HB 1176

 26.898.10  101st Legislative Session  1176
                                         2026 South Dakota Legislature
                                                 House Bill 1176
                                              SENATE APPROPRIATIONS ENGROSSED
 Introduced by: Representative Pourier
1 An Act to clarify bond or pre-trial release upon sobriety program participation.
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
3 Section 1. That § 1-11-18 be AMENDED:
41-11-18. There is hereby established in the state treasury the 24/7 sobriety fund.
5     The fund shall be maintained and administered by the Office of the Attorney General to
6     defray costs of operating the 24/7 sobriety program, including purchasing and maintaining
7     equipment and funding support services, and to reimburse counties for the cost and
8     expenses of the program if a court does not find a defendant has the present and
9     continued ability to pay according to section 2 of this Act. The Office of the Attorney
10     General may accept for deposit in the fund money from donations, gifts, grants,
11     participation fees, and user fees or payments. Expenditures from the fund shall be
12     budgeted through the normal budget process. Unexpended funds and interest shall remain
13     in the fund.
14 Section 2. That § 1-11-20 be AMENDED:
151-11-20. The court may condition any bond or pre-trial release upon participation
16     in the 24/7 sobriety program and payment of associated costs and expenses. No defendant
17     may be jailed, nor a defendant's bond or pre-trial release revoked, for failure to pay the
18     costs and expenses of the program, unless the court finds the defendant has the present
19     and continued ability to pay the costs and expenses of the program. The defendant has
20     the burden of proof to establish to the reasonable satisfaction of the court that the
21     defendant did not willfully fail to pay, or did make a bona fide effort to pay, the costs and
22     expenses of the program.
23Any costs and expenses of the program not paid by the defendant prior to the
24     disposition of the defendant's criminal case may be imposed upon disposition of the case,
                                                                                Underscores indicate new language.
                                                                              Overstrikes indicate deleted language.
26.898.10  2  1176
1    if the court finds the defendant has the ability to pay the costs and expenses of the
2    program.
                                                                       Underscores indicate new language.
                                                                     Overstrikes indicate deleted language.