Criminal Justice (Courts)

died · South Dakota · House Feb 6, 2026

HB 1296: permit a court to require that a defendant participate in global position monitoring as a condition of release for certain offenses.

HB 1296 requires courts to mandate GPS monitoring for defendants charged with domestic abuse offenses (as defined under South Dakota law) as a condition of release. The bill specifies that defendants must wear a 24/7 GPS device that tracks location in real-time and alerts law enforcement if they enter restricted zones, with defendants covering all device costs. Victims of domestic abuse can choose to receive free notification tools (via app or device) that alert them if the defendant approaches restricted areas or their location, but only after consenting and receiving clear information about the system. The law also mandates courts to consult victims about restricted zones and provide detailed explanations of the monitoring process, including risks, victim support services, and emergency contacts.

Topics ✓ Criminal JusticeSupports Criminal JusticeMandates GPS monitoring for domestic abuse defendants to prevent reoffending and protect victims, aligning with criminal justice reform goals of reducing recidivism and enhancing victim safety.85% confidence

Sub-Topics Courts Domestic Violence Law Enforcement

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passed · South Dakota · House Feb 18, 2026

HB 1252: provide for indigent legal services by the Commission on Indigent Legal Services, and to provide an appropriation therefor.

HB 1252 requires South Dakota counties and municipalities to provide legal representation for people who cannot afford a lawyer (indigent defendants) through three methods: establishing public defender offices, using court-appointed attorneys via a coordinated plan, or contracting with licensed attorneys. It specifies that counties pay for these services, with reimbursement possible by deducting costs from defendants' funds (as court costs or probation conditions) or through a state fund that redistributes payments based on county spending. The bill also creates a lien on defendants' property (capped at $1,500 for minors' parents) to recover costs, and mandates how counties must report and enforce these reimbursements.

Topics ✓ Budget & TaxesSupports Budget & TaxesBill mandates county funding for indigent defense via state appropriation, directly advancing public service funding under Budget & Taxes.95% confidence ✓ Criminal JusticeSupports Criminal JusticeMandates legal representation for indigent defendants, strengthening criminal defense access and due process through county funding requirements.95% confidence

Sub-Topics Appropriations Courts Probation & Parole

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passed · South Dakota · House Feb 9, 2026

HB 1214: 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.

HB 1214 requires South Dakota courts to consider a defendant's history of abuse as a mitigating factor during sentencing for certain crimes. To qualify, defendants must provide documented evidence (such as court records, hospital reports, or protective orders) proving the abuse was a substantial factor in their offense. If approved, sentences are reduced: life without parole becomes a maximum of 35 years, life with parole becomes a maximum of 30 years, and fixed terms are reduced by at least one-third. The law excludes Class A felonies, sex offenses, and related attempts, and allows retroactive resentencing for cases before July 1, 2026.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill reduces sentences for abuse survivors by requiring courts to consider abuse history as a mitigating factor, aligning with criminal justice reform goals to address root causes and reduce recidivism.95% confidence

Sub-Topics Courts Sentencing Victims' Rights

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passed · South Dakota · House Feb 11, 2026

HB 1167: revise a provision related to loitering within a community safety zone.

HB 1167 amends South Dakota law to clarify exemptions for certain sex offenders regarding loitering in community safety zones. It specifically adds that the prohibition does not apply if the offender was under 18 at the time of the offense and was not tried or convicted as an adult, or if a court has granted an exemption under § 22-24B-28. The bill directly affects registered sex offenders who meet these specific juvenile offense criteria. The amendment does not change the felony penalties (Class 6 for first offense, Class 5 for repeat offenses) or the core prohibition against loitering in safety zones or public libraries. This is a technical revision to the existing statute (§ 22-24B-24) with no new policy changes.

Topics ✓ Criminal JusticeSupports Criminal JusticeAdds exemptions for juvenile sex offenders, reducing unnecessary restrictions under community safety zones per criminal justice reform principles.85% confidence

Sub-Topics Courts Juvenile Justice

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passed both · South Dakota · House Mar 9, 2026

HB 1176: clarify bond or pre-trial release upon sobriety program participation.

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.

Topics ✓ Criminal JusticeSupports Criminal JusticePrevents jail for inability to pay sobriety program costs, requires willful avoidance finding before revocation, aligns with reform reducing poverty-based incarceration.92% confidence

Sub-Topics Courts

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signed · South Dakota · House Mar 12, 2026

HB 1238: protect financial institutions taking action to prevent the financial exploitation of consenting, senior, or vulnerable adults.

