2017 Session Laws

CHAPTER 17

(HB 1001)

Prison or jail impact statements, requirements changed.


        ENTITLED, An Act to revise certain provisions regarding prison or jail population cost estimates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 2-1-19 be amended to read:

    2-1-19. A prison or jail population cost estimate shall be attached to any bill, or amendment, or measure proposed by ballot initiative except misdemeanor penalties, that may impact the state prison or county jail population. A prison or jail population cost estimate shall be attached to any measure proposed by ballot initiative, except Class 2 misdemeanor penalties, that may impact the state prison or county jail population. A prison or jail population cost estimate shall be prepared for a bill or amendment with a Class 1 misdemeanor penalty only upon a request authorized by the rules of the Legislature. The requirement for a cost estimate includes each bill or, amendment, or ballot initiative that meets the penalty requirements of this section and that increases the period of imprisonment authorized for an existing crime, that adds a new crime for which imprisonment is authorized, that imposes a minimum or mandatory minimum term of imprisonment, or that modifies any law governing release of a prisoner from imprisonment or supervision.

    The sponsor of the legislation, amendment, or ballot initiative shall request and allow sufficient time to prepare a cost estimate from the Bureau of Finance and Management or the Legislative Research Council. The cost estimate shall be completed for a bill or amendment before the bill or amendment is considered by any standing committee of the Legislature. Any ballot initiative shall have a cost estimate attached to the Attorney General's statement required pursuant to § 12-13-9 or 12-13-25.1.

    Section 2. That § 2-1-20 be amended to read:

    2-1-20. A cost estimate pursuant to § 2-1-19 shall include the following:

            (1)    An analysis of the specific components of the bill or the ballot initiative that will impact the prison and jail population;

            (2)    The projected cost of the impact of the bill on the state prison system and the aggregate cost to county jails on an annual basis and cost of the bill over a ten year period; and

            (3)    Operational costs and capital costs including all manner of construction.

    Section 3. The Code Counsel shall transfer §§ 2-1-19 and 2-1-20 to chapter 2-9.

     Signed March 10, 2017
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