An Act to revise provisions related to driving under the influence.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 32-23-4.5 be AMENDED:
32-23-4.5.
Any conviction
for, or plea of guilty to, an offense in another state
which
that, if
committed in this state, would be a violation of
22-16-41,
22-18-36,
or 32-23-1,
22-18-36,
or 22-16-41,
and occurring within ten years prior to the date of the violation
being charged, or twenty-five years if the requirements of
32-23-4.9
have been satisfied,
must be used to determine if the violation
of 32-23-1
being charged is a second, third, or subsequent offense.
Section 2. That 32-23-4.9 be AMENDED:
32-23-4.9.
If a conviction
for a violation of 32-23-1
is for a sixth
or subsequent
offense,
or subsequent offense, and the person had at least five convictions
of 32-23-1 occurring within twenty-five years of the
violation being charged, and at least two of those prior convictions
having occurred within ten years,
the violation is an aggravated offense and the person is guilty of a
Class 4 felony. If a person is convicted of an aggravated violation
of 32-23-1
and the person has at least six convictions of 32-23-1
occurring within fifteen years of the violation being charged,
the court must sentence the person to at least six years in a state
correctional facility, one of which must be served on parole, unless
refused pursuant to 24-15A-15.
Any term of parole must include at least one of the following:
enrollment in an alcohol or drug accountability program, an ignition
interlock, a breath alcohol interlock, an alcohol monitoring
bracelet, or another enhanced monitoring tool. The court may suspend
this sentence only if the court orders the person to participate in
and complete a drug court program, DUI court program, veterans
treatment court program, or mental health court program, as a
condition of probation.
The court, in pronouncing
sentencing, shall revoke the person's driver license for a period of
not less than three years from the date the sentence is imposed or
three years 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 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 twenty 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
such
the revocation.
Upon the person's 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, or attendance at counseling programs.
For each person convicted under
this section and placed on probation, parole, or released from prison
due to a suspended sentence, the person's supervision must include at
least one of the following: enrollment in an alcohol or drug
accountability program, an ignition interlock, a breath alcohol
interlock, an alcohol monitoring bracelet, or another enhanced
monitoring tool. The Unified Judicial System shall
oversee supervision of
supervise the
offender if the sentence does not include a term of imprisonment in a
state correctional facility. The Department of Corrections shall
oversee supervision of
supervise the
offender if the sentence includes a term of imprisonment in a state
correctional facility. Any offender supervised pursuant to this
section is not excluded from earned discharge credit as otherwise
authorized by statute.
If, during the period of
supervision imposed under this section, the person being supervised
violates conditions, the person must be penalized according to the
graduated sanctions policy
to be
as established
by the Supreme Court
or the Department of Corrections, respectively
in chapter 23A-48.
Section 3. That 32-23-4.1 be REPEALED:
Except as authorized
under 32-23-4.9,
no previous conviction for, or plea of guilty to, a violation of
32-23-1,
22-18-36,
or 22-16-41
occurring more than ten years prior to the date of the violation
being charged may be used to determine that the violation being
charged is a second, third, or subsequent offense. Any period of time
during which the defendant was incarcerated for a previous violation
may not be included when calculating if the time period provided in
this section has elapsed.
Section 4. That 16-22-23 be AMENDED:
16-22-23. The oversight council shall meet within ninety days after appointment and shall meet at least semiannually thereafter. The oversight council terminates five years after its first meeting, unless the Legislature, by joint resolution, continues the oversight council for a specified period of time.
The oversight council has the following powers and duties:
(1) Review the recommendations of the criminal justice initiative work group in the final report dated November 2012, and track implementation and evaluate compliance with this chapter;
(2) Review performance and outcome measures proposed by the Department of Corrections, Unified Judicial System, and Department of Social Services;
(3) Review performance and outcome measure reports submitted semiannually by the Department of Corrections and Unified Judicial System pursuant to 1-54-9, 16-22-7, 16-22-10, 16-22-12, 16-22-14, 16-22-20, 16-22-24, 23A-47-8, 24-15A-47, 24-15A-49, and 24-15A-53 and evaluate the impact of 23A-4-3;
(4) Review of behavioral health intervention outcomes delivered to probationers and parolees administered by Department of Social Services pursuant to 16-22-24;
(5) Review the payments of the reinvestment fund to counties, pursuant to 1-15-36, the number of probationers above the trend line, and the rate of felony convictions to prison and probation by each county;
(6) Review the number and length of stay of offenders admitted to the Department of Corrections, particularly in the categories included in this chapter;
(7) Review the activities of
23A-27-18.1,
32-23-4.1,
32-23-4.6,
and 32-23-4.9,
including:
(a) The number of offenders supervised and the number of violations of the conditions pursuant to 32-23-4.9; and
(b) The number and percent of offenders in 23A-27-18.1 imprisoned in the county jail for more than one hundred eighty days; and
(8) Prepare and submit an annual summary report of the performance and outcome measures that are part of this chapter to the Legislature, Governor, and Chief Justice. The report should include recommendations for improvements and a summary of savings generated from this chapter.