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.

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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.

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.

What This Bill Does

• 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 keyword topics: Courts and Judiciary Criminal Procedure Probation Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4764/Detail">Hughes</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4731/Detail">Andera</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4749/Detail">Emery</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4753/Detail">Goodwin</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4761/Detail">Heinemann</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4766/Detail">Hunt</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4791/Detail">Muckey</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4796/Detail">Novstrup</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4804/Detail">Pourier</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4811/Detail">Rice</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4812/Detail">Roby</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4818/Detail">Schwans</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4824/Detail">Uhre-Balk</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4834/Detail">Wittman</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4756/Detail">Grove</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4762/Detail">Hohn</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4794/Detail">Nelson</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4807/Detail">Reed</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4821/Detail">Smith</a>

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

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 keyword topics:
Courts and Judiciary
Criminal Procedure
Probation
Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4764/Detail">Hughes</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4731/Detail">Andera</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4749/Detail">Emery</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4753/Detail">Goodwin</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4761/Detail">Heinemann</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4766/Detail">Hunt</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4791/Detail">Muckey</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4796/Detail">Novstrup</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4804/Detail">Pourier</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4811/Detail">Rice</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4812/Detail">Roby</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4818/Detail">Schwans</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4824/Detail">Uhre-Balk</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4834/Detail">Wittman</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4756/Detail">Grove</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4762/Detail">Hohn</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4794/Detail">Nelson</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4807/Detail">Reed</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4821/Detail">Smith</a>

Current Bill Text

26.175.18 101st Legislative Session 1140

2026 South Dakota Legislature
House Bill 1140
ENROLLED

AN ACT

ENTITLED An Act to 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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-27-18.3 be AMENDED:
23A-27-18.3. The conditions of probation imposed pursuant to § 23A-27-12 or
23A-27-13, or the conditions of a suspension of execution imposed pursuant to § 23A-27-
18, shall provide, in addition to any other conditions and as an explicit condition of
probation, suspended imposition of sentence, or suspended execution of sentence, that
the defendant not commit another federal, state, or local crime during the term of
probation or suspension.
The conditions of probation imposed pursuant to § 23A-27-12 or 23A-27-13, or the
conditions of a suspension of execution imposed pursuant to § 23A-27-18, may provide,
in addition to any other conditions and as an explicit condition of probation, suspended
imposition of sentence, or suspended execution of sentence, that the defendant:
(1) Pay a fine or perform community service work as directed by the court;
(2) Participate in and complete a program at any nonprofit entity awarded an
alternative care program grant pursuant to § 16-2-60, if:
(a) The defendant consents to participating in the program;
(b) The program has availability and the defendant's application is approved
based on the standard criteria for all applicants; and
(c) The defendant's application is completed prior to sentencing;
(3) Receive treatment for chemical dependency at any South Dakota treatment facility
accredited pursuant to § 34-20A-27 and reimburse the county for costs of
treatment ordered by the court; or
(4) Make restitution pursuant to the provisions of chapter 23A-28.
26.175.18 2 1140
HB1140 ENROLLED
Section 2. That § 32-23-4 be AMENDED:
32-23-4. If conviction for a violation of § 32-23-1 is for a third offense, the person
is guilty of a Class 6 felony, and the court must revoke the person's driver license for a
period of not less than one year from the date sentence is imposed or one year from the
date of initial release from imprisonment , whichever is later. If the person is returned to
imprisonment prior to the completion of the period of driver's license revocation, time
spent imprisoned does not count toward fulfilling the period of revocation. If the person is
convicted of driving wit hout a license during that period, the court must sentence the
person to the county jail for not less than ten days, which sentence may not be suspended.
Notwithstanding § 23A-27-19, the court retains jurisdiction to modify the conditions of the
license revocation for the term of the revocation. Upon the successful completion of a
court-approved chemical dependency counseling program, and proof of financial
responsibility pursuant to § 32-35-113, the court may permit the person to operate a
vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, child
care delivery or pickup, health appointments, attendance at court or probation
appointments, or attendance at counseli ng programs, treatment, aftercare, or an
alternative care program pursuant to subdivision 23A-27-18.3(2).
26.175.18 3 1140
HB1140 ENROLLED
An Act to 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.

I certify that the attached Act originated in
the:

House as Bill No. 1140

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1140
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State