South Dakota2026Active
HB1140
Allowing Courts to Order Treatment at Nonprofit Alternative Care Programs
Last scannedAug 25, 2026, 3:29 AM
In one sentence
This law lets courts require people on probation or with suspended sentences to attend treatment programs run by nonprofits that have received special state grants, if certain conditions are met.
What it does
- Allows a court to order a defendant to participate in and complete a program at a nonprofit entity awarded an alternative care program grant as a condition of probation, suspended imposition of sentence, or suspension of execution.
- Requires the defendant's consent before they can be ordered into the treatment program.
- States that the program must have space available and approve the defendant's application based on standard criteria used for all applicants.
- Mandates that the defendant's application for the program must be completed prior to sentencing.
- Updates driver license revocation rules to allow limited driving privileges after successful completion of a court-approved chemical dependency counseling or alternative care program.
Who it affects
- Defendants who are on probation, have a suspended imposition of sentence, or have a suspension of execution of their sentence.
- Courts that impose conditions for probation and parole in South Dakota.
- Nonprofit entities awarded an alternative care program grant under state law.
Limits and unknowns
- The law does not take effect until an effective date is set by state officials.
- Courts cannot order this treatment unless the nonprofit program has space available and approves the defendant's application using standard criteria.
- This specific condition only applies if the defendant agrees to participate in the program.
Plain language
Terms to know
- Alternative Care Program Grant
- A specific type of funding given by the state to nonprofit organizations to run treatment programs for defendants.
- Suspended Imposition of Sentence
- When a court delays giving out a sentence, often allowing the defendant to serve time on probation instead if they follow specific rules.
Official record
Sources
Official summary
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.
Official activity
Bill history
- Signed by the Governor