South Dakota 2022 Regular Session

South Dakota Senate Bill SB119

Introduced
1/26/22  
Refer
1/26/22  
Report Pass
2/17/22  
Engrossed
2/22/22  
Refer
2/24/22  
Report Pass
2/28/22  
Enrolled
3/1/22  

Caption

Prohibit sexual contact between prison employees and prisoners.

Impact

If enacted, SB119 significantly alters the legal landscape surrounding prison conduct. By criminalizing sexual misconduct between staff and inmates, it amplifies the accountability of correctional personnel and is intended to prevent abuses of power that can occur in detention environments. The bill reflects a growing acknowledgment of the need to safeguard the dignity and safety of prisoners, aligning with broader trends to reform practices in the criminal justice system and improve conditions within prisons.

Summary

Senate Bill 119 seeks to prohibit sexual contact between prison employees and prisoners in South Dakota. This bill amends existing laws by making it a Class 6 felony for any state employee, particularly those working in prisons or detention facilities, to engage in sexual acts, including penetration or contact, with individuals under their authority. This legislative action aims to tighten the regulations governing the conduct of prison staff and enhance the protection of inmates' rights within correctional facilities.

Sentiment

The sentiment around SB119 is largely positive among advocacy groups and legislators who emphasize the importance of protecting vulnerable populations housed in correctional facilities. Supporters view the bill as a crucial step toward ensuring safety, respect, and proper treatment for prisoners. However, there may be concerns regarding the implementation of the bill and its impacts on prison staff, with potential apprehensions about how such stringent regulations could affect staffing levels or conditions within facilities.

Contention

While there is a consensus on the need to prevent sexual misconduct in prisons, discussions around the bill may involve debate about the extent of the penalties and how they are enforced. Some may argue that the definition of sexual contact could be stretched or misapplied, potentially leading to unfair consequences for employees who are accused. The bill's adoption is an essential move, but it also raises questions about safeguarding due process for prison employees while ensuring prisoner protections remain paramount.

Companion Bills

No companion bills found.

Previously Filed As

SD SB81

Revise the definition of sexual contact for purposes of sexual contact with a child under eighteen by a person in a position of authority.

SD SB154

Prohibit pharmaceutical manufacturers from interfering in contracts between 340B entities and pharmacies and to provide a penalty therefor.

SD SB115

Revise a provision related to sexual contact with a child under eighteen.

SD HB1185

Prohibit certain restrictions in employment contracts.

SD SB77

Enhance the penalty on registered sex offenders who commit sexual contact without consent from a person capable of consenting.

SD HB226

Creates the crime of prohibited sexual contact between a psychotherapist and a client or patient (OR INCREASE GF EX See Note)

SD HB6090

Corrections: prisoners; visitation between prisoners and eligible visitors; provide for certain protections and limitations. Amends secs. 14a, 52, 53 & 68a of 1953 PA 232 (MCL 791.214a et seq.).

SD HB5431

PREGNANT PRISONERS-RESTRAINTS

SD HB2294

Private prisons; contracts; prohibition

SD HB2247

Private prisons; contracts; prohibition

Similar Bills

No similar bills found.