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.
26.456.15 26.456.16 101st Legislative Session 42 2026 South Dakota Legislature Senate Bill 42 SENATE ENGROSSED Introduced by: The Chair of the Committee on Judiciary at the request of the Attorney General Underscores indicate new language. Overstrikes indicate deleted language. An Act to enhance the penalties for ingestion, possession, possession with intent to 1 deliver, and 1 delivery of a controlled substance in a state correctional facility. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 24-2-14 24-2-22 be AMENDED: 4 24-2-14. Possession of the following articles by an inmate of a state correctional 5 facility, unless directly issued by the Department of Corrections and used in accordance 6 with the department's policies and procedures, is a felony pursuant to the following 7 schedule: 8 (1) Possession of any alcoholic beverage or marijuana is a Class 6 felony; 9 (2) Possession of a cell phone or any other electronic communication device prohibited 10 by Department of Corrections policy is a Class 4 felony; 11 (3) Possession of any prescription or nonprescription drug or controlled substance, as 12 defined by chapter 34-20B, except by written order for a definite period from a 13 physician, physician assistant, or certified nurse practitioner, as defined in chapters 14 36-4, 36-4A, and 36-9A, is a Class 4 Class 3 felony; 15 (4) Possession of a dangerous weapon as defined by § 22-1-2 is a Class 2 felony; and 16 (5) Possession of any article, not proscribed by this section, that is not provided by or 17 authorized by the facility in any form, is a Class 6 felony. 18 Section 2. That § 24-2-22 be AMENDED: 19 24-2-22. Any employee or other person who delivers or procures to be delivered, 20 5 or possesses with the intent to deliver, to any inmate in a state correctional facility, or 21 6 who deposits or conceals in or around any facility or place used to house inmates, or in 22 7 any mode of transport entering the grounds of any facility or place and its ancillary 23 8 facilities used to house inmates, any of the following articles, with the intent that any 24 9 inmate obtain or receive the article, is guilty of a felony pursuant to the following schedule: 25 26.456.15 2 42 Underscores indicate new language. Overstrikes indicate deleted language. 10 (1) Any alcoholic beverage or marijuana is a Class 6 felony; 1 11 (2) A cell phone or any other electronic communication device prohibited by 2 12 Department of Corrections policy is a Class 4 felony; 3 13 (3) Any prescription or nonprescription drug or controlled substance, as defined by 4 14 chapter 34-20B, except as authorized by the Department of Corrections, is a Class 5 15 4 Class 3 felony; 6 16 (4) A dangerous weapon, as defined by § 22-1-2, is a Class 2 felony; and 7 17 (5) Any article, not proscribed by this section, that is not provided by or authorized by 8 18 the facility in any form, is a Class 6 felony. 9 19 Section 3. 2. That § 22-42-5.1 be AMENDED: 10 20 22-42-5.1. No person may knowingly ingest a controlled drug or substance or 11 21 have a controlled drug or substance in an altered state in the body unless the substance 12 22 was obtained directly or pursuant to a valid prescription or order from a practitioner, acting 13 23 in the course of the practitioner's professional practice, or except as otherwise authorized 14 24 by chapter 34-20B. The following penalties apply to a violation of this section: 15 25 26.456.16 2 42 Underscores indicate new language. Overstrikes indicate deleted language. (1) A first violation is a Class 1 misdemeanor, and the court, in addition to any other 16 1 sentence, shall order that the person complete a drug and alcohol evaluation and 17 2 complete supervised probation using evidence-based sentencing practices, which 18 3 may include the HOPE probation program and other programs as established in 19 4 chapter 16-22; 20 5 (2) A second violation is a Class 1 misdemeanor, and the court, in addition to any other 21 6 sentence, may sentence the person to a period of up to one year in jail, and shall 22 7 sentence the person to a period of supervised probation using evidence-based 23 8 practices, which may include the HOPE probation program and other programs as 24 9 established in chapter 16-22, and order that the person complete a drug and 25 10 alcohol evaluation and complete any other recommended course of treatment; and 26 11 (3) A third or subsequent violation, occurring within ten years of the person's first 27 12 conviction, is a Class 6 felony; 28 13 (4) A violation by an inmate under confinement in a state correctional facility is a Class 29 14 5 felony; and 30 15 (5) A violation by a person while under parole supervision is a Class 5 felony. 31 16