Changes to Existing Law

26.152.9 26.152.10 101st Legislative Session 139 2026 South Dakota Legislature Senate Bill 139 SENATE JUDICIARY ENGROSSED Introduced by: Senator Smith Underscores indicate new language. Overstrikes indicate deleted language. An Act to revise a provision related to the transportation of an inmate upon 1 discharge from a correctional facility. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 24-5-3 be AMENDED: 4 24-5-3. If not already provided, Upon discharge of an inmate from a correctional 5 facility, whether by parole, suspended sentence, or final discharge, a correctional facility 6 official shall must provide every the inmate with suitable: suitable the following, if not already 7 provided: 8 (1) Suitable clothing, a; 8 9 (2) A sum of money to be determined by the secretary of corrections, and 9 10 transportation; and 10 11 (3) Transportation to the place one of the following locations, as chosen by the inmate: 11 locations: 12 (a) The county where the inmate resided at the time of the offense that resulted 12 13 in imprisonment; 13 14 (b) The county where the inmate received sentence; or an 14 15 (c) A location equivalent in distance upon discharge from a correctional facility, 15 16 whether by parole, suspended sentence, or final discharge to either 16 17 subsection (a) or (b), whichever is lesser in mileage. 17 18

26.152.10 26.152.11 101st Legislative Session 139 2026 South Dakota Legislature Senate Bill 139 SENATE JUDICIARY ENGROSSED Introduced by: Senator Smith Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise a provision related to the transportation of an inmate upon 1 discharge from a correctional facility. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 24-5-3 be AMENDED: 4 24-5-3. If not already provided, Upon discharge of an inmate from a correctional 5 facility, whether by parole, suspended sentence, or final discharge, a correctional facility 6 official shall must provide every the inmate with suitable the following, if not already 7 provided: 8 (1) Suitable clothing, a; 9 clothing; (2) A sum of money to be determined by the secretary of corrections, corrections; and 10 transportation; and 11 (3) Transportation to the place one of the following locations: 12 (a) The county where the inmate resided at the time of the offense that resulted 13 in imprisonment; 14 (b) The county where the inmate received sentence; or an 15 (c) A location equivalent in distance upon discharge from a correctional facility, 16 whether by parole, suspended sentence, or final discharge to either 17 subsection (a) or (b), whichever is lesser in mileage. 18 26.152.11 2 139 SB139 ENROLLED An Act to revise a provision related to the transportation of an inmate upon discharge from a correctional facility. I certify that the attached Act originated in the: Senate as Bill No. 139 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 139 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State