Search Bills

provide for the dismissal of charges against pregnant women for certain controlled substance offenses under certain circumstances.

# HB 1195 Summary Pregnant women charged with certain controlled substance offenses can have their charges dismissed if they complete a drug treatment program and meet other conditions set by the court, rather than facing criminal prosecution. This law gives judges the option to redirect pregnant women toward treatment and recovery instead of incarceration, recognizing that pregnancy presents a unique circumstance in drug offense cases.

require an incentive program to provide diversion opportunities for certain substance abuse offenses.

South Dakota will create a new financial incentive program that pays counties $250 for each person who successfully completes a court-approved diversion program for substance abuse offenses. Counties must apply annually by September 1st and provide data on how many people they referred to and completed diversion programs, with payments distributed in November. This encourages counties to use existing diversion options instead of the criminal justice system for certain substance abuse cases.

revise certain provisions regarding the commitment of a delinquent child to the Department of Corrections.

HB 1206 changes how South Dakota courts can handle sentences for juveniles found guilty of delinquency by requiring judges to choose the "least restrictive alternative" that serves the child's best interests. The bill revises the types of dispositions available to courts—including probation, community service, restitution, and fines—when sentencing delinquent children, with an emphasis on rehabilitation rather than institutional commitment.

revise the eligibility for presumptive probation.

South Dakota law currently requires judges to impose probation for certain felony convictions, but this bill adds a new eligibility requirement—judges must now find that a person "meets the conditions" of a separate statute before probation becomes mandatory. The bill also clarifies that probation eligibility applies only to those not already ineligible under other existing laws, creating a more restrictive system that gives judges more discretion to impose prison sentences when they identify aggravating circumstances.

revise the penalty for the ingestion of certain controlled substances.

This bill reduces penalties for possessing certain controlled substances in your body without a prescription. First-time offenses for Schedule III or IV drugs (like some prescription painkillers) now result in a Class 1 misdemeanor instead of a felony, while Schedule I or II drugs remain Class 5 felonies; repeat offenses still carry harsher penalties including jail time and potential felony charges.

revise certain conditions under which presumptive probation may be applied.

This bill expands the list of crimes that are excluded from South Dakota's presumptive probation rules, meaning judges must now give probation to fewer offenders convicted of Class 5 and 6 felonies. It adds several new felony categories—including certain drug, theft, and sexual abuse offenses—to the exceptions where judges can skip probation and impose prison time instead.

provide for the discharge of certain persons who received a suspended imposition of sentence for a misdemeanor.

HB 1089 eliminates two outdated state law sections (§2-5-2 and §2-5-3) that governed how people who received a suspended imposition of sentence for a misdemeanor could be discharged from that sentence. This change simplifies the discharge process for individuals who completed misdemeanor sentences without serving jail time.

limit public employer consideration of certain criminal backgrounds.

South Dakota public employers (except the Department of Corrections and school districts) are now prohibited from asking job applicants about their criminal history or considering it until after an applicant has been selected for an interview. Public employers can still notify applicants upfront that certain criminal convictions will disqualify them from specific positions, and they can still conduct background checks if required by law for certain jobs.

revise the penalty for the misuse of emblem specialty plates on motor vehicles.

South Dakota is reducing the criminal penalty for illegally using emblem specialty license plates or unauthorized emblems on vehicles from a Class 1 misdemeanor to a Class 2 misdemeanor. This makes the offense a less serious crime, though it remains a misdemeanor violation.

modify certain provisions regarding the repayment of restitution.

Starting July 1, 2020, people on probation can no longer use earned discharge credits to shorten their probation term unless they've fully repaid any court-ordered restitution to victims. Instead of earning and immediately using these credits, probationers will accumulate them while making restitution payments, then can apply the credits only after paying back the full amount owed.

amend parole provisions regarding life sentences.

SB 138 clarifies parole eligibility rules for inmates sentenced to life imprisonment by specifying that Class A felony lifers are generally ineligible for parole (with limited exceptions), Class B felony lifers must serve 40 years before becoming eligible, and Class C felony lifers must serve 30 years before becoming eligible. The bill allows prisoners in all three categories to potentially become eligible earlier only if they meet specific criteria outlined in other parole statutes.