Drug Court FAQ
Sioux Falls, South Dakota
What is South Dakota Drug Court?
Drug Court is a program focused on rehabilitation and treatment instead of punishment and penitentiary sentences for eligible candidates. The program was designed to provide an alternative to a penitentiary sentence for repeat felony drug offenders. Drug Court focuses on extended treatment and very intense supervision with frequent group meetings to help facilitate and increase the defendant’s long-term chances of recovery and sustained sobriety. Not all individuals are eligible to participate in the Drug Court program.
To participate in Drug Court, the State’s Attorney’s Office must first consent to a defendant’s participation in the program. If the State consents, the defendant must then be approved by the Drug Court committee before starting the program. If a defendant successfully completes the Drug Court program, they will still have a conviction for a felony drug offense but will have avoided the penitentiary sentence that very likely would have been imposed without Drug Court. If the defendant is unsuccessfully discharged from Drug Court, they must then appear in front of the Court and will almost certainly be sentenced to penitentiary time.
Drug Court is not available in all jurisdictions, but there are a growing number of communities in South Dakota where the program is available. Drug Court programs are currently available in, but not limited to, Sioux Falls, Brookings, and Yankton. (See the South Dakota Unified Judicial System Drug Court page and the SD Legal Self-Help Drug Court page).