South Dakota 2023 Regular Session

South Dakota Senate Bill SB53

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
1/17/23  
Engrossed
1/18/23  
Refer
1/19/23  
Report Pass
3/1/23  
Enrolled
3/6/23  

Caption

Exempt records regarding jail inmate disciplinary matters from public inspection and copying.

Impact

If enacted, SB53 will reinforce existing laws by specifically designating inmate disciplinary records as confidential, thereby limiting public access to this information. Proponents contend that such measures are essential to maintain a secure environment in correctional facilities, ensuring that sensitive details do not compromise security protocols or put individuals at risk. However, critics express concerns that the bill undermines transparency and accountability within the correctional system, potentially hiding misconduct or negligence from public scrutiny.

Summary

Senate Bill 53 seeks to amend public records laws in South Dakota by exempting records related to jail inmate disciplinary matters from public inspection and copying. The bill aims to enhance the confidentiality of such records, which supporters argue is necessary to protect the safety and privacy of both inmates and the correctional personnel involved in these disciplinary processes. The legislation reflects a growing trend towards safeguarding sensitive information in the realm of law enforcement and corrections, with implications for transparency surrounding inmate treatment and disciplinary actions.

Sentiment

The sentiment surrounding SB53 appears to be divided among lawmakers and advocacy groups. Supporters, including some legislative members and correctional officials, view the bill as a necessary step for improving the operational integrity of correctional institutions and protecting involved parties. Conversely, opponents argue that increased confidentiality creates a lack of accountability for facilities, which could lead to unchecked abuses of power and insufficient oversight of inmate treatment.

Contention

A key point of contention relates to the balance between ensuring the safety of correctional staff and inmates versus the public's right to know about the conditions and treatment of inmates. Critics fear that this newfound secrecy could result in a lack of proper monitoring of disciplinary procedures and potentially shield wrongful actions from the public eye. Advocates for transparency contend that disciplinary actions are crucial aspects of public interest and should remain accessible to foster accountability within the jail system.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1087

Revise certain provisions regarding records that are not open to inspection and copying and deliberations in an executive or closed meeting.

SD SB1252

Wages: records: inspection and copying.

SD AB436

Wages: records: inspection and copying.

SD HB3976

Relating to public records exemptions.

SD HB2730

Open records; inspection and copying of records; written notice; effective date.

SD HB5351

Civil rights: public records; certain records of local offices of inspector generals; exempt from disclosure under freedom of information act. Amends sec. 13 of 1976 PA 442 (MCL 15.243).

SD AB1455

The California Public Records Act: exemptions.

SD HB5749

Civil rights: public records; certain law enforcement disciplinary personnel records; require to be subject to freedom of information act requests. Amends sec. 13 of 1976 PA 442 (MCL 15.243).

SD SB9

Make public the calendars and appointment logs of statewide public officials.

SD AB2676

California Public Records Act: exemptions.

Similar Bills

No similar bills found.