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 prohibiting jailing people solely due to poverty.

Published on Feb. 9, 2026

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A bill that would prohibit jailing people who cannot afford to pay fees for a South Dakota sobriety program sailed through a state House of Representatives panel on Monday. The 24-7 sobriety program allows those charged with alcohol- or drug-related offenses to avoid jail while awaiting trial, but some participants have been incarcerated for failing to pay program fees. The new bill would require judges to hold a hearing to determine if a participant has the means to pay before jailing them for nonpayment.

Why it matters

This bill addresses concerns that jailing people for nonpayment of sobriety program fees violates constitutional protections against imprisoning the indigent. A recent federal lawsuit settlement in Pennington County required changes to the program to prevent such practices, and this legislation aims to codify those reforms statewide.

The details

House Bill 1176 specifies that "no defendant may be jailed, nor a defendant's bond or pre-trial release revoked, for failure to pay the costs and expenses of the program, unless the court finds the defendant has the present and continued ability to pay." In practice, this would require judges to hold a hearing to determine if a participant has the means to pay program fees before jailing them for nonpayment. Any unpaid fees could then be logged for payment at a later date.

  • The House Judiciary Committee endorsed the bill on Monday, February 10, 2026.
  • A similar bill passed the House and Senate Judiciary Committee in 2022 but failed by one vote in the full Senate.

The players

Rep. Peri Pourier

The Rapid City Republican introduced the bill, inspired by a South Dakota Searchlight story on a federal lawsuit settlement over the jailing of sobriety program participants for nonpayment.

Ricky Lee Lookingback

The primary defendant in the federal lawsuit against Pennington County, who received $10,000 in damages as part of the settlement.

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What they’re saying

“I took the bill that went through in 2022 and introduced it' with some final revisions from the state's Legislative Research Council.”

— Rep. Peri Pourier (South Dakota Searchlight)

“I guess this will just put into statute what the state is already doing now, after these court decisions.”

— Rep. Mary Fitzgerald (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,'”

— Rep. Will Mortenson (South Dakota Searchlight)

What’s next

The bill now moves to the full South Dakota House of Representatives, where it is expected to be approved and sent to the state Senate.

The takeaway

This legislation aims to bring South Dakota's 24-7 sobriety program in line with constitutional protections against jailing people solely due to their inability to pay, addressing concerns raised in a recent federal lawsuit settlement.