SB 140

 26.153.9  101st Legislative Session  140
                                    2026 South Dakota Legislature
                                             Senate Bill 140
 Introduced by: Senator Smith
1 An Act to revise provisions related to inmate compensation.
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
3 Section 1. That § 23A-28B-40 be AMENDED:
423A-28B-40. There is established within the state treasury the crime victims'
5     compensation fund, into which shall be is deposited surcharges collected pursuant to
6     § 23A-28B-42, interest earned pursuant to section 4 of this Act, deductions from prison
7     industries revenues or inmate wages pursuant to subdivision 24-7-3(1), contributions,
8     grants, payments ordered by the court, interest received on moneys in the fund, and all
9     other fees and moneys collected for the purposes of this chapter. This fund shall may be
10     used only for the purposes of paying compensation awards and, administering the crime
11     victims' compensation program, as provided for in this chapter. The fund may also be
12     used, and reimbursing a law enforcement agency or law enforcement officer, as provided
13     in § 23A-28B-40.1.
14 Section 2. That § 24-2-29 be AMENDED:
1524-2-29. Each An inmate is liable for court-ordered fines, costs, fees, sanctions,
16     and restitution and; any obligation incurred while under the jurisdiction of the Department
17     of Corrections, including those provided for in §§ 24-2-28, 24-7-3, 24-8-9, 24-15-11, 24-
18     15A-24, and 23A-35B-4; and any other charge owed to the state. Disbursement shall
19     Except as provided in section 4 of this Act, disbursement must be made from an inmate's
20     institutional account to defray the inmate's obligation, regardless of the source of the
21     inmate's funds moneys, including moneys in the inmate's institutional account pursuant
22     to § 24-2-5 and wages earned by the inmate pursuant to §§ 24-4-9, 24-7-3(3), 24-7-6,
23     and 24-8-8.
24 Section 3. That § 24-4-9 be AMENDED:
                                                                              Underscores indicate new language.
                                                                            Overstrikes indicate deleted language.
 26.153.9  2  140
124-4-9. The warden may authorize monetary compensation to inmates for work
2    performed under the provisions of § 24-4-7. The amount authorized may not be less than
3    one dollar and twenty-five cents per hour.
4 Section 4. That a NEW SECTION be added to chapter 24-4:
5A correctional facility official shall deposit twenty-five percent of all compensation
6    earned by an inmate under the official's custody, pursuant to this chapter, in a personal
7    savings account for the inmate. Moneys deposited in the inmate's personal savings
8    account may not be disbursed to defray any obligation pursuant to § 24-2-29.
9Upon discharge of an inmate from a correctional facility, whether by parole,
10    suspended sentence, or final discharge, a correctional facility official shall disburse the
11    balance of the personal savings account to the inmate.
12On a quarterly basis, a correctional facility official shall deposit into the crime
13    victims' compensation fund any interest accrued from funds deposited in the inmate's
14    personal savings account.
                                                                               Underscores indicate new language.
                                                                             Overstrikes indicate deleted language.