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AG Jackley’s Bill Enhancing Penalties for Controlled Substances in Prisons Passes Senate

January 29, 2026

Attorney General Marty Jackley’s bill to strengthen penalties for the use, possession, and distribution of controlled substances in South Dakota correctional facilities has passed the Senate. Senate Bill 42 was approved by a 26-7 vote, with two senators excused.

“I investigated eight inmate overdose deaths in South Dakota prisons during 2025, and we have charged several defendants for delivering controlled substances into our correctional facilities,” Jackley said. “We must strengthen penalties for anyone—whether private citizens, correctional staff, or inmates—who smuggle these dangerous drugs into our prisons, putting both staff and inmates at risk.”

The bill increases penalties for ingestion, possession, possession with intent to deliver, and delivery of controlled substances within state correctional facilities, aiming to curb the flow of dangerous drugs into prisons and protect both staff and inmates.

With Senate approval, all 10 of Jackley’s legislative bills have now passed the Senate and have been sent to the House for further consideration.

By DNU Staff

Filed Under: Politics

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