South Dakota House panel endorses bill to bar jail time for inability to pay sobriety program fees

The bill aims to align state law with Supreme Court precedent that prohibits jailing people solely due to poverty.

Published on Feb. 10, 2026

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A South Dakota House of Representatives panel unanimously endorsed a bill that would bar the practice of jailing people who can't afford to pay sobriety program fees. The 24-7 sobriety program allows those charged with alcohol- or drug-related offenses to leave jail as they await trial, on the condition they submit to and pay for frequent testing to prove their sobriety. The bill specifies that defendants cannot be jailed or have their bond or pre-trial release revoked for failure to pay program costs, unless the court finds they have the present and continued ability to pay.

Why it matters

This bill aims to address the unconstitutional practice of jailing people for debt, which the U.S. Supreme Court has ruled against. Last year, a group of participants in the 24-7 sobriety program sued Pennington County, South Dakota over being jailed for their inability to pay program fees, leading to a settlement agreement that bars the county from jailing people for nonpayment. This new bill would codify that settlement agreement into state law.

The details

The bill, House Bill 1176, was introduced by Rep. Peri Pourier, a Rapid City Republican, after reading a news story about the Pennington County settlement. The bill specifies that a judge must hold a hearing to determine if a participant has the means to pay program fees and willfully refused to do so before jailing them for nonpayment. The unpaid fees could then be logged for payment at a later date. The House Judiciary Committee unanimously endorsed the bill, with some members who had previously opposed similar legislation now supporting it, citing the court cases and settlement that have changed how the 24-7 sobriety program operates in the state.

  • In 2022, a similar bill to bar detainment for inability to pay cleared the House and Senate Judiciary Committee but failed by one vote in the Senate.
  • In December 2025, the former state attorney general who pioneered the 24-7 program told South Dakota Searchlight that he always instructed sheriffs not to incarcerate participants for failure to pay, based on constitutional concerns.
  • In 2025, a group of 24-7 sobriety program participants settled a lawsuit with Pennington County, which agreed to pay damages and bar the jailing of people for nonpayment.

The players

Peri Pourier

A Rapid City Republican state representative who introduced the bill after reading a news story about the Pennington County settlement.

Ricky Lee Lookingback

The primary defendant in the lawsuit against Pennington County over the jailing of 24-7 sobriety program participants for nonpayment.

South Dakota Network Against Family Violence and Sexual Assault

A lobbying group that testified in support of the bill.

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What they’re saying

“I think these court cases have significantly changed the way that the 24-7 program operates in the state of South Dakota. I guess this will just put into statute what the state is already doing now, after these court decisions.”

— Mary Fitzgerald, State Representative (South Dakota Searchlight)

“I didn't hear the attorney general in here saying, 'No, no, you're reading it wrong, this is going to let people walk easier.' I didn't hear the state's attorneys in here saying, 'don't do this,' and I didn't hear the sheriffs in here saying, 'don't do this,'”

— Will Mortenson, State Representative (South Dakota Searchlight)

What’s next

The bill will now move to the full House of Representatives for a vote, where it is expected to pass and be sent to the state Senate.

The takeaway

This bill represents an important step in aligning South Dakota's laws with Supreme Court precedent that prohibits jailing people solely due to their inability to pay. It aims to address the unconstitutional practice of jailing 24-7 sobriety program participants for nonpayment, which a recent lawsuit settlement has already barred in one county.