Agreement on civil rights prevents imprisonment for inability to pay sobriety monitoring costs

Pennington County is the second most populous county in South Dakota, and a recent settlement has put an end to the practice of jailing individuals who are unable to pay the daily fees associated with the state’s 24-7 sobriety program. This settlement in a federal class action lawsuit could potentially influence the operations of other counties administering similar programs across the state.

The 24-7 program, which was originally developed in South Dakota and has since expanded to other states, assigns individuals accused of crimes involving drugs or alcohol to undergo sobriety monitoring while awaiting trial or as part of their sentencing. Participants are required to pay for the monitoring, with costs varying depending on the type and duration of monitoring. The fees can range from $2 a day for breath testing to $30-$42 weekly for urinalysis drug testing or alcohol monitoring bracelets. Participants also have the flexibility to switch between different monitoring methods based on their financial or personal circumstances as their case progresses through the court system.

Individuals may remain in the program for various periods, from weeks to months or even longer, depending on the length of their legal proceedings. The recent settlement in Pennington County was the result of a lawsuit filed in 2023 by Ricky Lookingback from Rapid City. Lookingback challenged his imprisonment for failure to pay the 24-7 fee, arguing that it violated constitutional protections against incarcerating individuals for debt. The settlement agreement allows Lookingback and 37 others who were jailed due to an inability to pay program fees to receive financial compensation, with Lookingback potentially receiving $10,000 and others $1,000 each. Importantly, the agreement prohibits the jailing or threat of jail time against individuals who cannot afford program fees.

Attorney Jim Leach, who represented Lookingback, emphasized that the settlement should serve as a warning to all South Dakota counties that detaining indigent individuals for financial reasons is a violation of their civil rights and could lead to legal challenges. Leach expressed support for the 24-7 program but stressed the importance of upholding constitutional principles that prohibit the punishment of poverty.

The 24-7 program aims to reduce DUI incidents through frequent testing and participant fees. Under this program, individuals must pay testing fees upfront or at the time of testing. The most common testing method involves individuals visiting a local jail twice daily for breath tests at a cost of $1 per test. Those who fail a test or fail to appear for testing may face imprisonment, pending a judge’s decision on their release. Despite experiencing steady DUI arrest rates, particularly in light of the state’s population growth, the program has demonstrated success in reducing felony DUI charges and alcohol-related traffic accidents over the years.

Former South Dakota Attorney General Larry Long, who oversaw the initial rollout of the program in 2005, praised the program’s effectiveness in curbing DUI offenses. While DUI arrest rates have remained relatively stable, Long noted a significant decline in felony DUI charges and alcohol-related crashes since 2007. Long’s emphasis on the importance of making the program accessible to a wide range of individuals underscores the intentional setting of low price points for breath tests in order to ensure broad participation and engagement across different socio-economic groups.

As the 24-7 program continues to expand to other states, concerns surrounding the constitutional implications of incarcerating financially disadvantaged participants remain a focal point. Long advised county sheriffs overseeing these programs that an inability to pay should not result in immediate punitive measures. The overarching goal of the program is to promote public safety while upholding essential constitutional principles that safeguard individuals’ rights, irrespective of their financial circumstances.