Inmate Rights in South Dakota

South Dakota's prison rights landscape is defined by two facts that appear in no other state in this series. First, South Dakota is the only state in the United States with a drug ingestion mandatory minimum sentence of two years in prison. As of recent legislative discussions, 241 people in South Dakota prisons had drug ingestion as their highest convicted crime, and 236 of them were serving the maximum five year sentence. Second, the state approved a $650 million new men's prison in Sioux Falls in a special legislative session in September 2025, driven partly by a federal court order addressing overcrowding at the South Dakota State Penitentiary, which has been in use since before statehood.

The South Dakota Department of Corrections, known as SDDOC, oversees eight state correctional facilities plus contracted space at the St. Francis House in Sioux Falls, Cornerstone Rescue Mission in Rapid City, and the Hughes County Jail in Pierre. SDDOC also oversees the state juvenile corrections system. Effective December 2023, in person visits at SDDOC facilities are no longer scheduled in advance; video visits must still be scheduled at sddoc.gtlvisitme.com at least 72 hours ahead. A governor appointed rehabilitation reform task force is examining the ingestion law and other sentencing issues.

This guide covers rights inside South Dakota state prisons and county jails across ten domains, grounded in SDDOC policy, South Dakota statute, and the current legal landscape.

Here is the short version, before we take each right apart.

Medical and mental health care are constitutionally required. Mail must include the offender's name and DOC number plus a complete legible return address; male offenders write to SDSP in Sioux Falls, female offenders write to South Dakota Women's Prison in Pierre; money orders and cashier's checks only, no cash or personal checks; JailATM for online deposits. Phones use GTL ConnectNetwork (AdvancePay or PIN Debit). In person visits are no longer scheduled in advance (since December 2023); video visits must be scheduled at sddoc.gtlvisitme.com at least 72 hours ahead. Grievances must be exhausted before federal court. Disciplinary hearings carry due process protections. PREA protections apply. SDDOC operates a dog training program where inmates train dogs. Religious practice is protected under the First Amendment and RLUIPA. ADA accommodations are required. South Dakota restores voting rights upon release from prison; people on parole can vote.

Medical and mental health care

Every person in a South Dakota state prison has a constitutional right to adequate medical and mental health care under the Eighth Amendment. SDDOC provides health care services across its facilities. South Dakota's drug ingestion law has resulted in a large number of people serving prison sentences for substance use offenses; more than 90 percent of imprisoned women in South Dakota have substance use disorders, and SDDOC's programming includes substance use disorder treatment.

If your loved one is not receiving needed medical or mental health care, submit every request in writing with a date, keep copies, and file a formal grievance through SDDOC. SDDOC's constituent services staff are available to assist family and friends with questions or concerns. If your concern pertains to the care, custody, and supervision of an offender, you should first contact the facility in which they are housed. Contact the ACLU of South Dakota for systemic medical care concerns.

Mail: addresses, rules, and deposits

Mail in South Dakota state prisons must include the offender's name and DOC number as well as a complete and legible return address. Failure to include all of this information may result in rejected correspondence. For male adult offenders, write to: (Offender Name and DOC Number), South Dakota State Penitentiary, 1600 North Drive, PO Box 5911, Sioux Falls SD 57117 5911. For female adult offenders, write to: (Offender Name and DOC Number), South Dakota Women's Prison, 3200 East Highway 34, c/o 500 East Capitol Avenue, Pierre SD 57501 5070. Note: offenders in Admission and Orientation (A&O) can receive mail but are not allowed visits or phone calls until they are assigned to a housing unit.

To send money, approved visitors may send money orders or cashier's checks in US currency to the facility by mail. Cash and personal checks are not accepted. The money order or cashier's check must be payable to the offender and include the offender's first name, last name, and DOC ID number. The remitter's name and address must be included. Approved visitors can also send money online through JailATM; funds are typically available within two days. JailATM support is available at 1 877 810 0914 or support@jailatm.com. Packages can be ordered through Union Supply at SDPackageProgram.com; Union Supply customer service is at 424 338 9020.

