2:06:01:01.  Definitions for 24/7 Sobriety Program. Terms used in this article mean:

 

          (1)  "Drug patch," any type of device that is affixed to a person's skin and tests for the presence of marijuana or controlled substances in the person's body;

 

          (2)  "Electronic alcohol monitoring device," any electronic instrument that is attached to a person and is capable of determining and monitoring the presence of alcohol in a person's body. The term, electronic alcohol monitoring device, includes any associated equipment a participant needs in order for the device to properly perform;

 

          (3)  "Ignition interlock device," an instrument that is attached to a motor vehicle's ignition system in which a participant submits to a breath test that detects the presence of alcohol in the participant's body, provides simultaneous testing and photo confirmation information to the participating agency, and does not permit the starting and continued operation of the participant's vehicle if test detects alcohol;

 

          (3A)  "Mobile breath alcohol testing device," any mobile breath alcohol testing device capable of determining the presence of alcohol in a participant's body that is capable of scheduled, random, and on-demand tests. The device must provide immediate testing results, a GPS reading, and facial recognition confirmation to the participating agency;

 

          (4)  "Participant," a person who has been ordered by a court or directed by the Board of Pardons and Parole, Department of Corrections, or any parole agent to participate in the 24/7 Sobriety Program. The term, participant, also includes a person who, as a condition of receiving a work permit, is directed by the Department of Public Safety to participate in the 24/7 Sobriety Program;

 

          (5)  "Participating agency," a sheriff's office or a designated entity named by a sheriff that has agreed to participate in the 24/7 Sobriety Program by enrolling participants, administering one or more of the tests, and submitting reports to the Attorney General;

 

          (6)  "Participation agreement," a written document executed by a participant agreeing to participate in the 24/7 Sobriety Program in a form approved by the Attorney General that contains the following information:

 

               (a)  The type, frequency, and time period of testing;

               (b)  The location of testing;

               (c)  The fees and payment procedures required for testing; and

               (d)  The responsibilities and obligations of the participant under the 24/7 Sobriety Program;

 

          (7)  "24/7 Sobriety Program," a twenty-four hour and seven day a week sobriety program in which a participant submits to the testing of the participant's blood, breath, urine, or other bodily substances in order to determine the presence of alcohol, marijuana, or any controlled substance in the participant's body;

 

          (8)  "Twice-a-day testing," the 24/7 Sobriety Program test in which a participant submits to a breath test that detects the presence of alcohol in the participant's body and is performed at least twice daily with testing times approximately twelve hours apart.

 

          Source: 33 SDR 226, effective July 1, 2007; 37 SDR 236, effective July 1, 2011; SL 2017, ch 3, § 7, effective July 1, 2017.

          General Authority: SDCL 1-11-24.

          Law Implemented: SDCL 1-11-17, 1-11-19, 32-23-23.