South Dakota’s Pennington County has agreed to stop jailing people who can’t afford the daily fees tied to the state’s 24/7 Sobriety Program. The decision comes as part of a federal class‑action settlement brought by Rapid City resident Ricky Lookingback, who was jailed after he couldn’t pay a $10 drug‑testing fee.
Under the agreement, Lookingback will receive $10,000, and 37 others identified as having been jailed for nonpayment will each be eligible for $1,000. The settlement also bars the county from jailing or threatening jail time for anyone unable to pay program fees.
The 24/7 program—used by more than 90,000 people since 2005—requires participants to undergo regular alcohol or drug testing, often at their own expense. Supporters say it reduces repeat DUI offenses and alcohol‑related crashes, but critics argue the fees can be impossible for the poorest participants to pay.
County officials say people who don’t pay will now be reported to the courts, where judges will determine whether nonpayment was willful or due to genuine hardship.
The settlement could influence how other South Dakota counties run the program, with legal experts saying it sends a clear message: poverty alone cannot be grounds for incarceration.