Phone: GTL ConnectNetwork

Phone calls from South Dakota state prisons use the GTL ConnectNetwork platform. Calling options include AdvancePay and PIN Debit accounts. Calls are monitored and recorded except for calls to attorneys. Phone rates are subject to the FCC's prison telephone rate caps, expanded in 2024 to cover all facilities regardless of size.

Video visitation is scheduled through GTL's VisitMe platform at sddoc.gtlvisitme.com. InmateAid can help families navigate GTL ConnectNetwork accounts and the current phone options for the specific SDDOC facility. Offenders in Admission and Orientation cannot receive phone calls until they are assigned to a housing unit.

Visitation: no advance scheduling for in person visits

Effective December 2023, in person visits at all SDDOC facilities are no longer scheduled in advance. Visitors must be on the approved visitor list for the inmate. Each facility has its own visiting schedule, days, times, and restrictions. Video visitation must still be scheduled at sddoc.gtlvisitme.com no later than 72 hours prior to the desired visit time. SDDOC's visitor apparel and items allowed guidelines remain in effect for all facilities.

SDDOC also announced statewide visitation changes effective January 5 (noted on its website). Families should check the specific facility's current visiting information through the SDDOC website at doc.sd.gov. If a visit is denied or a visitor is removed from an approved list, file a grievance through SDDOC. County jails in South Dakota operate under their own local authority with separate visiting rules. Contact InmateAid for current facility specific visiting information.

The grievance process

SDDOC maintains an internal grievance process for incarcerated people. Grievances must be filed and exhausted through the internal SDDOC process before a federal civil rights lawsuit can be filed under the Prison Litigation Reform Act. SDDOC policy notes that some policies are marked Non Public and are not available to offenders in SDDOC care and custody or available online; they exist for safety and security reasons.

SDDOC constituent services staff are available to assist family and friends with general inquiries and legitimate concerns. If your concern pertains to a parolee on community supervision, contact the parole office in their area. File every grievance in writing, keep a copy, and document every response and every failure to respond within required timeframes. Contact the ACLU of South Dakota for systemic concerns after the internal process is complete.

Disciplinary hearings

When a person in South Dakota state custody is accused of a disciplinary infraction, they are entitled to the minimum due process protections from Wolff v. McDonnell: advance written notice of the charge, a hearing, and a written statement of the evidence and reasons for any sanction. SDDOC policy governs the disciplinary process at its facilities. The Offender Living Guide distributed to all inmates during Admission and Orientation explains the rules governing inmate conduct, discipline, and visiting.

A disciplinary conviction can affect classification, housing assignment, program eligibility, visiting access, and parole consideration. Document what happened at any disciplinary hearing, who was present, and what evidence was considered. If the hearing result appears to violate procedural requirements, file a grievance through SDDOC.

Drug ingestion law and new prison construction

South Dakota is the only state in the United States with a drug ingestion mandatory minimum sentence of two years in prison, with a maximum sentence of five years. As of recent legislative discussions, 241 inmates had drug ingestion as their highest convicted crime, and 236 were serving the five year maximum. A 2020 bill to roll back the ingestion sentencing law failed in committee. The ingestion law is a primary driver of South Dakota's incarceration rates.

In September 2025, the South Dakota Legislature approved a $650 million new men's prison in Sioux Falls in a special session, driven partly by a federal court order addressing overcrowding at the South Dakota State Penitentiary (in use since before statehood). Governor Larry Rhoden also approved $87 million for a new women's prison in Rapid City, scheduled to open in July 2025, housing up to 300 women, designed for minimum and medium security inmates. A governor appointed rehabilitation reform task force led by Lt. Gov. Tony Venhuizen is examining recidivism, sentencing, and programming; the legislative committee is expected to finalize recommended legislation in 2026. These structural changes do not change the underlying rights of people in custody, but they are context for understanding why SDDOC's facilities are under significant pressure.

SDDOC dog program and programming

SDDOC operates a program in which inmates train dogs, highlighted on the SDDOC website's home page as an opportunity that helps the community. This type of animal assisted programming has shown positive outcomes for incarcerated participants and the dogs they train, who often go on to serve as service animals or are adopted. SDDOC's programming also includes educational and rehabilitation programs available to inmates.

