The bill amends South Dakota's law regarding bond or pre-trial release conditions related to participation in the 24/7 sobriety program. It stipulates that while the court may require participation in this program and payment of associated costs, a defendant cannot be jailed or have their bond revoked solely for failing to pay these costs unless the court determines that the defendant has the present and continued ability to pay. Additionally, the burden of proof lies with the defendant to demonstrate that any failure to pay was not willful and that they made a genuine effort to fulfill their financial obligations.

Furthermore, the bill introduces provisions that allow the court to impose any unpaid costs and expenses of the sobriety program at the disposition of the defendant's criminal case, provided the court finds that the defendant has the ability to pay these costs. This amendment aims to ensure that defendants are not unduly penalized for financial difficulties while still holding them accountable for their participation in the sobriety program.

Statutes affected:
Introduced, 01/28/2026: 1-11-20