South DakotaState rules set felony penalties for drug use in prison and on parole
People confined in state facilities and people on parole who violate the controlled-substance rule face a Class 5 felony; bringing unauthorized drugs for inmates carries a Class 3 felony.
What it does
People confined in state facilities and people on parole who violate the controlled-substance rule commit a Class 5 felony, subject to the rule's exceptions.
People who deliver or hide unauthorized drugs for an inmate to obtain commit a Class 3 felony.
Argument forFelony penalties for drug use in custody and for bringing drugs to inmates could discourage drug access inside state correctional facilities.
Argument againstPeople confined in state facilities or on parole could face a felony for knowingly ingesting a controlled substance or having it altered in their body.
More detail
A person confined in a state correctional facility or under parole supervision who violates the controlled-substance rule commits a Class 5 felony. The Class 5 felony applies to a person confined in a state correctional facility or a person under parole supervision. The rule covers knowingly ingesting a controlled substance or having one in an altered state in the body. It does not apply when the substance was obtained directly from a practitioner or under a valid prescription or order, or is otherwise authorized by state drug law.
A person who delivers or intends to deliver drugs to an inmate, or hides them for an inmate to obtain, commits a Class 3 felony. It applies to employees and other people who bring or hide the listed items for inmates at a state correctional facility, including on transport entering facility grounds. The rule covers prescription and nonprescription drugs and controlled substances, except those authorized by the Department of Corrections.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by the Governor Larry Rhoden on 2026-03-30 S.J. 548Became Law
- Mar 9Delivered to the Governor on 2026-03-09 S.J. 488To Governor
- Mar 5Signed by the Speaker H.J. 530Passed House
- Mar 4Signed by the President S.J. 470Passed Senate
- Mar 3House of Representatives Do Pass Amended , Passed, YEAS 55, NAYS 11 H.J. 491
- Vote recorded Do Pass Amended. Result: pass.Lower
- Mar 2Judiciary Do Pass , Passed, YEAS 10, NAYS 1 H.J. 31Minor
- Vote recorded Do Pass. Result: pass.Lower
- Mar 2Scheduled for hearing
- Feb 2First read in House and referred to House Judiciary H.J. 194Minor
- Jan 29Senate Do Pass Amended , Passed, YEAS 26, NAYS 7 S.J. 147
- Vote recorded Do Pass Amended. Result: pass.Upper
- Jan 28Deferred with pending amendment (Rule 5-17) , Passed, S.J. 133
- Jan 28Senate Motion to amend , Passed, S.J. 132 Amendment 42AMajor
- Jan 16Fiscal Note Requested , Passed, S.J. 59
- Jan 15Judiciary Do Pass , Passed, YEAS 4, NAYS 2 S.J. 1Minor
- Vote recorded Do Pass. Result: pass.Upper
- Jan 15Scheduled for hearing
- Jan 13First read in Senate and referred to Senate Judiciary S.J. 13Introduced
Criminal Justice