The Offender Living Guide given to all inmates during Admission and Orientation explains available services, institutional operations, and rules and regulations, including classification, rules governing inmate conduct, discipline, visiting, mail, and telephone access. SDDOC's mission includes facilitating opportunities for positive, permanent change and successful reentry through evidence based assessments and programming. Contact InmateAid for current programming availability at the specific SDDOC facility.

PREA and protection from sexual abuse

The Prison Rape Elimination Act applies in all SDDOC facilities and in South Dakota county jails. Every person in custody has the right to be free from sexual abuse and sexual harassment by staff and by other incarcerated people. SDDOC must maintain PREA policies, train staff, provide a reporting mechanism, and protect people who report from retaliation.

Reports of sexual abuse or harassment can be made to facility staff, the PREA coordinator, or through external reporting options. Retaliation against someone who reports is a PREA violation and the basis of a separate complaint. Document every incident, every report made, and any change in housing or treatment that follows a report. Contact the ACLU of South Dakota for systemic PREA compliance concerns.

Religious practice

People incarcerated in South Dakota state prisons have the right to religious practice under the First Amendment and the federal Religious Land Use and Institutionalized Persons Act. SDDOC must accommodate sincere religious beliefs and practices unless it can demonstrate a compelling security interest that cannot be addressed through less restrictive means. Religious services and educational programs are available within SDDOC facility regulations as part of the department's rehabilitation commitment.

Requests for specific religious accommodations, including dietary adjustments and access to religious items, go through a formal request process at the facility. A denial must rest on a genuine documented security concern. Denials can be challenged through the SDDOC grievance process and, if unresolved, in federal court under RLUIPA. Document the specific accommodation requested, the reason given for any denial, and every step taken.

ADA and disability accommodations

People with disabilities in South Dakota state prisons are protected by the Americans with Disabilities Act. SDDOC must provide reasonable accommodations for people with mobility, vision, hearing, cognitive, and other disabilities. Requests for disability accommodations should be submitted in writing to the facility.

A denial or failure to respond can be challenged through the SDDOC grievance process and, if unresolved, in federal court. Contact the Disability Rights South Dakota organization or the ACLU of South Dakota for systemic disability access concerns. Document every accommodation requested and every response received.

Voting rights: restored upon release from prison

South Dakota's felony voting rights law is relatively favorable. Voting rights for people with felony convictions are restored upon release from prison. People on parole in South Dakota can vote. People on probation in South Dakota can vote. This places South Dakota among the states that restore voting rights upon release from incarceration rather than requiring completion of all supervision.

People who have been released from a South Dakota state prison and need to register to vote should contact the South Dakota Secretary of State's office or their county auditor. People currently serving a felony sentence inside a South Dakota state prison or county jail do not have the right to vote during that incarceration.

The bottom line for South Dakota

South Dakota's prison rights landscape is defined by the nation's only drug ingestion mandatory minimum (two years, maximum five), the $650 million new men's prison approved in September 2025, an $87 million new women's prison in Rapid City scheduled to open July 2025, in person visits no longer requiring advance scheduling since December 2023 with video visits still requiring 72 hour advance booking at sddoc.gtlvisitme.com, GTL ConnectNetwork for phone and video, and voting rights restored upon release from prison including during parole and probation.

The rights in this guide are real: adequate medical care under the Eighth Amendment with substance use disorder treatment programs given the ingestion law context, mail with specific name and DOC number requirements and JailATM for online deposits, GTL ConnectNetwork phone and video with sddoc.gtlvisitme.com for video scheduling, in person visits without advance scheduling and video visits requiring 72 hour advance booking, a grievance process that must be exhausted before federal court, due process in disciplinary hearings with the Offender Living Guide given at orientation, the SDDOC dog training program and evidence based programming, PREA protections, religious accommodation, ADA access, and voting rights restored upon release including during parole and probation. Document everything, file every grievance, contact the ACLU of South Dakota for systemic concerns, and stay in contact through InmateAid.