South Dakota Attorney General Jason Ravensborg is asking state lawmakers to modify our state's presumptive probation laws. Last year’s attempt to repeal the law was voted down.
The current presumptive probation law requires courts to sentence people with a class 5 or 6 felony to probation rather than prison time. Attorney General Ravensberg explained why last year’s bill failed and how this year’s bill is different.
“Last year we brought sb 19 which was a full repeal but our arguments at the time was that the judge’s discretion was limited, and law enforcement was not cooperative. We went back to drawing board and said how can we fix the subparts if we can’t fix the entire bill. It fosters cooperation, it makes a penalty at the discretion at the court, another factor to consider.”
South Dakota Association of criminal defense lawyers opposed the measure telling lawmakers many of those arrested with low-level offenses, such as drug ingestion – further saying these folks need treatment, not incarceration.
Douglas A. Abraham – SD association of criminal defense lawyers.
“It takes those very limited resources for treatment and further invests them in correction in prison for simple drug offenses and low-level possession, that is the wrong direction. People with addiction problems need to be treated in treatment centers not in prisons, this is the wrong way to go.”
If passed the new law will cost the state more than 8.4 million dollars over 10 years in operational costs for the state prison and jails according to the legislative research council cost estimate statement. The bill passed out of committee on a 5 to 2 vote.