PIERRE, S. D. (AP) - A South Dakota senator want to reduce ingesting illegal drugs from a felony to a misdemeanor.
Democratic Sen. Craig Kennedy has filed a bill to change ingestion to a misdemeanor for the first two offenses. But, it would remain a felony for a third conviction with 10 years.
Kennedy says putting people in prison where drug treatment is limited, if available at all, isn’t a good way to deal with those with a chemical dependency.
“You break up families, you end up with children in Social Services’ custody and care and the felony on someone’s record is a scar they’ll carry forever,” he said. “It affects their ability to get employment. It affects their ability to get housing.”
The Argus Leader says the bill also creates an incentive for prosecutors to divert people from the criminal justice system into treatment. He said he modeled his legislation on the state’s juvenile diversion program.
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