Senate Bill 42

Background: Senate Bill 42 is an act to enhance the penalties for ingestion, possession, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.

Our Stance: The ACLU of South Dakota is neutral on Senate Bill 42.

Update: Senate Bill 42 has been amended to remove the felony charge for an inmate, only keeping the punishment in place for a correctional facility employee, which moves our position on the bill to neutral.

Previously: This bill would put the ingestion charge back in place. This has the potential to add another 25 years to a person's sentence. We should be seeking out the sources of drug trafficking, not punishing those who are already incarcerated.