South Dakota Codified Laws 24-2-29.1. Rules authorizing sanctions for inmate abuse of court system
The secretary of corrections shall develop department rules which allow an inmate to be sanctioned pursuant to §§ 24-2-9 and 24-15A-4 for each instance that a court finds that the inmate has done any of the following while in the custody of the Department of Corrections:
(1) Filed a false, frivolous, or malicious action or claim with the court;
Terms Used In South Dakota Codified Laws 24-2-29.1
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Brought an action or claim with the court solely or primarily for delay or harassment;
(3) Unreasonably expanded or delayed a judicial proceeding;
(4) Testified falsely or otherwise submitted false evidence or information to the court;
(5) Attempted to create or obtain a false affidavit, testimony, or evidence; or
(6) Abused the discovery process in any judicial action or proceeding.
The violation of such rules may be considered in parole release decisions pursuant to subdivision 24-13-7(6) and shall be considered in determining substantive compliance or noncompliance with the inmate’s individual program directive pursuant to §§ 24-15A-35 and 24-15A-39.
Source: SL 1997, ch 147, § 1.