South Dakota senators on Thursday approved Attorney General Marty Jackley’s proposal to toughen penalties for drug crimes committed inside state correctional facilities.
The measure, Senate Bill 42, passed on a 26–7 vote, with two senators excused. The bill increases penalties for ingestion, possession, possession with intent to deliver, and delivery of controlled substances within prisons.
Jackley said the change is necessary after a troubling rise in drug‑related incidents behind bars.
“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.”
With Thursday’s vote, all 10 of the Attorney General’s legislative bills have now cleared the Senate and move next to the House for consideration.







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