South Dakota 2025 Regular Session

South Dakota Senate Bill SB83

Introduced
1/22/25  
Refer
1/27/25  
Report Pass
2/4/25  
Engrossed
2/6/25  
Refer
2/10/25  
Report Pass
2/26/25  
Enrolled
2/27/25  

Caption

Revise the penalty and provide treatment for the ingestion of certain controlled substances.

Impact

By amending existing penalties, SB83 seeks to shift the focus from solely punitive measures to including treatment options for individuals convicted of drug-related offenses. This change reflects a growing recognition of substance abuse as a public health issue rather than merely a criminal one. The bill seeks to enhance judicial discretion in incorporating treatment processes that can effectively address the underlying issues of addiction while holding individuals accountable for their actions.

Summary

Senate Bill 83 aims to revise the penalties associated with the ingestion of controlled substances and underscore the need for treatment programs. Under the proposed legislation, violations would be categorized as misdemeanors or felonies based on the number of occurrences within a specified timeframe. The bill emphasizes a rehabilitative approach, mandating drug and alcohol evaluations and the completion of supervised probation for offenders, with potential participation in evidence-based programs such as the HOPE probation program.

Sentiment

The sentiment surrounding SB83 appears to be generally supportive, particularly among advocates for criminal justice reform and public health. Supporters argue that the revised penalties and the focus on treatment could lead to better rehabilitation outcomes and a decrease in recidivism rates. However, calls for caution have been raised from some sectors, highlighting concerns that leniency could potentially undermine the deterrent effect of established laws and provoke debate around public safety.

Contention

A notable point of contention regarding SB83 relates to the perceived balance between ensuring accountability and providing appropriate support for rehabilitation. Some legislators and community members express concern that the revised penalties may not sufficiently deter repeat offenses. Conversely, advocates assert that by facilitating access to treatment and reducing incarceration rates, the bill could lead to a healthier population and ultimately reduce the burden on the legal system.

Companion Bills

No companion bills found.

Previously Filed As

SD SB201

Provide treatment for the ingestion of controlled substances.

SD SB27

Place certain substances on the controlled substances schedule and to declare an emergency.

SD HB1025

Establish the crime of exposure of a law enforcement officer to a controlled drug or substance and to provide a penalty therefor.

SD SB52

Update certain provisions regarding the Department of Corrections and the authority of the Secretary of Corrections.

SD SB6

Revise provisions related to death by distribution of a Schedule I or II substance.

SD SB91

Revise certain provisions regarding the crime of rape and provide a penalty therefor.

SD HB1027

Modify substances listed on the controlled substances schedule and to declare an emergency.

SD SB28

Revise and repeal obsolete provisions related to the Department of Social Services.

SD HB1125

Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp and to provide a penalty therefor.

SD HB1083

Permit a person convicted of certain driving under the influence offenses to drive for certain purposes.

Similar Bills

No similar bills found.