HB 1176 clarifies that South Dakota courts may require defendants to participate in a 24/7 sobriety program as a condition of bond or pre-trial release. It prevents defendants from being jailed or having their release revoked solely due to inability to pay program costs, unless a court finds they could pay but willfully avoided doing so. Defendants must prove they didn’t willfully skip payments or made a genuine effort to pay. Unpaid program costs may later be added to a defendant’s sentence if the court determines they have the ability to pay. The bill directly affects individuals in criminal cases offered this program.
SB 81 clarifies South Dakota's law against harming service animals by specifying that it is illegal to maliciously beat, injure, harass, or interfere with a service animal that is controlled by a person with a disability and wearing a harness or control device. The bill directly affects individuals with disabilities who rely on service animals and anyone who might harass or harm such animals. It explicitly defines "service animal" as a dog trained to perform tasks directly related to a person's disability (per federal guidelines), excluding emotional support, comfort, or crime deterrent effects. The law makes it a Class 2 misdemeanor to violate these provisions.
SB 220 directs South Dakota's Department of Corrections to conduct a study evaluating juvenile correctional and residential facilities. The study must examine best practices, therapeutic housing models, vocational training combined with mental health services, and staff-to-youth ratios, including inspections at three facilities outside South Dakota. The bill appropriates $50,000 from the general fund to cover study costs and requires a written report to the Legislative Research Council by September 1, 2026. This is a procedural study bill with no direct policy changes or new requirements for facilities, solely aimed at gathering information for future decisions.
This concurrent resolution (HCR 6015) requests the Legislative Research Council's Executive Board to form a committee to study expanding state involvement in the national instant criminal background check system. It specifically directs the committee to examine how to better identify individuals with mental health issues seeking firearms, while addressing due process rights, reporting standards, and training requirements for those handling background check information. The study will also evaluate county mental health boards' roles, existing commitment processes, and how they might interact with background check systems. The resolution does not create new law but asks for a report with findings and recommendations for future legislative action. (Note: The bill title incorrectly references "county boards of mental illness" instead of the actual focus on background checks and mental health in firearm contexts.)
HB 1013 clarifies the specific purposes for which certain DUI offenders in South Dakota may operate a motor vehicle during a license revocation period. The bill explicitly permits driving for employment, school attendance, child care, health appointments, court/probation meetings, and treatment programs, provided the offender proves financial responsibility. It applies to individuals convicted of DUI-related offenses (listed in the bill) whose licenses are revoked for 90 days (first offense) or one year (subsequent offenses), ensuring courts can issue clear temporary driving permissions.
HB 1086 appropriates $2.7 million from the general fund to the South Dakota Department of Corrections for a grant to a nonprofit organization. The nonprofit must provide trauma-informed programming - including leadership development and skills training - to both offenders and correctional staff at three specific state prisons: South Dakota State Penitentiary, Mike Durfee State Prison, and South Dakota Women's Prison. To qualify, the nonprofit must currently operate such programming at a state facility and plan to serve all three prisons, as verified by the Department of Corrections. Unspent funds by June 30, 2031, will revert to the state treasury.
HB 1322 revises a South Dakota law requiring correctional facilities to provide transportation for inmates when they are released (upon parole, sentence completion, or discharge). It mandates that facilities must provide transportation to one of three locations chosen by the inmate: the county where they lived before incarceration, the county where they were sentenced, or a location with equivalent mileage to the nearest of those two options. This change ensures inmates have a clear choice of destination while preventing facilities from routing them to unnecessarily distant locations. The bill does not alter existing requirements for providing inmates with clothing or a small cash allowance upon release. The policy directly affects all inmates leaving South Dakota correctional facilities.
HB 1276 establishes strict rules for using solitary confinement in South Dakota's juvenile facilities. It prohibits solitary confinement for discipline, punishment, or convenience - allowing it only when a juvenile poses an immediate risk of physical harm to self or others. The bill requires facilities to first try less restrictive methods, get approval from a facility leader, and form an interdisciplinary team (including mental health staff and administrators) to review cases within 24 hours and reassess weekly if confinement lasts more than seven days. Facilities must document all cases, provide continuous monitoring (every 15 minutes in-person), ensure access to basic needs like medical care and education, and notify parents within one business day. This applies directly to all juveniles held in state-operated juvenile facilities.
HB 1076 revises restrictions on where sex offenders can live near community safety zones (areas near schools, parks, or shelters). It adds two new exceptions allowing offenders to reside there: if they established their home before July 1, 2024, or if the school/park was built after they moved in. The bill expands existing exceptions for offenders in prison, halfway houses, homeless shelters, or healthcare facilities. Violations remain felonies, with repeat offenses carrying harsher penalties. The bill also declares an emergency to take immediate effect.
HB 1031 revises South Dakota's rape offense definitions and increases penalties, primarily affecting victims under 13 and perpetrators convicted of sexual crimes against minors. It adds new circumstances to rape definitions (e.g., victim incapacity due to intoxication) and establishes a 15-year minimum sentence for first offenses involving victims under 13. The bill also removes the statute of limitations for rape cases involving victims under 13 or using force/coercion, allowing charges to be filed until the victim turns 25. These changes directly impact criminal sentencing for sexual offenses and extend legal accountability for certain victims.
