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revise qualifications for immunity from prosecution following a drug-related overdose.
South Dakota's drug overdose immunity law now protects people from prosecution for drug possession charges only when evidence of the drug was discovered because of the overdose itself and the medical emergency response. Previously, the law may have provided broader protections; this revision clarifies that immunity applies specifically to misdemeanor and felony possession charges if the person or someone else called for emergency help during the overdose. This encourages people to seek medical assistance without fear of arrest for the drugs directly involved in the overdose.
revise provisions related to the practice of addiction counseling and prevention services.
HB 1029 reorganizes South Dakota's regulation of addiction counselors and prevention specialists by clarifying the Board of Addiction and Prevention Professionals' role in licensing, certifying, and disciplining these professionals. The bill expands the list of professional titles regulated under state law to include peer support specialists and various trainee and supervisee positions, and adds a new requirement that the board ensure practitioner competency and public safety. Key changes include streamlined examination requirements tied to national standards and updated disciplinary procedures for practitioners who violate professional standards.
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.
make an appropriation for providing a grant to a nonprofit that delivers programming to support offenders and correctional staff.
South Dakota is setting aside $2.7 million to give as a grant to a nonprofit organization that provides trauma-informed training programs to inmates and prison staff at state correctional facilities. To receive the grant, the nonprofit must already be offering leadership development and skills training at South Dakota's three main prisons and must have delivered these programs there within the past six months. The money must be spent by June 30, 2031, or it will be returned to the state's general fund.
create the building opportunity through out-of-school time program and the building opportunity through out-of-school time program fund, authorize a new fee, make an appropriation therefor, and transfer moneys to the building opportunity through out-of-school time program fund.
South Dakota is creating a new "Building Opportunity Through Out-of-School Time Program" that provides grants to schools and nonprofits running after-school, before-school, or summer programs focused on academics, career readiness, and preventing risky behaviors like substance abuse and truancy. The bill establishes a dedicated fund to pay for the program through a new fee and state appropriations. This creates a new state initiative to support youth programming outside regular school hours.