The amendment removes specialized drug court, DUI court, veterans treatment court, and mental health court programs as specific probation conditions and consolidates them into the existing nonprofit alternative care program framework, while adding a reference to alternative care programs in driver's license revocation provisions—this NARROWS the bill by eliminating dedicated specialty courts as distinct probation options.
26.175.16 26.175.17 101st Legislative Session 1140 2026 South Dakota Legislature House Bill 1140 HOUSE JUDICIARY ENGROSSED Introduced by: Representative Hughes Underscores indicate new language. Overstrikes indicate deleted language. An Act to permit a court to impose as a condition of probation, or parole in certain 1 circumstances, treatment at a nonprofit entity awarded an alternative care 2 program grant. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That § 23A-27-18.3 be AMENDED: 5 23A-27-18.3. The conditions of probation imposed pursuant to § 23A-27-12 or 6 23A-27-13, or the conditions of a suspension of execution imposed pursuant to § 23A-27-7 18, shall provide, in addition to any other conditions, and as an explicit condition of 8 probation, suspended imposition of sentence, or suspended execution of sentence, that 9 the defendant not commit another federal, state, or local crime during the term of 10 probation or suspension. 11 The conditions of probation imposed pursuant to § 23A-27-12 or 23A-27-13, or the 12 conditions of a suspension of execution imposed pursuant to § 23A-27-18, may provide, 13 in addition to any other conditions, and as an explicit condition of probation, suspended 14 imposition of sentence, or suspended execution of sentence, that the defendant: 15 (1) Pay a fine or perform community service work as directed by the court; or 16 (2) Participate in and complete a program at any nonprofit entity awarded an 17 alternative care program grant pursuant to § 16-2-60, if: 18 (a) The defendant consents to participating in the program; 19 (b) The program has availability and the defendant's application is approved 20 based on the standard criteria for all applicants; and 21 (c) The defendant's application is completed prior to sentencing; 22 (3) Participate in and complete a drug court program, DUI court program, veterans 23 treatment court program, or mental health court program, if: 24 (a) The defendant consents to participating in the program; 25 26.175.16 2 1140 Underscores indicate new language. Overstrikes indicate deleted language. (b) The program has availability and the defendant's application is approved 1 based on the standard criteria for all applicants; and 2 (c) The defendant's application is completed prior to sentencing; 3 (2)(4) Receive treatment for chemical dependency at any South Dakota treatment facility 4 23 accredited pursuant to § 34-20A-27 and reimburse the county for costs of 5 24 treatment ordered by the court; or 6 (3)(5) 25 (3)(4) Make restitution pursuant to the provisions of chapter 23A-28. 7 26 26.175.17 2 1140 Underscores indicate new language. Overstrikes indicate deleted language. Section 2. That § 32-23-4 be AMENDED: 8 1 32-23-4. If conviction for a violation of § 32-23-1 is for a third offense, the person 9 2 is guilty of a Class 6 felony, and the court must revoke the person's driver license for a 10 3 period of not less than one year from the date sentence is imposed or one year from the 11 4 date of initial release from imprisonment, whichever is later. If the person is returned to 12 5 imprisonment prior to the completion of the period of driver's license revocation, time 13 6 spent imprisoned does not count toward fulfilling the period of revocation. If the person is 14 7 convicted of driving without a license during that period, the court must sentence the 15 8 person to the county jail for not less than ten days, which sentence may not be suspended. 16 9 Notwithstanding § 23A-27-19, the court retains jurisdiction to modify the conditions of the 17 10 license revocation for the term of the revocation. Upon the successful completion of a 18 11 court-approved chemical dependency counseling program, and proof of financial 19 12 responsibility pursuant to § 32-35-113, the court may permit the person to operate a 20 13 vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, child 21 14 care delivery or pickup, health appointments, attendance at court or probation 22 15 appointments, or attendance at counseling programs, treatment, or aftercare, or an 23 16 alternative care program pursuant to subdivision 23A-27-18.3(2). 