An Act to revise the penalty and provide treatment for the ingestion of certain controlled substances.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 22-42-5.1 be AMENDED:

22-42-5.1. No person may knowingly ingest a controlled drug or substance or have a controlled drug or substance in an altered state in the body unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner's professional practice, or except as otherwise authorized by chapter 34-20B. A The following penalties apply to a violation of this section for a substance in Schedules I or II is a Class 5 felony. A violation of this section for a substance in Schedules III or IV is a Class 6 felony.:

(1) A first violation is a Class 1 misdemeanor, and the court may sentence the person to a period of probation that the court deems best. If probation is ordered, the court must, as a condition of probation, include, in addition to any other sentence, shall order that the person complete a drug and alcohol evaluation and complete any recommended course of treatment. The court may impose other terms and conditions of probation as the court deems best supervised probation using evidence-based sentencing practices, which may include the HOPE probation program and other programs as established in chapter 16-22;

(2) A second violation is a Class 1 misdemeanor, and the court shall sentence, in addition to any other sentence, may sentence the person to a period of up to one year in jail, and shall sentence the person to a period of supervised probation that the court deems best. As a condition of probation, the court shall include using evidence-based practices, which may include the HOPE probation program and other programs as established in chapter 16-22, and order that the person complete a drug and alcohol evaluation and complete any other recommended course of treatment. The court may impose other terms and conditions of probation as the court deems best; and

(3) A third or subsequent violation, occurring within five ten years of the person's first conviction, is a Class 6 felony; and

(4) If the person is an inmate of a state correctional facility, a violation is Class 6 felony.