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make an appropriation for providing a grant to a nonprofit that delivers diversion programming.

South Dakota will give a $2 million grant to a nonprofit organization in Sioux Falls that runs youth diversion programs aimed at keeping kids out of the criminal justice system. The nonprofit must use the money to run an annual week-long summer camp for sixth graders identified by school police, along with three follow-up family events each year, with participation from local law enforcement—and this program must continue for ten years starting in 2026. The nonprofit must report annually on how well the program is working to prevent youth crime.

permit a court to impose as a condition of probation, or parole in certain circumstances, treatment at a nonprofit entity awarded an alternative care program grant.

Courts can now require probationers or parolees to participate in treatment programs at nonprofit organizations that have received state alternative care program grants, as long as the defendant consents, the program has space, and the application is submitted before sentencing. This adds a new sentencing option alongside existing requirements like fines, community service, and substance abuse treatment.

allow the parole of certain inmates sentenced to life imprisonment without parole.

This bill allows inmates sentenced to life without parole to become eligible for parole if they committed their crime between ages 18 and 27 (excluding first-degree rape) and have served at least 25 years. The Parole Board must hold an initial hearing within six months of eligibility and consider specified factors, with subsequent hearings every two years if parole is denied. This change applies to anyone already serving a life sentence before July 1, 2026.

require that courts consider as a mitigating factor during sentencing an individual's history as a victim of abuse and provide for a reduced sentence in certain circumstances.

This bill requires South Dakota courts to consider a defendant's history of being abused—whether physical, sexual, or psychological—as a reason to reduce their sentence. Defendants must provide court documents, medical records, social services files, or witness statements proving they were victims of abuse at the time they committed the crime.

repeal capital punishment.

South Dakota would eliminate the death penalty as a punishment for crimes under this bill. The legislation removes capital punishment from state law and adjusts related criminal penalties, including how attempted crimes and criminal solicitation are classified when the underlying offense would have been subject to execution. Anyone currently sentenced to death would have their sentence converted to life imprisonment instead.

create a pilot program in the Unified Judicial System to develop a pretrial release program.

South Dakota's court system will test a new pretrial release program that allows judges to place people charged with crimes under supervision by court officers instead of requiring them to post bail, with conditions set by the judge. The courts must report back to the Legislature by the end of 2027 on how many people completed their release successfully, failed to appear in court, or were charged with new crimes, along with the program's costs. This pilot program will automatically end on December 31, 2027, unless the Legislature votes to extend it.

revise and repeal provisions allowing probation for contempt of a custody or visitation decree.

South Dakota is removing a legal exception that previously allowed people accused of violating custody or visitation orders to receive probation instead of facing contempt charges. The bill eliminates two sections of law (§ 25-4A-6 and § 25-4A-7) that created this probation option, making violations of custody and visitation decrees subject to stricter penalties without the possibility of probation as an alternative.

clarify the purposes permitted for certain offenders to operate a motor vehicle.

HB 1013 clarifies what purposes young drivers convicted of drug or alcohol offenses can use their vehicles for during license revocation periods—specifically allowing driving for employment, childcare, medical appointments, school, court appearances, probation meetings, sobriety testing, counseling, and treatment. The bill expands the list of permitted purposes beyond what was previously allowed, giving courts more flexibility to let offenders maintain some driving privileges for essential activities while their licenses are suspended.

clarify bond or pre-trial release upon sobriety program participation.

This bill clarifies the rules for when courts can punish defendants financially for participating in the 24/7 sobriety program as a condition of bond or pre-trial release. A defendant cannot be jailed or have their release revoked just for owing program costs unless the court finds they can actually afford to pay—shifting the burden to the defendant to prove they either didn't willfully refuse to pay or made a genuine effort to do so. The state treasury fund now covers any unpaid program costs, but only if the court determines a defendant lacks the financial ability to pay.

revise a provision related to driving under the influence.

South Dakota law on repeat drunk driving convictions now requires a mandatory minimum of six years in prison (with at least one year on parole) for sixth or subsequent DUI offenses when the person has five prior DUI convictions within 15 years. The court can only avoid this sentence if it orders the person into a specialized drug, DUI, veterans, or mental health court program, and the law strengthens license revocation requirements and parole monitoring conditions like ignition interlocks or alcohol monitoring devices.

revise a provision related to the transportation of an inmate upon discharge from a correctional facility.

South Dakota will now require correctional facilities to provide discharged inmates with clothing, money determined by the corrections secretary, and transportation to one of three locations: the county where they lived when arrested, the county where they were sentenced, or a location of equivalent distance to either of those two counties, whichever involves less mileage. This replaces the previous rule that only required these items "if not already provided" and clarifies that inmates have a choice of destination rather than being transported to a single predetermined location.