HB 1023 repeal and revise certain provisions relating to the Departmen...

State of South Dakota

EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012

Introduced by: The Committee on Judiciary at the request of the Department of Corrections

        FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions relating to the Department of Corrections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 1-15-1.9 be repealed.
    1-15-1.9. If it is determined that a function of a transferred agency, which has not been eliminated by this chapter, and its associated records, personnel, equipment, facilities, unexpended balances or appropriations, allocations, or other funds have not been clearly allocated to an agency, the Governor shall specify by interim procedures the allocation of the function and its associated resources. At the next legislative session following the issuance of such interim procedures, the Governor shall make recommendations concerning the proper allocation of the functions of transferred agencies which are not clearly allocated by this chapter. Any interim procedures issued shall be filed with the secretary of state.
    Section 2. That § 1-15-1.11 be repealed.
    ~~1-15-1.11. No judicial or administrative suit, action, or other proceeding lawfully commenced before July 1, 1989, by or against any agency or any officer of the state, in his~~

official capacity or in relation to the discharge of his official duties, may abate or be affected by the reason of the taking effect of any reorganization under the provisions of this chapter. The court may allow the suit, action, or other proceeding to be maintained by or against the successor of any agency or any officer affected by this chapter.
    Section 3. That § 1-15-16 be repealed.
    1-15-16. The Department of Corrections may expend from any appropriation of money for the construction of any public building that may lawfully be constructed under its supervision, or from any appropriation made for such purposes, sufficient funds to purchase and secure such protection from loss by fire during the erection of such building as may be proper in the judgment of the secretary of corrections.
    Section 4. That § 1-15-16.1 be repealed.
    1-15-16.1. The Department of Corrections may move, dismantle, destroy, or sell temporary buildings or structures as the secretary may determine to be in the best interests of the State of South Dakota, in order to make better use of the area, or because of extensive maintenance and repair costs, or because of fire safety hazards. However, such structures shall be evaluated by the Bureau of Administration and a determination made that it would not be economically feasible to repair, remodel, or redesign the structures for other use.

    ~~Receipts from the sale of such structures shall be deposited in the state general fund.~~
    Section 5. That § 24-7-17 be repealed.
    24-7-17. The director of prison industries is responsible for the collection of prison industries accounts. Any uncollectable account, not in excess of fifty dollars, which is one year past due, may be closed. Any uncollected account with a balance of fifty dollars or more, which is one year past due, shall be reported to the attorney general, who shall attempt to collect the money owed.

    Section 6. That § 24-7-18 be repealed.
    24-7-18. In the collection of past-due accounts of the prison industries, the attorney general may institute probate proceedings as a creditor of any deceased person or institute other court actions to collect the past-due account, enter into any stipulation or agreement to compromise or settle the past-due account, whether paid in full or not, if, in the attorney general's judgment, it is for the best interests of the state to do so, and make any such settlement or compromise and execute any release, partial release, discharge, satisfaction, or partial satisfaction of any lien if necessary to the settlement of the account. However, before making such settlement, the attorney general shall secure the approval of the secretary of corrections to the settlement.
    Section 7. That § 24-7-19 be repealed.
    24-7-19. The attorney general may employ such special assistant attorney or collector as may be necessary to collect any delinquent accounts of the prison industries and to pay such special assistant attorney or collector on a salary, fee, or contingent fee basis as the attorney general may deem best. All of such expense, including filing fees, sheriff's fees, court costs, traveling, expenses, and other necessary expenses of collection, shall be paid out of the sums collected, or out of the prison industries revolving fund on itemized claims approved by the attorney general and the secretary of corrections; but the amount expended for such purposes from the prison industries funds may not exceed the sum of five hundred dollars.
    Section 8. That § 24-11A-1 be repealed.
    ~~24-11A-1. Terms used in this chapter mean:~~

(1) "Adult community corrections facility," a community-based or community-oriented facility or program operated either by a unit of local government or by a nongovernmental agency which:

(a) Provides residential and nonresidential accommodations and services for

clients;

(b) Provides programs and services to aid clients to obtain and hold regular employment, enroll in and maintain academic courses, participate in vocational training programs, utilize the resources of the community to meet their personal and family needs and participate in specialized treatment programs existing within the community; or

(2) "Client," an offender, parolee, or inmate after being accepted and enrolled in an adult community corrections facility or program;

(3) "Department," the Department of Corrections;

(4) "Inmate," an adult serving a sentence in the South Dakota prison system for a crime other than a violent crime as defined in subdivision 22-1-2(9);

(5) "Local community correctional board," a nine member local advisory board representative of law enforcement, prosecution, defense, the Department of Corrections, court services, and the general community;

(6) "Local unit of government," a county or municipality;

(7) "Nongovernmental agency," any person or organization other than a unit of local government and includes private profit organizations;

(8) "Offender," an adult who has entered a plea of guilty to or has been convicted of a felony, but excluding any individual who has plead guilty or been convicted of committing a violent felony as defined in subdivision 22-1-2(9);

(9) "Parolee," an inmate who has received a discretionary conditional release from actual penitentiary custody before the expiration of their term of imprisonment. This term also includes any inmate released by the court under suspended sentence and placed

under the supervision of the Board of Pardons and Paroles for the period of the inmate's supervision;

            ~~(10)    "Secretary," the secretary of the Department of Corrections.~~
    Section 9. That § 24-11A-2 be repealed.
    ~~24-11A-2. A local unit of government may contract with the secretary for the placement of offenders, parolees, and inmates in its adult community corrections facility or program.~~
    Section 10. That § 24-11A-3 be repealed.
    24-11A-3. A nongovernmental agency may contract with the secretary for the placement of offenders, parolees, and inmates in its adult community corrections facility or program. A nongovernmental agency shall obtain initial approval to locate in a municipality or county from the applicable local unit of government. If the facility is to be sited in a municipality, approval shall be obtained from the governing body of the municipality and from the applicable county commission. If the facility is to be sited outside a municipality, approval shall be obtained from the applicable county commission.
    Section 11. That §§ 24-11A-4 to 24-11A-20, inclusive, be repealed.
    Section 12. That § 1-32-2 be amended to read as follows:
    1-32-2. For the purposes of achieving reorganization under the terms of S.D. Const., Art. IV, § 8, the following principal departments are established:

(1) Department of Executive Management;

(2) Department of Public Safety;

(3) Department of Social Services;

(4) Department of Labor and Regulation;

(5) Department of Education;

(6) Department of Environment and Natural Resources;

(7) Department of Game, Fish and Parks;

(8) Department of Health;

(9) Department of Agriculture;

(10) Department of Transportation;

(11) Department of the Military;

(12) Department of Revenue;

(13) Department of Human Services;

(14) Department of Tourism;

(15) Department of Veterans Affairs;

(16) Department of Tribal Relations;

(17) Department of Corrections.