§ 1-15-1.2 Department created
§ 1-15-1.3 Secretary as head of department–Appointment–Qualifications
§ 1-15-1.4 Agencies and programs under department control
§ 1-15-1.5 Department to perform functions of former Board of Charities and Corrections
§ 1-15-1.7 Appointment of division directors
§ 1-15-1.8 Rules, regulations, and standards in full force and effect–Exceptions
§ 1-15-1.10 Replacement of Board of Charities and Corrections–Effect
§ 1-15-1.12 Duties, responsibilities, and authority of wardens granted by secretary
§ 1-15-1.13 Corrections Commission–Members–Terms–Purpose
§ 1-15-1.14 Review of criminal justice issues–Annual report
§ 1-15-6.1 Administrative functions performed for Board of Pardons and Paroles
§ 1-15-10 Contracts for service, buildings, lands, materials, and supplies
§ 1-15-10.1 Contracts for institutional treatment of persons with other states or federal government–Discretion to return person to sending state or federal government
§ 1-15-10.2 Compensation of state for care of persons from other states
§ 1-15-10.3 Transfer of institutional residents to other states or federal government–Payment of expenses
§ 1-15-10.4 Agreements for state care of federal wards
§ 1-15-12 Supplies not to be purchased from institution employees
§ 1-15-13 Federal funds–Acceptance and use
§ 1-15-14 Condemnation of private property
§ 1-15-18 Management and accounting prescribed by secretary
§ 1-15-20 Rules, policies, and procedures for management of institutions and agencies–Inmate discipline
§ 1-15-20.1 Inmate defined
§ 1-15-21 Receipt and disbursement of inmates’ funds
§ 1-15-23 Investigatory powers of secretary
§ 1-15-24 Investigations by attorney general on secretary’s request
§ 1-15-27 Participation in formula grants program of Juvenile Justice and Delinquency Prevention Act
§ 1-15-28 Department of Corrections to supervise participation in Juvenile Justice and Delinquency Prevention Act
§ 1-15-29 Council of Juvenile Services–Appointment–Terms
§ 1-15-30 Responsibilities of Council of Juvenile Services
§ 1-15-31 Participation in Juvenile Justice and Delinquency Prevention Act contingent on funding
§ 1-15-32 Participation in international prisoner transfer treaties
§ 1-15-33 Responsibility for transporting inmates to hearings
§ 1-15-34 County responsible for certain costs of transporting inmates
§ 1-15-35 Department of Corrections responsible for certain costs of transporting inmates
§ 1-15-36 Promulgation of rules to administer reinvestment program

Terms Used In South Dakota Codified Laws > Title 1 > Chapter 15

  • Adult: any person who is not a minor as defined in chapter 26-1. See South Dakota Codified Laws 2-14-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency agreement: the written agreement between or among two or more cities establishing a municipal power agency. See South Dakota Codified Laws 9-41A-1
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Chambers: A judge's office.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County: the county or counties wherein the municipality concerned or affected is located. See South Dakota Codified Laws 9-1-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day: the period from midnight to midnight. See South Dakota Codified Laws 2-14-2
  • Debtor: except as defined and used in chapters 54-1 and 54-9, everyone who owes to another the performance of an obligation. See South Dakota Codified Laws 2-14-2
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Distribution: the conveyance of electric energy to retail consumers from a transmission system, or from a generation facility situated within or in the immediate vicinity of a city. See South Dakota Codified Laws 9-41A-1
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Generation: the production of electricity by any means and the acquisition of fuel of any kind for that purpose, and includes but is not limited to the acquisition of fuel deposits and the acquisition or construction and operation of facilities for extracting fuel from natural deposits, for converting it for use in another form, for burning it in place, and for transportation and storage. See South Dakota Codified Laws 9-41A-1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: an honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscientious. See South Dakota Codified Laws 2-14-2
  • Governing body: the city council or, if another board, commission, or body is empowered by law or its charter or by resolution of the city council to establish and regulate rates and charges for the distribution of electric energy within the city, such board, commission, or body shall be deemed to be the governing body. See South Dakota Codified Laws 9-41A-1
  • Governing body: the board of trustees, the board of commissioners, or the common council, as the case may be, of a municipality concerned or affected. See South Dakota Codified Laws 9-1-1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • local improvements: as used in this chapter shall mean and include all such public buildings, public works, and improvements or the repair thereof. See South Dakota Codified Laws 9-42-1
  • Lot: includes parcel or tract of land. See South Dakota Codified Laws 9-1-1
