Release: Attorney General Jackley’s 2018 Legislative Package 

Attorney General Jackley’s 2018 Legislative Package 

PIERRE, S.D. – Attorney General Marty Jackley announces that the Attorney General’s proposed legislative package for 2018 will include a request that our Legislature consider and enact the following:

1.    Increase penitentiary sentences for distribution and manufacture of methamphetamine

“America is living a methamphetamine epidemic that is affecting South Dakota and hurting our families and communities. Almost all the meth distributed into our communities is being manufactured outside the state. It is time to send a message to anyone distributing meth to our communities and children that they will face significant penalties that include enhanced sentences and mandatory penitentiary time.”

Most Sheriffs, Chiefs of Police and State’s Attorneys will confirm that a significant majority of crimes committed in our state involve addiction and drug abuse in some form. Increased meth arrests in our state demonstrate we are continuously fighting the effects of this national meth epidemic.

It is important that South Dakota continue to fight back with strong prevention programs, treatment programs, and enforcement against those distributing drugs in our state.

Prevention:     In the fall of 2016, the Attorney General’s Office, along with our law enforcement partners, sponsored the  statewide  methamphetamine  awareness campaign found at www.nomethever.com. In May of 2017, Project Stand Up to drugs was launched by the Attorney General’s Office, Sanford Health, South Dakota Sheriff’s Association, South Dakota Police Chief’s Association and the South Dakota Department of Public Safety. Project Stand Up is a coordinated effort to stand up to illegal drug use in South Dakota with the anonymous texting tip line – Text “Drugs” to 82257.

Treatment:    The Attorney General’s Office, its law enforcement partners and the judicial system have and will continue to actively support and create Drug Courts, Hope Courts, and Veterans Courts that focus on treating addiction for users (not distributors or manufacturers) of illegal drugs. In addition, South Dakota’s 24/7 Sobriety Program under the Attorney General and run by our Sheriff’s Departments continues to be a successful monitoring program with drug testing and oversight components.

Enforcement:   In 2012, the Attorney General’s Office sponsored SB 41 which made the sale of a main ingredient used in the manufacture of methamphetamine, pseudoephedrine, electronic. This legislation allowed for the beginning of a more searchable and useful database of pseudoephedrine sales that has successfully reduced the availability of pseudoephedrine for the manufacture of methamphetamine in South Dakota.

Unfortunately, drug users have turned to trafficking drugs primarily from our nation’s southern border. In July of 2014, as the Chairman of the Conference of Western Attorneys General, Attorney General Jackley entered into the Attorneys General agreement with the United Mexican States in combatting drug crimes, weapons trafficking and human trafficking. It remains Attorney General Jackley’s hope that in light of the national meth epidemic, our federal partners will further assist with the Conference of Western Attorneys General and the United Mexican States in this important effort to stop drug trafficking into our states.

New Legislation: The new legislative proposal focuses on the distribution and manufacture of meth and includes the following:

  • Increases the penalty for the distribution and manufacturing of methamphetamine to a Class 3 felony, which carries a maximum penalty of 15 years imprisonment and a fine of $30,000. Current law is a Class 4 felony (10 years/$20,000).
  • Enhances the distribution and manufacture of methamphetamine if the person possesses certain triggering items including cash, firearms, and items associated with the trafficking of drugs to a Class 2 felony, which carries a maximum penalty of 25 years imprisonment and a fine of $50,000. Current law is a Class 3 felony (15 years/$30,000)
  • Enhances the distribution of methamphetamine to a minor to a Class 1 felony that carries a maximum penalty of 50 years imprisonment and a fine of  $50,000. Current law is a Class 2 felony (25 years/$50,000)
  • Provides for a mandatory state penitentiary sentence for the distribution and manufacture of methamphetamine to include: 1 year for a first conviction; 10 years for a second or subsequent conviction; 5 years for the first conviction of distribution to a minor; and 15 years for a second or subsequent conviction of the distribution of methamphetamine to a minor. Current law provides for mandatory sentences that are rarely applied.
  • A court may only go below the mandatory sentence if the court makes written findings that a defendant meets the following criteria that is modeled after the federal safety valve drug abuse law:
  1. the defendant does not have a prior violent felony as defined by 22-1-2(9);
  2. the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense;
  3. the offense did not result in death or serious bodily injury to any person;
  4. the defendant was not an organizer, leader, manager, or supervisor of others in the offense; and
  5. not later than the time of the sentencing hearing, the defendant has truthfully provided to the State all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the State is already aware of the information shall not preclude a determination by the court that the defendant has complied with this

