The Department of Corrections may establish and maintain facilities, programs, or services outside the precincts of a state correctional facility and contract with other governmental entities for the care and maintenance of inmates committed to the Department of Corrections. However, the court may not order that an inmate be housed in any particular facility nor may the court order that an inmate be placed in a specific program or receive specific services. No inmate has any implied right or expectation to be housed in any particular facility, participate in any specific program, or receive any specific service. Each inmate is subject to transfer from any one facility, program, or service at the discretion of the secretary of corrections or a designee of the secretary. Any escape from a state correctional facility or from a facility, program, or service maintained outside a state correctional facility is a violation of § 22-11A-2 or 22-11A-2.1. Venue for a prosecution for an escape from any facility is the county where the acts constituting the escape take place.

Terms Used In South Dakota Codified Laws 24-2-27

  • Contract: A legal written agreement that becomes binding when signed.
  • Venue: The geographical location in which a case is tried.

Source: SL 1983, ch 199, § 5; SL 1984, ch 138, § 2; SL 1985, ch 192, § 54; SL 1986, ch 198; SL 1986, ch 200; SL 1989, ch 20, § 103; SL 2004, ch 168, § 16; SL 2017, ch 110, § 1; SL 2023, ch 82, § 73.