HB 1140

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
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 without 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 counseling programs, treatment, aftercare, or an
   alternative care program pursuant to subdivision 23A-27-18.3(2).
HB1140 ENROLLED
26.175.18  3  1140
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.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 House as Bill No. 1140
                                                     By
                     Chief Clerk of the House  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                          Speaker of the House  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                     Chief Clerk of the House
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                       President of the Senate
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                       Secretary of the Senate  Secretary of State
 House Bill No. 1140  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
HB1140 ENROLLED