South DakotaCourts may tie pretrial release to 24/7 sobriety participation
This proposal would let courts require sobriety-program participation before release while limiting jail or revocation for defendants who cannot afford the costs.
What it does
The state’s 24/7 sobriety fund would cover program operations and may reimburse counties when a court finds a defendant cannot continuously pay.
Courts may make sobriety-program participation and payment part of pretrial release, but cannot jail or revoke release for nonpayment without finding the defendant can pay.
Argument forCounty reimbursements could help keep sobriety testing and support services available when defendants cannot afford program costs.
Argument againstMaking defendants prove they tried in good faith to pay could make it harder for some people to avoid jail or release revocation.
More detail
The Office of the Attorney General would use the 24/7 sobriety fund to pay program costs and may reimburse counties. The fund covers program operations, including equipment, support services, and county costs. County reimbursement applies when a court does not find that a defendant can currently and continuously pay the program costs. The fund may receive donations, grants, participation fees, user fees, and other payments. Spending must go through the normal budget process.
A court may require 24/7 sobriety program participation and payment of its costs as a condition of bond or pretrial release. The rules apply to defendants whose bond or pretrial release includes participation in the 24/7 sobriety program. A defendant may not be jailed or have release revoked for unpaid program costs unless the court finds the defendant can currently and continuously pay. The defendant must satisfy the court that the failure to pay was not willful or that the defendant made a genuine effort to pay. The court may impose unpaid program costs at the end of the criminal case if it finds the defendant can pay. The release conditions apply before the criminal case ends; unpaid costs may be imposed when the case is resolved.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 9Placed on calendar pursuant to JR 6F-6 , Failed, YEAS 8, NAYS 26 S.J. 491Latest
- Vote recorded Placed on calendar pursuant to JR 6F-6. Result: fail.Upper
- Mar 5Committee on Appropriations Report out of committee without recommendation as amended , Passed, YEAS 5, NAYS 4 S.J. 10
- Vote recorded Do Pass Amended. Result: fail.Upper
- Vote recorded Report out of committee without recommendation as amended. Result: pass.Upper
- Mar 5Committee on Appropriations Do Pass Amended , Failed, YEAS 4, NAYS 5 S.J. 10
- Mar 5Committee on Appropriations Motion to amend , Passed, S.J. 10 Amendment 1176BMajor
- Mar 5Scheduled for hearing S.J. 1
- Mar 3Referred to , Passed, Senate Committee on Appropriations YEAS 6, NAYS 1 S.J. 35Minor
- Vote recorded Referred to. Result: pass.Upper
- Mar 3Scheduled for hearing S.J. 1
- Feb 11First read in Senate and referred to Senate Judiciary S.J. 248Minor
- Feb 10House of Representatives Do Pass , Passed, YEAS 66, NAYS 0 H.J. 279Passed House
- Feb 9Certified uncontested, placed on consent , Passed, H.J. 19
- Vote recorded Do Pass. Result: pass.Lower
- Feb 9Judiciary Do Pass , Passed, YEAS 12, NAYS 0 H.J. 19Minor
- Feb 9Scheduled for hearing H.J. 1
- Jan 28First read in House and referred to House Judiciary H.J. 164Introduced
- Mar 9Placed on calendar pursuant to JR 6F-6 , Failed, YEAS 8, NAYS 26 S.J. 491Latest
Criminal JusticePublic SafetyTaxes & Budget