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Panel backs tougher penalties for drugs in prisons after overdose deaths

South Dakota Legislature — House Education & House Judiciary Committees · March 3, 2026

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Summary

Senate Bill 42, sponsored by the attorney general, would raise penalties for delivering and ingesting controlled substances in state correctional facilities; the House Judiciary Committee passed the bill 10–1 after proponents cited eight overdose deaths.

The House Judiciary Committee voted to advance Senate Bill 42 after testimony from Attorney General Marty Jackley and Department of Corrections Secretary Nick Lamb, who framed the bill as a response to a string of overdose deaths and a rising number of criminal cases tied to contraband in prisons.

Jackley said delivery of controlled substances into correctional facilities would be upgraded to higher‑class felonies and ingestion by inmates under confinement would be classified as a class‑5 felony in the draft. "We investigated eight overdose deaths last year," Jackley said, and prosecutors currently handle more than 100 correctional‑related criminal cases.

Secretary Nick Lamb said the bill would protect staff and inmates and help deter trafficking into facilities. Eric Erickson of the State’s Attorneys Association also urged passage.

Tara Larson, speaking for criminal‑defense interests, urged caution and recommended a narrowly targeted amendment that would avoid undoing the legislature’s recent changes favoring treatment for ingestion offenses. Several committee members acknowledged those concerns but voted to do pass the bill, 10 yeas to 1 nay (two excused).