CHAPTER 124

(SB 149)

Housing of prisoners, revise provisions relating to costs.

         ENTITLED, An Act to  revise certain provisions related to the housing of prisoners from other jurisdictions.

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

     Section  1.  That § 24-11-3 be amended to read as follows:

     24-11-3.   If there is no jail or juvenile detention facility in the county, or if the jail or juvenile detention facility in the county is crowded, unsafe, or otherwise insufficient to conform to the requirements of this chapter, every judicial or executive officer of the county who has the power to order, sentence, or deliver any person to the county jail or juvenile detention facility may order, sentence, or deliver such person to the jail or juvenile detention facility of any near or adjoining state, county, organized township, or municipality , pursuant to a written agreement to house such prisoner . The county from which the prisoner was committed shall pay to the agency housing the prisoner all expenses of keeping and maintaining the prisoner in the jail or juvenile detention facility, including the cost of building depreciation, administration, and a reasonable charge for obsolescence of the facility and all other tangible and intangible costs , to the county .

     Signed March 5, 2001.

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