CHAPTER 138

(HB 1022)

Work release inmates, disposition of certain funds received.

         ENTITLED, An Act to  revise the disposition of funds received for charges for board and room for work release inmates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 24-8-8 be amended to read as follows:

     24-8-8.   The earnings of inmates released under this chapter shall be assigned and paid to the warden of the state penitentiary Department of Corrections .

     Section  2.  That § 24-8-9 be amended to read as follows:

     24-8-9.   The warden Department of Corrections shall place all earnings in the inmate's account and make disbursements therefrom in the priority set forth below:

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             (1)      The board and room charges of the inmate;

             (2)      Necessary travel expenses and other incidental expenses of the inmate related to the inmate's release program;

             (3)      Support of the inmate's legal dependents;

             (4)      Payments on fines and restitution;

             (5)      Payments of personal debts and obligations upon proper proof and at the discretion of the inmate;

             (6)      The balance, if any, to be retained in the inmate's account and paid to the inmate upon parole or discharge.

     Section  3.  That § 24-8-11 be amended to read as follows:

     24-8-11.   The secretary of corrections shall determine the amount to be paid for board and room by each work release inmate being housed at a state correctional facility . If special circumstances warrant or for a just and reasonable cause, the secretary of corrections may waive the payment of board and room charges.

     All the board and room charges paid to the state penitentiary Department of Corrections for confinement shall be placed in the state general a fund within the Department of Corrections .

     Signed February 14, 2006

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