Search Bills

Revise a provision related to civil commitment following a determination of mental incompetency.

HB 1060 clarifies that when a court determines a defendant found mentally incompetent has a good chance of becoming competent within a year, the court **must** order them into a restoration program (rather than simply having the option to do so). The bill also specifies that defendants not considered dangerous to others can be placed on outpatient status for this restoration, giving courts more flexibility in how they handle these cases.

To provide for an interim study to examine the South Dakota criminal justice system with a focus on substance abuse, mental health issues, and corrections.

This resolution creates a special interim committee to study South Dakota's criminal justice system, focusing on how substance abuse and mental health issues drive crime and how corrections could be improved. The committee will examine recidivism rates, review successful programs from other states, and evaluate whether shifting substance abuse treatment from the criminal justice system to public health approaches could work in South Dakota. This is a study request, not a change to existing law.

Revise the penalty and provide treatment for the ingestion of certain controlled substances.

South Dakota currently treats drug ingestion as a felony regardless of prior history, but this bill changes it to a misdemeanor for first and second offenses while requiring drug evaluation and treatment as conditions of probation. Only a third violation within five years would become a felony under the new system. This shift prioritizes treatment over immediate felony prosecution for people struggling with substance use.