Members of recognized news media agencies can submit a request for information via email, per DOC Policy 100-04.
By Email:
DOCInfo@state.sd.us
Due to the number of requests received, we cannot guarantee a response in the time period in which you request.
South Dakota Codified Law (SDCL)§ 24-2-20 provides a list of offender information that may be released by the department for the purpose of community and victim notification. Much of that information is available on the Offender Locator on the DOC website.
While that statute allows for the release of an offender’s date of birth or age, it is the policy of the DOC to only release an offender’s date of birth to agencies with a legitimate interest or need to know an offender’s date of birth.
SDCL 23-5-7 covers the request of a photo of an offender. We are not required to release a photo of an offender if that photo was taken more than six months prior. There may also be a charge for reproducing any photo. PLEASE NOTE: DOC does not have, nor do we maintain, a record of arrest photos by law enforcement agencies. We only have photos of those offenders who have been sentenced to prison.
Per agency policy, the DOC does not issue public statements regarding the cause of death of an offender. Certain individually identifiable information pertaining to an offender and the facts and circumstances of the offender’s death may be protected by Health Insurance Portability and Accountability Act (HIPAA) privacy rules/confidentiality requirements. The DOC security and clinical services staff providing health care to an offender are covered entities and must comply with confidential requirements regarding protected health information. E. Any member of the public requesting information from the DOC specific to the cause and/or manner of an offender's death, can contact the county coroner/medical examiner’s office in the county where the death occurred. Certified copies of the final coroner’s report may be available from the county coroner/medical examiner’s office if/when the death is determined to be a public record.
Examples of information not open to public inspection or release include the following (this is not intended to be an inclusive list - See SDCL §1-27-1.5):
1. Offender medical records, counseling or treatment records;
2. Information subject to attorney privilege;
3. Records that constitute part of an examination, investigation or pending litigation;
4. Confidential informant information;
5. Strategic or tactical information used in department training;
6. Location, configuration or other details about security critical systems or processes;
7. Emergency or disaster response plans or protocols;
8. Safety or security audits or reviews;
9. Any records which, if disclosed, could endanger the life or safety of any person; and
10. Offender disciplinary matters.
Personnel information is limited to salaries and routine directory information. That information is available on the Open SD site (open.sd.gov/).
Any information posted to the DOC website (doc.sd.gov/), OPEN SD (open.sd.gov/), the Boards and Commissions Portal (boardsandcommissions.sd.gov/), social media platforms recognized and approved by the DOC, or released through a media advisory, may be released, forwarded and shared.
Information concerning juvenile offenders is confidential and will not be released unless the custodial parent or guardian and the juvenile sign an Authorization for Release of Information form (See Attachment 2), or the court orders the release of specified confidential information.