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Senate reclassifies ingestion offense, expands treatment pathway; SB83 narrowly passes
Summary
After extended floor debate about incarceration costs, treatment courts and community impacts, the Senate passed Senate Bill 83 to lower the penalty for ingestion and promote diversion/treatment options such as HOPE Probation.
The South Dakota Senate passed Senate Bill 83 after an extended floor discussion about whether lowering the penalty for ingestion of controlled substances would improve rehabilitation outcomes and reduce incarceration costs.
Senator Jessica Grove, the bill’s sponsor, said the measure would revise the penalty and increase treatment options for people who ingest certain controlled substances. Grove argued South Dakota is currently the only state that treats ingestion as a felony and urged lawmakers to prioritize treatment courts and probation options as alternatives to incarceration.
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