South Dakota HB 1176 Prohibits Revoking Pre-Trial Release Solely for Inability to Pay Sobriety Program Costs

Original title: clarify bond or pre-trial release upon sobriety program participation.

Last action · March 9, 2026: Placed on calendar pursuant to JR 6F-6Sponsors: Peri Pourier and 4 others

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What This Bill Proposed

South Dakota HB 1176 prohibits courts from revoking a defendant's bond, , or jailing them solely for failing to pay 24/7 sobriety program costs, unless a willful failure to pay with the present ability to pay is established. The measure amends existing statutes to clarify conditions for pre-trial release and adjust reimbursements from the state's to cover county expenses when defendants cannot pay.

Why it matters

Defendants participating in pre-trial sobriety programs gain legal protection against being jailed for unpaid fees unless they have the financial capability to pay, while counties receive statutory backing for cost reimbursements from the state treasury.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Defendants participating in the 24/7 sobriety program

Defendants gain protection from having bond revoked or facing jail time for unpaid program fees unless the court finds they have the ability to pay.

Directly affected

Counties

Counties are eligible for reimbursements from the state 24/7 sobriety fund for program costs and expenses when defendants lack the ability to pay.

Directly affected

Office of the Attorney General

The office maintains and administers the 24/7 sobriety fund and may accept donations, grants, and fees for deposit.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Can I be jailed if I cannot afford to pay for the 24/7 sobriety program while on pre-trial release?

No, a defendant cannot be jailed or have their bond revoked for failing to pay program costs unless the court determines they have the present and continued ability to pay.

Who is responsible for proving whether a defendant could pay the sobriety program fees?

The defendant bears the burden of proof to establish to the court's satisfaction that they did not willfully fail to pay or made a bona fide effort to pay.

What happens to program costs that a defendant fails to pay before their criminal case is resolved?

Unpaid costs and expenses may be imposed upon the final disposition of the case, provided the court finds that the defendant has the ability to pay them.

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Where This Stands

This bill did not become law - Died at adjournment · passed the House · on the Senate floor.

Procedural history

13 actions

Mar 9, 2026Senate
Placed on calendar pursuant to JR 6F-6
Mar 5, 2026Senate
Report out of committee without recommendation as amended
Mar 5, 2026SenateCommittee
Do Pass Amended
Mar 5, 2026Senate
Motion to amend
Mar 5, 2026Senate
Scheduled for hearing
Mar 3, 2026SenateCommittee
Referred to

Show 7 earlier actions

Mar 3, 2026Senate
Scheduled for hearing
Feb 11, 2026SenateIntroduced
First read in Senate and referred to
Feb 10, 2026HouseFloor
Do Pass
Feb 9, 2026House
Certified uncontested, placed on consent
Feb 9, 2026HouseCommittee
Do Pass
Feb 9, 2026House
Scheduled for hearing
Jan 28, 2026HouseIntroduced
First read in House and referred to

Version history

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