The bill amends existing provisions regarding the delivery, possession with intent to deliver, and possession of unauthorized articles in state correctional facilities in South Dakota. It establishes specific penalties for various offenses related to the possession of prohibited items by inmates. Notably, the bill specifies that possession of alcoholic beverages, marijuana, articles of indulgence, and certain electronic devices, such as cell phones, will incur different felony classifications. For instance, possession of alcoholic beverages or marijuana is classified as a Class 6 felony, while possession of a cell phone or other prohibited electronic communication devices is classified as a Class 4 felony. Additionally, possession of prescription or nonprescription drugs without proper authorization is also classified as a Class 4 felony, and possession of a dangerous weapon is classified as a Class 2 felony.

Furthermore, the bill clarifies the definitions and scope of prohibited items by introducing the term "article of indulgence," which refers to any item that inmates are not allowed to possess under the Department of Corrections' policies. The bill also revises the language regarding the intent to deliver such items, ensuring that individuals who deliver or attempt to deliver these articles to inmates face the same penalties as the inmates themselves. Overall, the legislation aims to strengthen the regulations surrounding contraband in correctional facilities and enhance the enforcement of these laws.

Statutes affected:
Introduced, 01/10/2025: 24-2-14, 24-2-22