The Senate Judiciary Committee advanced a bill Thursday that would increase criminal penalties for drugs inside South Dakota prisons, despite pointed warnings that tougher sentences could worsen addiction and drive up incarceration costs.
Ingestion bill dominates hearing
Senate Bill 42 would increase penalties for possessing, delivering, or ingesting controlled substances in a state correctional facility. Attorney General Marty Jackley told lawmakers the bill responds to eight overdose deaths and a surge in prison drug investigations.
“You know we have eight overdose deaths,” Jackley said. He added that his office has117 open prison drug criminal files. “There needs to be something done.And I think this statute does that.I think it’s reasonable. It gives a deterrent value.”
Citizen testimony shifts tone
The most pointed opposition came from Hailey Baker, a private citizen, testifying on her own behalf.
“Punishment doesn’t create safer prisons, communities, or lower our recidivism rates,” Baker said. “Increasing the penalty for a person that’s already incarcerated is just choosing to implement more instability.”
Proportionality concerns raised
Eric Whitcher, the Pennington County Public Defender, warned that habitual-offender enhancements could dramatically increase exposure for inmates charged under the bill.
“If this bill passes, all people would be facing 25 years in the state penitentiary for a simple possession of a controlled substance,” Whitcher said.
Bill advances with division
Despite the concerns, the committee voted 4–2 to send SB 42 to the Senate floor.
Sen. Helene Duhamel (R-Rapid City) said she remained uneasy about penalties for inmates but supported advancing the bill.
“We definitely need some teeth into those folks — the non-inmates, the visitors, the employees,” Duhamel said.
