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State of South Dakota
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NINETY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2017 |
| 428Y0046 | HOUSE JUDICIARY ENGROSSED NO. HB 1001 - 2/22/2017 |
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Introduced by: Representatives Johns, Haggar, and Hawley and Senators Cammack, Bolin,
Sutton, and White at the request of the Executive Board of the Legislative
Research Council
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FOR AN ACT 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
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
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:
Section 2. That § 2-1-20 be amended to read:
2-1-20. A cost estimate pursuant to § 2-1-19 shall include
(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.
Section 3. The Code Counsel shall transfer §§ 2-1-19 and 2-1-20 to chapter 2-9.