HB 1238 allows South Dakota financial institutions to delay or block specific transactions when they reasonably suspect financial exploitation of consenting adults aged 65+ (seniors) or adults aged 18+ with mental impairments or court-appointed guardians (vulnerable adults). The law permits banks to refuse transfers, withdrawals, ownership changes, beneficiary updates, or power-of-attorney instructions if exploitation is suspected. Financial institutions are protected from liability for acting under this law, though they are not required to intervene - decisions are based on available information. This directly affects banks and the vulnerable adults they serve by providing a legal framework to prevent financial abuse.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill prevents financial exploitation crimes by enabling banks to block suspicious transactions involving vulnerable adults, directly addressing crime prevention within criminal justice reform.90% confidence

Sub-Topics Courts

signed · South Dakota · House Mar 30, 2026

HB 1140: 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.

HB 1140 allows South Dakota courts to require defendants on probation or parole to complete treatment at nonprofit organizations that have received state grants for "alternative care programs," specifically for individuals convicted of repeat DUI/DWI offenses. The bill adds this option as a condition of probation (under § 23A-27-18.3), requiring the defendant’s consent, program availability, and pre-sentencing application approval. It directly affects individuals convicted of third or fourth DUI/DWI offenses who are on probation or parole, offering an alternative to jail time through treatment. The law modifies driver’s license revocation rules (§ 32-23-4 and 32-23-4.6), allowing courts to permit limited driving (e.g., for work or treatment) upon successful completion of such programs. This creates a concrete pathway for court-mandated treatment instead of incarceration for eligible offenders.

Topics ✓ Criminal JusticeSupports Criminal JusticeMandates treatment for repeat DUI offenders via approved nonprofits, reducing recidivism through rehabilitation instead of punishment.95% confidence ✓ HealthcareSupports HealthcareMandates substance abuse treatment via state-funded grants for DUI offenders, improving healthcare access and supporting treatment services as a health service.95% confidence

Sub-Topics Corrections Courts Probation & Parole

signed · South Dakota · House Mar 3, 2026

HB 1013: clarify the purposes permitted for certain offenders to operate a motor vehicle.

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.

Topics ✓ Criminal JusticeSupports Criminal JusticePermits DUI offenders to drive for treatment, employment, and court compliance - enabling rehabilitation access and reducing barriers that could increase recidivism.95% confidence ✓ HealthcareSupports HealthcareBill explicitly permits driving for health appointments during license revocation, improving access to healthcare services for DUI offenders.85% confidence

Sub-Topics Courts Probation & Parole

signed · South Dakota · House Mar 30, 2026

HB 1108: require the sealing of court files upon dismissal or denial of a petition for a protection order.

HB 1108 allows courts to immediately seal court files when protection order petitions are dismissed, either initially or after a hearing. This applies directly to individuals whose protection order cases (covered under South Dakota statutes §22-19A-8 and §25-10-3) are dismissed by a judge. The key provision requires courts to grant sealing of the entire court file upon dismissal, rather than requiring additional steps or waiting periods. This change provides a streamlined process for removing sensitive court records from public view in dismissed cases. The bill affects anyone involved in a dismissed protection order case, focusing on expediting privacy protections.

Topics ✓ Criminal JusticeSupports Criminal JusticeSealing dismissed protection order files reduces collateral consequences, aligns with criminal justice reform by protecting civil rights and preventing unnecessary stigma from dismissed cases.90% confidence

Sub-Topics Courts Domestic Violence Judges

passed · South Dakota · House Feb 9, 2026

HB 1109: allow for the expungement of records pertinent to dismissed protection order cases.

This bill allows courts to expunge all records related to dismissed protection order cases, directly affecting individuals whose petitions were rejected (either initially or after a hearing). If a court dismisses a petition under South Dakota law (specifically § 22-19A-8 for domestic violence orders or § 25-10-3 for civil orders), it may order the removal of all case records from court files and the Department of Social Services. The expungement process follows existing definitions in § 23A-3-26, ensuring records are permanently cleared without requiring additional court action beyond the dismissal.

Topics ✓ Criminal JusticeSupports Criminal JusticeExpunges dismissed protection order case records, reducing barriers for individuals and aligning with criminal justice reform principles of protecting civil rights.90% confidence

Sub-Topics Courts Domestic Violence

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