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26.456.17 101st Legislative Session 42
2026 South Dakota Legislature
Senate Bill 42
ENROLLED
AN ACT
ENTITLED An Act to enhance the penalties for ingestion, possession with intent to
deliver, and delivery of a controlled substance in a state correctional facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 24-2-22 be AMENDED:
24-2-22. Any employee or other person who delivers or procures to be delivered,
or possesses with the intent to deliver, to any inmate in a state correctional facility, or
who deposits or conceals in or around any facility or place used to house inmates, or in
any mode of transport entering the grounds of any facility or place and its ancillary
facilities used to house inmates, any of the following articles, with the intent that any
inmate obtain or receive the article, is guilty of a felony pursuant to the following schedule:
(1) Any alcoholic beverage or marijuana is a Class 6 felony;
(2) A cell phone or any other electronic communication device prohibited by
Department of Corrections policy is a Class 4 felony;
(3) Any prescription or nonprescription drug or controlled substance, as defined by
chapter 34-20B, except as authorized by the Department of Corrections, is a Class
3 felony;
(4) A dangerous weapon, as defined by § 22-1-2, is a Class 2 felony; and
(5) Any article, not proscribed by this section, that is not provided by or authorized by
the facility in any form, is a Class 6 felony.
Section 2. That § 22-42-5.1 be AMENDED:
22-42-5.1. No person may knowingly ingest a controlled drug or substance or
have a controlled drug or substance in an altered state in the body unless the substance
was obtained directly or pursuant to a valid prescription or order from a practitioner, acting
in the course of the practitioner's professional practice, or except as otherwise authorized
by chapter 34-20B. The following penalties apply to a violation of this section:
26.456.17 2 42
SB42 ENROLLED
(1) A first violation is a Class 1 misdemeanor, and the court, in addition to any other
sentence, shall order that the person complete a drug and alcohol evaluation and
complete supervised probation using evidence -based sentencing practices, which
may include the HOPE probation program and other programs as established in
chapter 16-22;
(2) A second violation is a Class 1 misdemeanor, and the court, in addition to any other
sentence, may sentence the person to a period of up to one year in jail, and shall
sentence the person to a period of supervised probation using evidence -based
practices, which may include the HOPE probation program and other programs as
established in chapter 16-22, and order that the person complete a drug and
alcohol evaluation and complete any other recommended course of treatment;
(3) A third or subsequent violation, occurring within ten years of the person's first
conviction, is a Class 6 felony;
(4) A violation by an inmate under confinement in a state correctional facility is a Class
5 felony; and
(5) A violation by a person while under parole supervision is a Class 5 felony.
26.456.17 3 42
SB42 ENROLLED
An Act to enhance the penalties for ingestion, possession with intent to deliver, and delivery
of a controlled substance in a state correctional facility.
I certify that the attached Act originated in
the:
Senate as Bill No. 42
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk of the House
Senate Bill No. 42
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