2.    Enhance penalties for persons who distribute and manufacture controlled substances when a person dies as a result of using that substance 

“The manufacture and distribution of illegal drugs creates both a public health and safety concern.  Anyone who manufactures and distributes illegal drugs that result in   a death should be held accountable.”

In 2016, South Dakota families and communities experienced 51 accidental overdose deaths.

Under the proposed legislation, any person who intentionally and unlawfully  distributes or manufacturers a controlled substance and another  person  dies  as  a result of using that substance, shall have their sentence of the principal felony  enhanced by two levels. By way of example, if the person is found guilty of unlawful distribution of methamphetamine under current law, it would be a Class 4 felony with  a maximum punishment of up to 10 years. If the recipient of the methamphetamine dies, it would be increased two levels to a Class 2 felony punishable up to 25 years.

3.    An Act to Require the Reporting of Data Breaches of Personal Information to Consumers and to the Attorney General 

“Data breaches such as occurred with Equifax and Target have affected thousands of South Dakotans’ financial security and personal information. South Dakota needs a fair reporting law which is not burdensome and requires consumers to be informed of the loss of their personal information. This equips them to make informed decisions about their financial security and to assist law enforcement in its investigation of  major data breaches.”

Under the proposed legislation, upon discovery of a breach of a system security, the information holder must disclose the breach to any resident of South Dakota whose personal or protected information was acquired by an unauthorized person within 45 days of that discovery. Furthermore, if that breach of the security system exceeds 250 South Dakota residents, the Attorney General must also be informed within 45 days.

The notice by the information holder may be by written notice, electronic notice, or substitute notice.  A failure to comply with the notice requirement would be a  Deceptive Act under existing South Dakota law (§37-24-6) for purposes of criminal and civil enforcement. The Attorney General may also bring an action to recover civil damages of not more than $10,000 per day per violation.

4.    An Act to Strengthen Human Trafficking Laws

“It is important that we protect our children with both strong human trafficking prevention laws and cooperative law enforcement operations that focus on removing sexual predators from our streets. The proposal is intended to strengthen and support  the law enforcement undercover operations that are focusing on removing sexual predators from our streets before a young child is victimized and trafficked.”

South Dakota law currently makes first degree human trafficking a Class 2 felony punishable by up to 25 years imprisonment and a fine of $50,000. This proposed legislation will further strengthen our human trafficking laws that apply to minors by making an attempt to commit a violation of first degree human trafficking where the victim is a minor punishable in the same manner as if it was carried through. Table II below shows that South Dakota law enforcement have completed the following successful operations to date:

5. An Act to Improve South Dakota’s Sex Offender Registry 

“South Dakota’s Sex Offender Registry exceeds national standards, partners with our Reservation communities, and protects our children. South Dakota was the fourth registry in the nation to be certified and has a compliance rate of 98.5 percent with 3,616 registered sex offenders. The proposal both clarifies the requirements for sex offender registration and provides enhancement for habitual registration violations.”

In 2010, the South Dakota Legislature worked with law enforcement to revise and strengthen South Dakota’s Sex Offender Registry.  Under South Dakota law, any  person convicted of a listed sex crime is required to register as a sex offender. The proposed amendment seeks to continue to strengthen South Dakota’s Registry and   keep South Dakota compliant with federal requirements and certification. The amendment clarifies the requirements for sex offenders to register. This includes more clearly defining a “community safety zone” and “school” for registration purposes. It further provides an enhancement for those sex offenders that are convicted of their second and subsequent violations to become a Class 5 felony punishable by a  maximum of 5 years imprisonment and a fine of $10,000.

