UPDATE: Attorney General Jason Ravnsborg’s attempt to modify presumptive probation failed in an 8-5 vote on March 4, by the House Judiciary Committee.
Senate Bill 6 would revise certain conditions under which presumptive probation may be applied.
The ACLU of South Dakota opposes this bill. Senate Bill 6 would water down presumptive probation and adversely affect how it may be applied. The sentencing court may impose a sentence other than probation or a fully suspended penitentiary sentence if the court finds aggravating circumstances exist that pose a significant risk to the public and require a departure from presumptive probation under this section.