State Codes and Statutes
Statutes > South-dakota > Title-24 > Chapter-11a > Statute-24-11a-1324-11A-13. Transfer of inmate to residential adult community corrections facility. Upon recommendation of the warden, an inmate may be transferred to a residential adult community corrections facility. Transfer of an inmate to a residential adult community corrections facility may only occur if:
(1) The warden determines the inmate poses a low risk of escape or violence;
(2) The inmate meets the definition as described in subdivision 24-11A-1(4);
(3) The inmate is within twelve months of parole eligibility date and the inmate's conduct during confinement has been such that the inmate will likely be released on parole within twelve months;
(4) The adult community corrections facility has an established local community correctional board and has entered into a contract to provide services with the department;
(5) The inmate is accepted by the adult community corrections facility and the local community correctional board as described in § 24-11A-5 and subdivision 24-11A-11(1);
(6) The warden notifies the sentencing court and the law enforcement agencies of the affected local units of government of the identity of the inmate to be transferred;
(7) Funding for the placement is available; and
(8) The inmate has agreed in writing to abide by the regulations of the adult community correctional facility and any additional conditions imposed by the warden prior to being transferred.
Approval of a transfer under this section is not a discharge of the inmate but is an extension of the confinement limits of the institution to which the inmate was incarcerated. The warden may repeal the transfer of any inmate under this section for violation by the inmate of the conditions of placement. Upon the repeal, the inmate shall be returned to the appropriate receiving unit in the penitentiary system.
Source: SL 1991, ch 208, § 15; SL 1993, ch 189, § 6; SL 1994, ch 189, § 5.
