State House panel approves bill to eliminate jail time for inability to pay penalties

A bill aimed at prohibiting the practice of incarcerating individuals who cannot afford sobriety program fees was endorsed by a South Dakota House of Representatives panel in Pierre. The House Judiciary Committee, composed of 12 members, including some who had previously opposed a similar bill, supported House Bill 1176. This bill pertains to the state’s 24-7 sobriety program, which allows individuals facing charges related to alcohol or drugs, particularly repeat offenders like those charged with DUI, to be released from jail while awaiting trial under the condition that they undergo frequent testing to demonstrate their sobriety at their own expense. Failure to pass a test could result in immediate incarceration, with the option to petition for reentry into the program after appearing before a judge.

While the program was founded with the directive not to detain participants for nonpayment due to constitutional concerns, some individuals had nonetheless been imprisoned solely for their inability to cover program expenses. Recently, a settlement was reached in a class action lawsuit that challenged the practice in Pennington County. As part of the settlement, the county agreed to pay damages to the plaintiff, Ricky Lee Lookingback, and 37 others who had been detained for failure to pay. The terms of the settlement stipulate that no one can be jailed or threatened with imprisonment for their financial inability to meet program costs. However, final approval from a federal judge is still pending, even though all parties involved have agreed to the terms.

The inspiration to introduce the bill came from a report by South Dakota Searchlight covering the settlement. Rep. Peri Pourier, a Republican from Rapid City, was reminded of the issue after reading the story and decided to reintroduce the bill from 2022 with some adjustments. The current bill aims to align state law with the clear precedent set by the U.S. Supreme Court, which prohibits the detention of individuals simply because they are unable to meet financial obligations. According to Pourier, the bill specifies that no individual should be incarcerated or have their bond revoked for failure to pay program fees unless the court determines that the individual is both capable of paying and willfully refusing to do so.

The bill received support from various stakeholders, including representatives from the South Dakota defense attorneys and trial lawyers, and the South Dakota Network Against Family Violence and Sexual Assault. Notably, opposition to the bill was absent during recent testimony. Rep. Mary Fitzgerald, who had previously voted against the 2022 version of the bill, acknowledged that recent court cases had influenced the operation of the 24-7 program in South Dakota. Similarly, Rep. Will Mortenson, who had also voted against the previous bill, cited Supreme Court precedents and the absence of law enforcement officials’ opposition during the current hearing as factors that informed his decision to support the current bill.

After receiving approval from the House Judiciary Committee, the bill has been forwarded for inclusion in the House consent calendar, where it will be voted on collectively unless a member requests further deliberation.