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: a calendar month. See South Dakota Codified Laws 2-14-2
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipal corporation: or "municipality" all cities and towns organized under the laws of this state but shall not include any other political subdivisions. See South Dakota Codified Laws 9-1-1
  • Municipal power agency: a separate political subdivision and municipal corporation created by agreement between or among two or more cities exercising any of the powers of acquisition, construction, reconstruction, operation, repair, extension, or improvement of electric generation or transmission facilities or the acquisition of any interest therein or any right to part or all of the capacity thereof. See South Dakota Codified Laws 9-41A-1
  • Municipality: any municipality organized as provided in Title 9. See South Dakota Codified Laws 2-14-2
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupation tax: a fee imposed on any person with an established place of business within the district for the privilege of doing business. See South Dakota Codified Laws 9-55-1
  • ordinance: as used in this title shall mean a permanent legislative act of the governing body of a municipality within the limits of its powers. See South Dakota Codified Laws 9-19-1
  • Owner: as used in the chapters relating to local improvements, the grantee in the last deed of conveyance of any lot or parcel of land recorded in the office of the register of deeds of the county or counties in which the municipality is located, or his heirs or successors. See South Dakota Codified Laws 9-1-1
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Population: the number of inhabitants as determined by the last preceding federal census. See South Dakota Codified Laws 2-14-2
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Project: any plant, works, system, facilities, and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances hereto, used or useful in the generation, production, transmission, purchase, sale, exchange, or interchange of electric energy or any interest therein or capacity thereof. See South Dakota Codified Laws 9-41A-1
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public agency: any city or other municipal corporation, political subdivision, governmental unit, or public corporation created by or pursuant to the laws of this state or of another state or of the United States, and any state or the United States, and any person, board, or other body declared by the laws of any state or the United States to be a department, agency, or instrumentality thereof. See South Dakota Codified Laws 9-41A-1
  • Quorum: The number of legislators that must be present to do business.
  • Real property: is coextensive with lands, tenements, and hereditaments. See South Dakota Codified Laws 2-14-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • resolution: as used in this title shall mean any determination, decision, or direction of the governing body of a municipality of a special or temporary character for the purpose of initiating, effecting, or carrying out its administrative duties and functions under the laws and ordinances governing the municipality. See South Dakota Codified Laws 9-19-1
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Several: in relation to number, two or more. See South Dakota Codified Laws 2-14-2
  • Space: the square foot space wherein customers, patients, clients, or other invitees are received and space from time to time used or available for use in connection with a business or profession of a user, except all space owned or used by political subdivisions. See South Dakota Codified Laws 9-55-1
  • State: the State of South Dakota. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.
  • Street: includes "avenue". See South Dakota Codified Laws 9-1-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
  • Testify: every mode of oral statement under oath or affirmation. See South Dakota Codified Laws 2-14-2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third persons: includes all who are not parties to the obligation or transaction concerning which the phrase is used. See South Dakota Codified Laws 2-14-2
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transmission: the transfer of electric energy from a generating facility to, between, or among one or more cities or municipal power agencies or other persons with whom they may contract, and includes but is not limited to conversion of current and voltage and transfer of energy from another source in exchange for energy supplied by the contracting parties, but does not include distribution. See South Dakota Codified Laws 9-41A-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • utility: as used in this chapter means any system or part of system as referred to in § . See South Dakota Codified Laws 9-40-2
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Voter: a person duly registered to vote or one who is performing the act of voting. See South Dakota Codified Laws 2-14-2
  • Writing: and "written" include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
  • Year: a calendar year. See South Dakota Codified Laws 2-14-2