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 engrossed version removes the section criminalizing inmate possession of controlled substances and focuses the bill exclusively on penalizing delivery and possession with intent to deliver by employees or outside persons to inmates—effectively narrowing the bill's scope to target those smuggling drugs into facilities rather than punishing inmates for ingestion or possession. This NARROWS the bill's original purpose by eliminating inmate-centered penalties and concentrating enforcement on external supply chains.
The amendment converted the bill from engrossed to enrolled status (final legislative form) by removing markup language and formatting while preserving all substantive penalties unchanged—the bill still enhances penalties for drug ingestion, possession with intent to deliver, and delivery in state correctional facilities, with inmates facing Class 5 felony charges for violations.
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