A legislative panel is rejecting an idea to reduce the state’s ingestion charge from a felony down to a misdemeanor.
Whether to reduce the charge was driver of starting the committee
South Dakota is the only state in the country where ingestion is a felony.
The committee on Offenses Regarding Controlled Substances met for the final time on Friday. They’re issuing a list of recommendations, including propping up an incentive program for counties to create drug treatment programs as an alternative to prison. Other recommendations include more resources for probation and parole.
The group is also recommending improving processes and procedures for release of inmates
However, the committee will not recommend reducing the state’s ingestion charge.
Democratic State Senator Craig Kennedy is pushing to reduce the penalty. He says the state’s current system has been in place for decades and hasn’t solved the state’s drug crisis, specifically meth.
He wanted lawmakers to consider doing something different.
“I see this as a way that we can try to help people who’ve gotten into the justice system in this way, try to help them remain in their community, remain in their family, remain employed, do all those things that we want to see them do,” Kennedy says.
Kennedy says a felony charge places an additional obstacle in front of prisoners from becoming a part of society.
However, critics of that recommendations worry the change would water down drug laws in South Dakota. Minnehaha County State Attorney Aaron McGowan says the change won’t save the state any money. Lawmakers were hoping to use that savings for other programs.
“I strongly disagree. I think we need to look at other avenues for success,” McGowan says. “I am completely in favor of treatment and other options.”
Other committee members want to see a clearer path on expungement laws to clear records.