This bill strengthens penalties for bringing drugs and other contraband into South Dakota prisons by increasing the felony classifications for drug delivery to inmates. Specifically, possessing or delivering any prescription or non-prescription drug to an inmate becomes a Class 3 felony (up from a lower classification), and the bill also adds penalties for inmates who ingest controlled substances while incarcerated. The enhanced penalties apply to prison employees and visitors who smuggle these items into correctional facilities.
The amendment removed the section on inmate possession penalties and narrowed the bill to focus solely on enhancing penalties for delivering or possessing with intent to deliver controlled substances to inmates and for inmate ingestion of controlled substances—eliminating the original coverage of inmate possession of items like alcoholic beverages, cell phones, and weapons. This NARROWS the bill from a comprehensive inmate contraband statute to one targeting supply and consumption of controlled substances specifically.
This amendment transitioned the bill from its engrossed form to its enrolled form by removing legislative markup language (underscores and strikethrough indicators) and adding official enrollment signatures and certification pages, with no substantive changes to the actual penalties for drug offenses in correctional facilities.
Other amendments
Signed by the Governor S.J. 548
Delivered to the Governor S.J. 488
Signed by the Speaker H.J. 530
Signed by the President S.J. 470
House of Representatives Do Pass Amended Passed, YEAS 55, NAYS 11. H.J. 491
Judiciary Do Pass Passed, YEAS 10, NAYS 1. H.J. 31
Judiciary Scheduled for hearing
First read in House and referred to House Judiciary H.J. 194
Senate Do Pass Amended Passed, YEAS 26, NAYS 7. S.J. 147
Senate Deferred with pending amendment (Rule 5-17) S.J. 133
Senate Motion to amend S.J. 132
Senate Fiscal Note Requested S.J. 59
Judiciary Do Pass Passed, YEAS 4, NAYS 2. S.J. 1
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 13
Do Pass Amended
Judiciary — Do Pass
Do Pass Amended
Judiciary — Do Pass