HB 1140 South Dakota House · 2026 Regular Session

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.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House Passage
Feb 2026
Senate Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 27, 2026 Signed Mar 30, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

House Judiciary Engrossed Enrolled · 1 edit · Mar 10, 2026
MINOR
This bill was finalized in its enrolled version with no substantive policy changes from the previous draft. The text remains identical, maintaining the same provisions for allowing courts to require probationers to participate in nonprofit alternative care programs and adding specific exceptions for drivers with chemical dependency violations.
Scope change
No change in scope or applicability
TECHNICAL

The enrolled version includes standard legislative formatting elements such as the executive office certification, governor's signature lines, and filing information that were not present in the earlier draft version.

Floor votes · Senate Mar 9, 2026 · House Feb 24, 2026

How they voted

340
Passed · 1 other
Total votes 35
Mar 9, 2026
D Democratic3
3 Yea
100% Yea
R Republican32
31 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
17
Key actions
11
Committee
4
Amendments
1
Mar 30, 2026
Signed into law
Signed by the Governor on 2026-03-30 H.J. 578
executive
Mar 11, 2026
Upper · Passed
Signed by the President S.J. 526
upper
Mar 10, 2026
Upper · Passed
Signed by the Speaker H.J. 553
upper
Mar 9, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 492
upper
Mar 9, 2026
Senate · Passed
Senate Vote: pass (34-0-1)
senate
Mar 5, 2026
Upper · Passed
Certified uncontested, placed on consent , Passed, S.J. 37
upper
Mar 5, 2026
Upper · Passed
Judiciary Do Pass , Passed, YEAS 7, NAYS 0 S.J. 37
upper
Feb 25, 2026
Introduced
First read in Senate and referred to Senate Judiciary S.J. 398
upper
Feb 24, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 61, NAYS 5 H.J. 423
lower
Feb 24, 2026
House · Passed
House Vote: pass (61-5-4)
house
Feb 20, 2026
Lower · Passed
Certified uncontested, placed on consent , Passed, H.J. 23
lower
Feb 20, 2026
Lower · Passed
Judiciary Do Pass Amended , Passed, YEAS 13, NAYS 0 H.J. 23
lower
Feb 20, 2026
Introduced
Judiciary Motion to amend , Passed, H.J. 23 Amendment 1140A
lower
Jan 27, 2026
Introduced
First read in House and referred to House Judiciary H.J. 149
lower
20 primary · 0 co-sponsors

Sponsors