Criminal Justice

signed · South Dakota · Senate Mar 9, 2026

SB 81: clarify the prohibition on injuring or harassing a service animal.

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeClarifies criminal penalties for harming service animals, protecting civil rights of disabled individuals under disability access laws.90% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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 JusticeOpposes Criminal JusticeIncreases mandatory sentences for repeat DUI offenders, extending prison time and supervision, aligning with punitive measures rather than reform.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

passed · South Dakota · Senate Mar 4, 2026

SB 220: authorize a comprehensive study of juvenile correctional and residential facilities, to make an appropriation therefor, and to declare an emergency.

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.

Topics ✓ Budget & TaxesSupports Budget & TaxesBill appropriates $50,000 from general fund for juvenile facility study, directly funding a state budget item per its 'Appropriation' subject.95% confidence ✓ Criminal JusticeSupports Criminal JusticeBill funds study to evaluate juvenile facilities, therapeutic models, and mental health services - directly advancing rehabilitation-focused criminal justice reform in juvenile system.92% confidence ✓ HealthcareSupports HealthcareBill mandates study of mental health services integration in juvenile facilities, directly aligning with healthcare support indicators for mental health services.85% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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passed · South Dakota · House Mar 3, 2026

HCR 6015: encouraging the Executive Board of the Legislative Research Council to form an interim legislative committee to study the role and function of county boards of mental illness.

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.)

Topics ✓ Criminal JusticeSupports Criminal JusticeBill directs study to improve mental health screening in background checks, aligning with criminal justice reform goals of reducing gun access risks while protecting due process.85% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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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 | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

passed · South Dakota · House Mar 2, 2026

HB 1065: revise the medical purpose affirmative defense in cannabis prosecution.

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeRequires registry ID card for cannabis defense, restricting defendant rights by adding new barrier to legal defense in prosecution.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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failed · South Dakota · House Mar 2, 2026

HB 1086: make an appropriation for providing a grant to a nonprofit that delivers programming to support offenders and correctional staff.

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.

Topics ✓ Budget & TaxesSupports Budget & TaxesAppropriates $2.7M from general fund for correctional programming grant, directly funding a state budget allocation for essential correctional services.95% confidence ✓ Criminal JusticeSupports Criminal JusticeFunds trauma-informed rehabilitation programs for offenders/staff at prisons, aiming to reduce recidivism through skills training and leadership development.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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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 JusticeSupports Criminal JusticeProvides inmate choice in post-release transportation to facilitate community reintegration, aligning with reform goals to reduce recidivism.85% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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passed · South Dakota · House Feb 20, 2026

HB 1276: establish policies and procedures for the use of solitary confinement in a juvenile facility.

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill restricts juvenile solitary confinement except for immediate harm, requiring less restrictive alternatives and interdisciplinary reviews - aligning with reform goals to protect minors and reduce harm in juvenile justice systems.95% confidence ✓ HealthcareSupports HealthcareRequires mental health staff in interdisciplinary teams for solitary confinement reviews, directly supporting mental health services in juvenile facilities per bill's requirements.90% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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passed · South Dakota · House Feb 18, 2026

HB 1268: repeal capital punishment.

HB 1268 would repeal South Dakota's death penalty by removing it as a sentencing option for Class A felonies, including first-degree murder. The bill directly affects individuals convicted of capital offenses, replacing the death penalty with life imprisonment as the maximum sentence. Key provisions amend sections of the criminal code (specifically §§ 22-6-1, 22-16-12, and others) to eliminate the death penalty from Class A felony sentencing and adjust felony classifications accordingly. This change would apply to all future cases, meaning convicted individuals would no longer face execution as a possible penalty for the most serious crimes.

Topics ✓ Criminal JusticeSupports Criminal JusticeRepealing death penalty replaces mandatory capital punishment with life imprisonment, advancing criminal justice reform by reducing severe sentencing options.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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