Signed by Governor Dennis Daugaard

Vote Smart's Synopsis:

Vote to pass a bill that establishes drug court programs and classifies eligible offenses.

Highlights:

• Authorizes the state supreme court to establish drug court programs and rules regarding eligibility criteria for participation (Secs. 4 & 5).

• Defines “drug court” as a court-supervised alternative to incarceration that includes offenses regarding drug abuse and driving under the influence (Sec. 3).

• Authorizes the state supreme court to establish 2 South Dakota HOPE court pilot programs with certain features including, but not limited to, the following features (Secs. 9 & 10):
• Eligibility criteria focused on offenders with a high risk to reoffend, without consideration of the current offense;
• Frequent, “effective,” and randomized drug or alcohol testing; and
• Compilation, evaluation, and publicly reported program results.

• Classifies certain offenses as Class 5 felonies that merit a term of probation, including, but not limited to, the following offenses (Secs. 54, 56, 58, 60, & 62):
• The intentional ingestion or possession of a Schedule I or II substance which is not obtained directly or pursuant to a valid prescription or order from a practitioner;
• The creation or distribution of any Schedule III substance or counterfeit Schedule III  substance; and
• The grand theft of property valued at more than $2,500 but less than or equal to $5,000.

• Classifies certain offenses as Class 6 felonies that merit a term of probation, including, but not limited to, the following offenses (Secs. 54, 57, 58, & 60):
• The intentional ingestion or possession of a Schedule III or IV substance which is not obtained directly or pursuant to a valid prescription or order from a practitioner;
• The creation or distribution of any Schedule IV substance or counterfeit Schedule IV substance; and
• The grand theft of property, including, but not limited to, that which is valued at more than $1,000 but less than or equal to $2,500.

• Requires the supervision of individuals on parole or probation to employ evidence-based practices and target the individual’s criminal risk and need factors with appropriate supervision and intervention (Secs. 14 & 27).

• Establishes credits for earned discharge from probation to be awarded as follows (Secs. 24 & 36):
• Individuals on parole in compliance with the terms of supervision for a full month earn a credit of the number of days in that month to be deducted from the individual’s sentence;
• Individuals on parole serving an eligible South Dakota prison sentence in another state under the Interstate Compact for Adult Offender Supervision are eligible for credit; and
• Individuals placed on felony probation for a term of at least 6 months and who are not convicted of a sex offense or a violation of sex offender requirements are eligible for credit.

• Establishes an oversight council responsible for monitoring and reporting performance and outcome measures of the rehabilitation programs enacted (Secs. 67 & 69).

• Requires the Department of Corrections to establish rules for the administration of a reinvestment program for the purposes of improving public safety and reducing recidivism (Sec. 77).

• Authorizes courts, in cases involving United States veterans who plead guilty or no contest to a crime punishable as a felony, to consider treatment recommendations from the United States Veterans Affairs, agencies, or individuals with suitable knowledge in such treatment options (Sec. 8).

Full Bill Text