The bill amends existing laws regarding the 24/7 sobriety program in South Dakota, specifically addressing the management of the 24/7 sobriety fund and the conditions for bond or pre-trial release. It establishes that the fund, maintained by the Office of the Attorney General, will cover operational costs of the sobriety program and reimburse counties for expenses if a court determines a defendant lacks the ability to pay. The fund can receive money from various sources, including donations and fees, and any unspent funds will remain in the fund.

Additionally, the bill clarifies that while a court may require participation in the sobriety program as a condition for bond or pre-trial release, a defendant cannot be jailed or have their release revoked solely for failing to pay program costs unless the court finds they have the ability to pay. The burden of proof lies with the defendant to demonstrate they did not willfully fail to pay or made a genuine effort to do so. Furthermore, any unpaid costs may be imposed upon the defendant at the conclusion of their criminal case if the court determines they have the ability to pay.

Statutes affected:
Introduced, 01/28/2026: 1-11-20
Senate Appropriations Engrossed, 03/05/2026: 1-11-18, 1-11-20