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 1065 would require individuals facing cannabis-related charges to possess a registry identification card to use a legal defense claiming they are permitted to possess cannabis. Currently, South Dakota law does not mandate this card for such defenses, but the bill would amend § 34-20G-53 to make it a requirement. This change would directly affect people charged with cannabis offenses who attempt to rely on this specific defense in court. The bill creates a new condition for accessing this defense, requiring the card as a prerequisite for its use.
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.
SB 156 modifies South Dakota's animal cruelty law by adding a new classification for the most severe cases. It makes it a Class 4 felony to commit cruelty "in an especially depraved, heinous, sadistic, or wicked manner," elevating penalties for extreme acts. This directly affects individuals convicted of particularly brutal animal cruelty, moving such cases from lower-level offenses to felony charges. The bill specifically amends Section 40-1-2.4 of South Dakota law to establish this higher penalty tier.
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 1151 bans kratom and kratom products in South Dakota, making it a Class 2 misdemeanor to sell, distribute, purchase, consume, or possess them. It specifically prohibits sales or use by anyone under 21 (except by parents/guardians), and requires strict labeling for products that remain legal, including serving sizes, alkaloid content, and health warnings. The bill also prohibits products containing over 2% 7-hydroxymitragynine, synthetic compounds, or harmful additives. This directly affects consumers, businesses selling kratom, and retailers who must comply with new labeling rules.
HB 1226 authorizes South Dakota county commissioners to create written policies for investigating misconduct by county employees, departments, or officers. The bill requires these policies to cover specific misconduct types (like abuse of authority, conflicts of interest, or neglect of duty), mandate at least one outside investigator for complaints, and include confidentiality and due process standards. County boards must also ensure policies follow existing procedures for removing officers. This directly affects county government operations and employee accountability. The bill does not change existing misconduct definitions but sets procedural requirements for local investigations.