24 Section 3. That § 32-23-4.6 be AMENDED: 25 32-23-4.6. If a conviction for a violation of § 32-23-1 is for a fourth offense, the 26 person is guilty of a Class 5 felony, and the court must revoke the person's driver license 27 for a period of not less than two years from the date sentence is imposed or two years 28 from the date of initial release from imprisonment, whichever is later. If the person is 29 returned to imprisonment prior to the completion of the period of driver's license 30 revocation, time spent imprisoned does not count toward fulfilling the period of revocation. 31 If the person is convicted of driving without a license during that period, the court must 32 sentence the person to the county jail for not less than twenty days, which sentence may 33 26.175.16 3 1140 Underscores indicate new language. Overstrikes indicate deleted language. not be suspended. Notwithstanding § 23A-27-19, the court retains jurisdiction to modify 1 the conditions of the license revocation for the term of the revocation. Upon the successful 2 completion of a court-approved chemical dependency counseling program, and proof of 3 financial responsibility pursuant to § 32-35-113, the court may permit the person to 4 operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at 5 school, child care delivery or pickup, health appointments, attendance at court or 6 probation appointments, or attendance at counseling programs, treatment, or aftercare. 7 Sentencing pursuant to this section includes the provisions of § 23A-27-18. 8 The court must sentence the person to at least two years in a state correctional 9 facility, one year of which must be served on parole, unless refused pursuant to § 24-15A-10 15. Any term of parole must include at least one of the following: enrollment in an alcohol 11 or drug accountability program, an ignition interlock, a breath alcohol interlock, an alcohol 12 monitoring bracelet, or another enhanced monitoring tool. The court may suspend this 13 sentence only if the court orders the person to participate in and complete a drug court 14 program, DUI court program, veterans treatment court program, or mental health court 15 program, or an alternative care program pursuant to subdivision 23A-27-18.3(2), as a 16 condition of probation. 17 Section 4. That § 32-23-4.7 be AMENDED: 18 32-23-4.7. If a conviction for violation of § 32-23-1 is for a fifth or subsequent 19 offense, the person is guilty of a Class 4 felony and the court must revoke the person's 20 driver license for a period of not less than three years from the date sentence is imposed 21 or three years from the date of initial release from imprisonment, whichever is later. If 22 the person is returned to imprisonment prior to the completion of the period of driver's 23 license revocation, time spent imprisoned does not count toward fulfilling the period of 24 revocation. If the person is convicted of driving without a license during that period, the 25 court must sentence the person to the county jail for not less than twenty days, which 26 sentence may not be suspended. Notwithstanding § 23A-27-19, the court retains 27 jurisdiction to modify the conditions of the license revocation for the term of the 28 revocation. Upon the successful completion of a court-approved chemical dependency 29 counseling program, and proof of financial responsibility pursuant to § 32-35-113, the 30 court may permit the person to operate a vehicle for the purposes of employment, 24/7 31 sobriety testing, attendance at school, child care delivery or pickup, health appointments, 32 attendance at court or probation appointments, or attendance at counseling programs, 33 treatment, or aftercare. 34 26.175.16 4 1140 Underscores indicate new language. Overstrikes indicate deleted language. The court must sentence the person to at least four years in a state correctional 1 facility, one year of which must be served on parole, unless refused pursuant to § 24-15A-2 15. Any term of parole must include at least one of the following: enrollment in an alcohol 3 or drug accountability program, an ignition interlock, a breath alcohol interlock, an alcohol 4 monitoring bracelet, or another enhanced monitoring tool. The court may suspend this 5 sentence only if the court orders the person to participate in and complete a drug court 6 program, DUI court program, veterans treatment court program, or mental health court 7 program, or an alternative care program pursuant to subdivision 23A-27-18.3(2), as a 8 condition of probation. 9