State Senate Approves Attorney General Jackley Bill to Enhance Penalties for Use of Controlled Substances in Prisons

FOR IMMEDIATE RELEASE: Thursday, Jan. 29, 2026

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota State Senators Thursday approved Attorney General Marty Jackley’s bill that enhances the penalties for ingestion, possession, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.

Senate Bill 42 was passed by the Senate on a 26-7 vote with two legislators 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,” said Attorney General Jackley. “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 Senate’s approval means all 10 of Attorney General Jackley’s legislative bills have now passed the Senate and have been moved to the House for future deliberations.

A list of the Attorney General’s bills can be found here:

https://atg.sd.gov/OurOffice/Media/pressreleasesdetail.aspx?id=2982#gsc.tab=0

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