-31 Commission membership compatible with other office
- 23-3-32 Meetings of commission
- 23-3-33 Reports of commission
- 23-3-35 Powers of commission
- 23-3-35.1 Definitions
- 23-3-35.2 License required to question person using CVSA--Violation a misdemeanor
- 23-3-35.3 Requirements for license as CVSA examiner
- 23-3-35.4 Law enforcement canine team certification--Specialties
- 23-3-35.5 Canine certification standards and criteria--Rules--Fees
- 23-3-36 Commission supported by appropriations
- 23-3-37 Acceptance of donations and grants--Report and deposit
- 23-3-38 Administration of grants--Efficiency in operation
- 23-3-39 Establishment and maintenance of training programs
- 23-3-39.1 Airport security training to be provided--Maximum duration
- 23-3-39.2 Criteria for accepting person not employed as an officer in training program
- 23-3-39.3 Fee for person not employed as officer for training program
- 23-3-39.4 Domestic abuse training for law enforcement officers
- 23-3-39.5 Initial training to include domestic abuse
- 23-3-39.6 Domestic abuse and mental health training for state's attorney or deputy state's attorney
- 23-3-39.7 Domestic abuse training to utilize law enforcement officer training fund
- 23-3-39.8 Policies on response to domestic abuse situations
- 23-3-39.9 Response to resistance training
- 23-3-40 Reimbursement of expenses of officers in training
- 23-3-41 Probationary appointment of officers until training completed--Maximum probationary employment
- 23-3-42 Qualifications prescribed for law enforcement officers
- 23-3-42.1 Training in domestic abuse issues required
- 23-3-42.2 Unified Judicial System to provide access to juvenile adjudications and dispositions
- 23-3-43 Elected county sheriffs not exempt from prescribed qualifications--Education and training required
- 23-3-43.1 Certification of qualification of candidate for county sheriff
- 23-3-44 Certification of qualified officer trained in another state
- 23-3-45 Exemption of officers already serving
- 23-3-46 Division of Criminal Investigation to administer programs--Personnel
- 23-3-47 Severability
No rules are listed: the page cites ARSD 2:01 only to say it contains no jail or corrections officer provisions, and no state rule sets county jail or DOC officer standards.
USCLI's source monitor re-reads the 17 official sources cited on this page around the clock; 1 answered unchanged at their latest check. The oldest of those checks was on October 21, 2026.
Last updated October 21, 2026Source: United States Council for Law & InvestigationCite as: United States Council for Law & Investigation, “South Dakota corrections law: Corrections Ledger,” uscli.org/corrections-tracker/south-dakota (last updated October 21, 2026). Text licensed CC BY 4.0.