2008 House Bill 1065 - Enrolled

        
AN ACT

        ENTITLED, An Act to  revise certain provisions regarding the 24/7 sobriety program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  That § 1-11-19 be amended to read as follows:
     1-11-19.   Each county, through its sheriff, may participate in the 24/7 sobriety program. If a sheriff is unwilling or unable to participate in the 24/7 sobriety program, the sheriff may designate an entity willing to provide the service. If twice a day testing is ordered, the sheriff, or designated entity, shall establish the testing locations and times for each county but shall have at least one location and two daily testing times approximately twelve hours apart.
     The Department of Corrections may participate in the 24/7 sobriety program for electronic alcohol monitoring device testing of parolees.
     The Unified Judicial System may participate in the 24/7 sobriety program for electronic alcohol monitoring device testing of persons placed under its supervision.
     Section 2.  That § 1-11-25 be amended to read as follows:
     1-11-25.   Any fees collected under §§ 1-11-17 to 1-11-25, inclusive, shall be distributed as follows:
             (1)      Any daily user fee collected in the administration of twice a day testing, drug patch testing, or urinalysis testing under the 24/7 sobriety program shall be collected by the sheriff, or the entity designated by the sheriff, and paid into the general fund of the proper county, the proceeds of which shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services and ensuring compliance;
             (2)      Any installation and deactivation fee collected in the administration of electronic alcohol monitoring device testing shall be collected by the sheriff, or the entity designated by the

sheriff, and paid into the general fund of the proper county, the proceeds of which shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance;

             (3)    Any daily user fee collected in the administration of electronic alcohol monitoring device testing shall be deposited in the 24/7 sobriety fund created by § 1-11-18; and
             (4)    The Department of Corrections or the Unified Judicial System may collect an installation fee and a deactivation fee in their administration of electronic alcohol monitoring device testing. These fees shall be deposited into the state general fund.
An Act to revise certain provisions regarding the 24/7 sobriety program.

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I certify that the attached Act originated in the

HOUSE as Bill No. 1065

____________________________
Chief Clerk
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____________________________
Speaker of the House

Attest:

____________________________
Chief Clerk

____________________________
President of the Senate

Attest:

____________________________
Secretary of the Senate

House Bill No. 1065
File No. ____
Chapter No. ______  
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Received at this Executive Office this _____ day of _____________ ,

20____ at ____________ M.


By _________________________
for the Governor
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The attached Act is hereby approved this ________ day of ______________ , A.D., 20___

____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________ , 20___
at _________ o'clock __ M.

____________________________
Secretary of State

By _________________________
Asst. Secretary of State