April 23, 1975
Mr. Carl L. Moser
Sheriff of Yankton County
Yankton, South Dakota 57078
OFFICIAL OPINION NO. 75-77
Duties imposed by SDCL 24-11-3 and 24-11-21 for sheriffs
Dear Sheriff Moser:
You have submitted a copy of a contract between the city of Yankton and the county of Yankton under which the city of Yankton will provide jail facilities for the county. You have asked whether this arrangement relieves you of the duties imposed by SDCL 24-11-13 and 24-11-21.
SDCL 24-11-13 provides:
The sheriff or other officer designated by law or ordinance shall have charge of the jail of his county or municipality and of all persons by law confined therein.
The jailer of the county jail, unless the sheriff elects to act as jailer in person, shall be a deputy sheriff.
The officer in charge of any jail shall conform in all respects to the rules and regulations prescribed by the board of charities and corrections.
SDCL 24-11-21 provides:
It shall be the duty of the officer in charge of any jail to secure bed clothing, laundry, board, nursing when required, and all necessaries for the comfort and welfare of the prisoners, for which he shall be allowed the actual cost; and such officer shall receive such compensation as may be fixed by the board of county commissioners or the governing body of the municipal corporation.
It is important to note that both statutes place responsibility on either the sheriff, the "officer designated by law or ordinance," or the "officer in charge." Therefore, the statutes clearly recognize that someone other than the sheriff may be charged with the duties imposed.
SDCL 24-11-4 provides:
Any organized township, municipality or county of the state is hereby authorized, upon passage of an affirmative resolution by each of the governing bodies of two or more such subdivisions of the state, to enter into a mutually acceptable contract, or to amend or terminate such contract, by which a jail may be used, owned, constructed, maintained, or operated, or any of the foregoing relationships may be established, by such two or more subdivisions.
This section clearly authorizes the county and city to enter into the contract you have mentioned.
You should, of course, inquire into the records to determine whether the city council and the county commissioners entered the appropriate resolutions into their records authorizing the contract. You should also inquire as to whether the Yankton chief of police or some such municipal officer has been designated, by city ordinance, as the officer in charge of the facility. If there is such a designated officer in charge, then he is responsible under SDCL 24-11-13 and 24-11-21 for discharging the duties which otherwise would fall upon you.
Therefore, it is my opinion that you are relieved of any obligations and responsibilities under SDCL 24-11-13 and 24-11-21 under the contract with the city of Yankton if the contract was authorized by resolutions of the city and county and if the city designates, by ordinance, an officer to be in charge of the jail.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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