South Dakota 2023 Regular Session

South Dakota Senate Bill SB103

Introduced
1/25/23  
Refer
1/25/23  
Report Pass
2/9/23  
Engrossed
2/14/23  
Refer
2/15/23  
Report Pass
2/27/23  
Enrolled
2/28/23  

Caption

Create a pilot program in the Unified Judicial System for risk and lethality assessments for certain persons accused of assault or protection order violations.

Impact

If implemented, SB103 would warrant a significant shift in how immediate judicial assessments concerning domestic violence cases are conducted. By requiring a risk and lethality assessment to be conducted by law enforcement prior to the judge's evaluation of bond conditions, the bill aims to prioritize the safety of victims in legal proceedings. The program is set to expire on December 31, 2024, unless renewed based on evaluated efficacy. A final report detailing the program's outcomes will be submitted to the legislature, suggesting future policy directions regarding domestic violence cases.

Summary

Senate Bill 103 aims to establish a pilot program within the Unified Judicial System of South Dakota to conduct risk and lethality assessments for individuals accused of assaulting persons in specified domestic relationships or violating protection orders. This initiative reflects an effort to enhance judicial decision-making regarding bond and release conditions for accused individuals, especially in situations where victim safety may be at risk. The pilot program will collect and evaluate data on the effectiveness of these assessments in improving outcomes for victims of domestic violence.

Sentiment

The sentiment surrounding SB103 appears to be generally positive, especially among advocates for domestic violence prevention and victim rights. Supporters laud the potential for more informed judicial decisions, which could reflect a broader recognition of the dangers faced by victims of domestic abuse. However, there may be some concern regarding the implementation phase and the necessary training for law enforcement personnel to effectively carry out these assessments.

Contention

While the bill aims to address critical issues surrounding domestic violence, it could spark debates regarding privacy concerns and the implications of such assessments on individuals accused of crimes. The potential for misuse or misinterpretation of assessment results may lead to concerns about fairness in the judicial process. Furthermore, the bill's pilot nature necessitates careful observation to confirm that it effectively enhances victim protection without unintended consequences for defendants.

Companion Bills

No companion bills found.

Previously Filed As

SD SB89

Increase the daily maximum award for the alternative care program administered by the Unified Judicial System.

SD HB1063

Require the Unified Judicial System to assemble a task force to address barriers to services for emerging adults involved in the justice system in South Dakota.

SD SB944

Creates extreme risk orders of protection

SD SB191

Creates extreme risk orders of protection

SD SB33

Creates extreme risk orders of protection

SD HB1106

Provide for the security and privacy of certain personally identifiable information for judicial officers and to declare an emergency.

SD HB1489

Sexual assault restraining orders and domestic violence protection orders; to provide a penalty; and to provide an effective date.

SD H0729

Lethality Assessments

SD HB5081

Relating to the protection of personal identifying information of certain individuals in the judicial system; creating a criminal offense.

SD SB48

Relating to the issuance and effectiveness of protective orders, magistrate's orders for emergency protection, and temporary ex parte orders.

Similar Bills

No similar bills found.