South DakotaSouth Dakota courts may set care programs as probation conditions
South Dakota law lets courts set care-program participation as a probation condition with the person’s consent, and may allow limited driving after counseling.
What it does
A court may make taking part in a grant-funded care program a condition of probation. The person must agree, meet the program’s usual criteria, and apply before sentencing.
After counseling and proof of financial responsibility, a court may allow limited driving during a license revocation, including travel to work, school, or treatment.
Argument forEligible people on probation could take part in a grant-funded care program if they agree, a place is open, and their application is approved.
Argument againstPeople who want the grant-funded program may be unable to join if no place is open, their application is denied, or they miss the pre-sentencing deadline.
More detail
A court may make taking part in a care program a probation condition. This applies to probation, a suspended sentence, or a suspended execution of sentence under the cited statutes, and the program must be at a nonprofit awarded an alternative care grant. The person must agree to take part. A place must be available, the nonprofit must approve the application under its standard criteria, and the person must apply before sentencing.
A court may allow limited driving during a license revocation. This applies to a person convicted of a third offense under the cited impaired-driving law whose license is revoked. The person must complete a court-approved chemical dependency counseling program and show proof of financial responsibility. The court decides whether to allow driving, and may limit it to listed purposes such as work, school, treatment, or attending an alternative care program. Any permission applies during the license revocation period.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by the Governor Larry Rhoden on 2026-03-30 H.J. 578Became Law
- Mar 12Delivered to the Governor on 2026-03-12 H.J. 562To Governor
- Mar 11Signed by the President S.J. 526Passed Senate
- Mar 10Signed by the Speaker H.J. 553Passed House
- Mar 9Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 492
- Vote recorded Do Pass. Result: pass.Upper
- Mar 5Certified uncontested, placed on consent , Passed, S.J. 37
- Vote recorded Do Pass. Result: pass.Upper
- Mar 5Judiciary Do Pass , Passed, YEAS 7, NAYS 0 S.J. 37Minor
- Mar 5Scheduled for hearing
- Feb 25First read in Senate and referred to Senate Judiciary S.J. 398Minor
- Feb 24House of Representatives Do Pass Amended , Passed, YEAS 61, NAYS 5 H.J. 423
- Vote recorded Do Pass. Result: pass.Lower
- Feb 20Certified uncontested, placed on consent , Passed, H.J. 23
- Vote recorded Do Pass Amended. Result: pass.Lower
- Feb 20Judiciary Do Pass Amended , Passed, YEAS 13, NAYS 0 H.J. 23
- Feb 20Judiciary Motion to amend , Passed, H.J. 23 Amendment 1140AMajor
- Feb 20Scheduled for hearing
- Jan 27First read in House and referred to House Judiciary H.J. 149Introduced
Criminal JusticeTransportation