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South DakotaHB 1140101st South Dakota Legislature (2026)House

permit a court to impose as a condition of probation, or parole in certain circumstances, treatment at a nonprofit entity awarded an alternative care program grant.

Sponsored By: Grove, Tamara R. (Republican), Hughes, John (Republican)

Signed by Governor

Courts and JudiciaryCriminal ProcedureProbation

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

New treatment options for probation defendants

South Dakota courts can require defendants to complete a grant-funded nonprofit program as part of probation or a suspended sentence. Defendants must agree and complete their application before sentencing. The program must have space and approve the application using its standard criteria. Defendants must not commit another federal, state, or local crime during probation or the suspended sentence. Other optional conditions include fines, community service, restitution, or substance-use treatment at an accredited South Dakota facility. Court-ordered substance-use treatment can require defendants to repay the county for treatment costs.

Third-offense drunk drivers: penalties and driving exceptions

A third drunk-driving offense is a Class 6 felony, with license revocation for at least one year. That year starts at sentencing or release from prison, whichever is later; returning to prison does not pause it. A conviction for driving without a license during revocation requires at least 10 days in county jail, without suspension. Courts retain authority to change revocation terms throughout that period. Restricted driving requires successful completion of court-approved substance-use counseling, proof of financial responsibility, and court permission. Allowed trips include work, sobriety testing, school, child care, health visits, court or probation appointments, counseling, treatment, and aftercare. The law adds trips to an alternative care program at a grant-funded nonprofit. This permission does not restore the person's license.

Sponsors & Cosponsors

Sponsors

  • Grove, Tamara R.

    Republican • Senate

  • Hughes, John

    Republican • House

Cosponsors

  • Andera, Bobbi L.

    Republican • House

  • Emery, Eric

    Democratic • House

  • Goodwin, Tim

    Republican • House

  • Heinemann, Leslie J.

    Republican • House

  • Hohn, Joy A.

    Republican • Senate

  • Hunt, Jana

    Republican • House

  • Moore, Scott

    Republican • House

  • Muckey, Erik

    Democratic • House

  • Nelson, Lauren

    Republican • Senate

  • Novstrup, Al

    Republican • House

  • Pourier, Peri

    Republican • House

  • Reed, Tim S.

    Republican • Senate

  • Rice, Kathy

    Republican • House

  • Roby, Matt

    Republican • House

  • Schwans, Tesa

    Republican • House

  • Smith, Jamie

    Democratic • Senate

  • Uhre-Balk, Nicole

    Democratic • House

  • Wittman, Kadyn

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 115 • No: 5

Senate vote • 3/9/2026

Do Pass Amended

Yes: 34 • No: 0

Senate vote • 3/5/2026

Do Pass

Yes: 7 • No: 0

House vote • 2/24/2026

Do Pass Amended

Yes: 61 • No: 5

House vote • 2/20/2026

Do Pass Amended

Yes: 13 • No: 0

Actions Timeline

  1. Signed by the Governor

    3/30/2026House

  2. Delivered to the Governor

    3/12/2026House

  3. Signed by the President

    3/11/2026Senate

  4. Signed by the Speaker

    3/10/2026House

  5. Senate Do Pass Amended, Passed, YEAS 34, NAYS 0

    3/9/2026Senate

  6. Certified uncontested, placed on consent

    3/5/2026Senate

  7. Senate Judiciary Do Pass, Passed, YEAS 7, NAYS 0

    3/5/2026Senate

  8. Scheduled for hearing

    3/5/2026Senate

  9. First read in Senate and referred to Senate Judiciary

    2/25/2026Senate

  10. House of Representatives Do Pass Amended, Passed, YEAS 61, NAYS 5

    2/24/2026House

  11. Certified uncontested, placed on consent

    2/20/2026House

  12. House Judiciary Do Pass Amended, Passed, YEAS 13, NAYS 0

    2/20/2026House

  13. House Judiciary Motion to amend, Passed

    2/20/2026House

  14. Scheduled for hearing

    2/20/2026House

  15. First read in House and referred to House Judiciary

    1/27/2026House

Bill Text

  • Introduced

    1/26/2026

    PDF

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