Criminal Justice

SB 179 allows South Dakota courts to commit juveniles adjudicated delinquent for specific weapons offenses to the Department of Corrections, but only under strict conditions. It applies when no other viable alternative exists, corrections is the least restrictive option, and the juvenile was convicted of certain weapons offenses (like those under §22-14-5, 22-14-7, 22-14-20, or 23-7-44). The court must also find the juvenile poses a significant risk of physical harm, has prior adjudications for separate offenses, or meets specific high-risk re-offense criteria. This change modifies existing juvenile disposition options under §26-8C-7, adding a limited pathway to corrections for serious weapons cases. It directly affects juveniles convicted of these specific weapons offenses who meet all the enumerated conditions.

This bill amends South Dakota law (§ 22-19B-4) to upgrade penalties for preventing someone from practicing their religion through threats or violence. Currently a Class 1 misdemeanor, the offense would become a Class 6 felony under this bill. It directly affects individuals who use intimidation or force to stop others from engaging in legally protected religious activities. The key change is reclassifying the penalty level in the statute, increasing the legal consequences for such conduct.

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.