Criminal Justice (Probation & Parole) in South Dakota

passed · South Dakota · House Feb 23, 2026

HB 1322: revise a provision related to the transportation of an inmate upon discharge from a correctional facility.

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.

Topics ✓ Criminal Justice

Sub-Topics Corrections Probation & Parole

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 & Taxes ✓ Criminal Justice

Sub-Topics Appropriations Courts Probation & Parole

passed · South Dakota · House Feb 11, 2026

HB 1192: allow the parole of certain inmates sentenced to life imprisonment without parole.

HB 1192 allows parole consideration for inmates sentenced to life imprisonment without parole who were aged 18-26 at the time of their offense (excluding first-degree rape). It requires the parole board to review cases after 25 years of incarceration, with mandatory initial hearings within six months of eligibility. The board must consider factors like the inmate's youth at the time of crime, rehabilitation efforts, completion of educational programs, victim input, and evidence of maturity. The law applies retroactively to all qualifying inmates sentenced before July 1, 2026. It modifies existing parole eligibility rules by creating a specific pathway for this age group.

Topics ✓ Criminal Justice

Sub-Topics Corrections Juvenile Justice Probation & Parole

signed · South Dakota · House Mar 9, 2026

HB 1126: revise a provision related to driving under the influence.

HB 1126 revises South Dakota's penalties for repeat driving under the influence (DUI) offenses. It targets individuals with five or more prior DUI convictions within 15 years (down from 25 years), requiring a mandatory minimum six-year prison sentence for a sixth or subsequent offense, with at least one year on parole. The bill mandates specific monitoring tools like ignition interlocks or alcohol bracelets during supervision and extends driver's license revocation periods, with limited exceptions for employment or medical needs after completing treatment. These changes apply directly to repeat DUI offenders meeting the revised conviction thresholds.

Topics ✗ Criminal Justice

Sub-Topics Corrections Probation & Parole Sentencing

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 Justice ✓ Healthcare

Sub-Topics Corrections Courts Probation & Parole

signed · South Dakota · Senate Mar 30, 2026

SB 139: revise a provision related to the transportation of an inmate upon discharge from a correctional facility.

SB 139 revises South Dakota law to clarify transportation requirements for inmates being discharged from correctional facilities. It requires correctional facilities to provide transportation to a location chosen by the inmate from three options: the county where the inmate lived at the time of the offense, the county where they received their sentence, or any location at the same distance as the closer of those two counties (based on mileage). This change gives inmates more flexibility in selecting a release location while ensuring transportation is provided to a reasonably accessible place near their previous residence or sentencing location. The bill directly affects inmates released from South Dakota correctional facilities under parole, suspended sentences, or final discharge.

Topics ✓ Criminal Justice

Sub-Topics Corrections Probation & Parole Sentencing

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 Justice ✓ Healthcare

Sub-Topics Courts Probation & Parole

died · South Dakota · Senate Feb 9, 2026

SB 140: revise provisions related to inmate compensation.

SB 140 requires South Dakota correctional facilities to deposit 25% of inmate earnings from prison work into a personal savings account. This savings account cannot be used to pay court fines, fees, or other debts owed by the inmate. Upon release (via parole, suspended sentence, or discharge), the inmate receives the full balance of this savings account. Additionally, any interest earned on these savings must be deposited into the state's crime victims' compensation fund. The bill directly affects incarcerated individuals working in state prisons and modifies how their earnings are handled.

Topics ✓ Criminal Justice

Sub-Topics Corrections Courts Probation & Parole

All criminal justice bills