-30-

38 Replies to “Release: Attorney General Jackley’s 2018 Legislative Package ”

    1. KM

      I wish my friend would’ve done something about her drug problem 20yrs ago. She made choices and those free-will choices led to her death, even after tax-payer funded rehab. Put responsibility where it lies, people make their own choices.

      “Unfortunately, drug users have turned to trafficking drugs primarily from our nation’s southern border.”

      One solution….Build the Wall.

            1. KM

              We are talking about illegal aliens.

              You don’t care the Mexican drug cartel has made their appearance on SD reservations? You don’t care about Native children?

              Or how about all the sex and human trafficking that is taking place? Illegal aliens are major players.

              Or how about the ranchers along the border being killed and their homes vandalized? Or how about our border security getting their heads crushed in with rocks by illegals?

              You must support MS-13? Why?

              Americans First. Build the Wall. We love immigration…legal immigration and along with that…assimilation.

              1. Anonymous

                Ike doesn’t care about the sovereignty of our nation. Let everybody in, America isn’t worth saving anyway, according to Ike. To paraphrase Ron White, you can’t fix liberal.

            2. Anonymous

              Nice try, but your little link doesn’t address the illegal actions of many folks. Maybe if liberals wouldn’t be so fond of welfare and would tell able-bodied American citizens to take those jobs that are “beneath them” we could forgo illegal workers.

              1. Ike

                Yes, I’m sure an unemployed guy in New York has the resources to just trot off to California’s central valley, find a place to live and work for a month harvesting strawberries, return home, and shower his family with all the loot he made for $12/hr.

        1. Anonymous

          Build the Wall! It would help. I know that liberals are all about giving up our sovereignty and those pesky borders, but I would like to maintain borders.

          Do you have any bright ideas, Ike?

          Didn’t think so.

  1. Troy Jones

    Ike, I’m sure your meme was just to be funny but I found it offensive.

    The inference your meme makes is we should tolerate illegal immigration because we get food essentially reduces these people to a form of pack animal easily exploited by unscrupulous employers.

    The two easiest exploitations to get away with:

    1) Rob a criminal. Are they going to call the police?
    2) Abuse an illegal immigrant. Are they going to call the police? Heck, you can even abuse the friends and family of illegal immigrants because they won’t call the police for fear you’ll get their friends and family deported.

    1. Ike

      Good. It was meant to be offensive. Some studies have shown that as much as 25% of US farm labor is made up of undocumented workers – UC Davis estimates that over 50% of California’s farm workers are here illegally. The funny part is that California farmers overwhelmingly voted for Trump – talk about making your own bed. I agree that labor exploitation is no joke – food scarcity that arrises when lettuce rots in the field is no joke either. No stupid wall is going to stem demand for cheap labor on THIS side of the border. Figure that out, and you won’t need a $22 billion fence.

      1. KM

        Migrant workers are not undocumented. Doesn’t CA have an enormous homeless problem, maybe they could do the work so lettuce won’t rot in fields. Are you really that concerned about rotting lettuce? Illegal aliens are getting rich, they aren’t paying taxes. Construction and housekeeping is big busy for illegals. They are reaping benefits Americans should receive: free food (SNAP), free health care, free education. Are you in favor of E-verify?

        In Iowa, illegal meat packaging plant workers are caught using stolen SS numbers, then sent back to their home and within weeks return with a new name and SS number. Stealing SS numbers is okay with you? Stealing jobs from Americans is okay with you?

        In 2017, in one Texas county alone, 52 illegals were found dead trying to bypass a checkpoint. If there was a wall, human traffickers wouldn’t have the opportunity to leave humans to die in the back of trucks because they would know there isn’t chance to get through.

        Want to come to America and be an American, use the big beautiful door all the others that wait their turn use. Stop using your feelings to decide what facts should and shouldn’t be considered.

        1. Ike

          It’s estimated that 25-33% of the homeless have a severe mental illness. What could possibly go wrong if we let them pick our avacados?

          1. KM

            What about the other 75%? They’re not able to work?

            And, according to Melissa Mentele, many people who are addicted to drugs a hardworking individuals.

