If any inmate of a state correctional facility dies, is discharged, or escapes, leaving funds in the inmate’s institutional account or other tangible personal property of value, a correctional facility official shall apply these funds towards the inmate’s obligations as provided for in § 24-2-29. At the official’s discretion, tangible personal property of value may be sold, donated to charity, discarded, returned to an heir, or used for the benefit of the Department of Corrections. If the funds exceed the inmate’s obligations as provided for in § 24-2-29, the official shall give the excess balance back to the inmate or an heir of the inmate. Otherwise, the official shall deposit the excess balance in the state general fund.

Terms Used In South Dakota Codified Laws 24-5-5

  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
  • Personal property: All property that is not real property.

Source: SL 1987, ch 184, § 1; SL 2004, ch 169, § 1; SL 2023, ch 82, § 75.

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