            1. Ike

              Believe it or not, something like 40% of homeless people have jobs. Minimum wage jobs ain’t gonna get you a 3 bedroom ranch in Merced. Around 30% of the homeless are over age 50; 25% are children. Of the roughly half million homeless in the US, about 10% live in California. Start putting these statistics together and tell us again about your awesome plan to force the homeless to pick radicchio.

              1. KM

                Stay on track…illegal aliens.

                Are illegal aliens forced to pick radicchio?
                Never said anything about being forced. American tax payers are being forced to provide for anchor babies and their law-breaking parents.

                1. Ike

                  …and yet, people will do anything to feed their kids. Some guy from Guatemala picking produce for 3 months at minimum wage can feed his family back home for the rest of the year. But go on, tell me again about how the homeless children, the homeless suffering from mental illness, and the homeless elderly should be able to pick cabbage 12 hours a day in the hot sun no problem.

                  1. KM

                    They can do it in their home land. Doesn’t Venezuela provide food to their citizens? They can stand in a line and wait. I’ve also heard they prostitute their children out for food too.

                    Isn’t socialism what you Lefties want?

                    1. Ike

                      I don’t think you can even get toilet paper in Venezuela right now (unless you’re an army officer). Maduro ain’t what I’d so much as call a socialist as I would an autocrat… but spin it however lets you sleep at night.

  2. Anonymous

    He has been AG for two terms and now he decides to do something about meth? Where has he been? Under a rock? This is nothing more than a cynical political con game. Hopefully people will see through his game and react accordingly.

    1. Food for thought.

      AG Jackley has brought drug related law changes for more than half the years he has been in office, including increased sentencing, overdose lifesaving measures, electronic monitoring of prescription abuse, etc…
      Remember, meth isn’t being made in SD to any meaningful measure. It’s coming from Mexico and the boarder states. The AG has no ability to pass laws that secure our boarders. You know who does? Congress, and where have they been on fixing the problem. Jackley has had to deal with an issue that a strong Congress could have stopped at the boarder.

      1. KM

        Comments like 9:34 projects are ignorant, uneducated and very easy to call out, much like you just did.

        And, no worries about errors, no spelling Nazis here;)

            1. Ike

              …says the guy who thinks forcing the homeless to pick radishes for minimum wage is a good idea.

              1. KM

                You do know you can be fined and jailed in CA for using the wrong gender pronouns?

                I think I’m going to report you. I don’t identify as a *guy*.

                1. Ike

                  Unless you are a transgender resident of a nursing home, and the pronoun usage was willful and deliberate, and unless it caused you physical harm or endangered your life, and i had been repeatedly warned of your favored pronoun, i wouldnt even get a fine, dude. But go on listening to pat roberts how they jail folks in cali for pronoun assumptions, man.

      2. Anonymous

        He should have opposed SB 70. That is a big issue on this problem and might be one reason Ravnsborg got Sheriff support over McGuigan.

  3. KM

    Ike – Terrible job debating. Take some time to research the topics you want to discuss and then stay focused on the point you want to make. As a Leftist, you must learn how to manipulate the narrative better, you’re very scattered.

    Let me help get you started: instead of saying undocumented workers, say minority people. Oh, and calling people Nazi, racist, bigot and even sexist just because they disagree with you is weak. Name-calling doesn’t mean much to people who don’t care what you think of them.

    I on the other hand will speak the truth…illegal aliens and anchor babies need to go back and make their countries great again. If they want to return, great, we love legal immigration and assimilation.

    MAGA!! Americans First.

    1. Ike

      Oh, we’re debating? Huh. I sorta was under the impression that you kept introducing subjects (homeless, nazis, gender pronouns, et. al.) to obfuscate and otherwise muddy the waters so that no substanative discussion could take place. I was merely following your lead. Apologies for not meeting your internet expectations.

  4. Troy Jones

    Ike,

    While 40-45% of the homeless worked for pay in the prior month, the average monthly earned income of a homeless person is under $350.

    The reality is very few of them are employed full-time, work regular hours with the same employer. Let’s not delude ourselves that the homeless are like most people except they don’t have a home. They have unique, acute and often debilitating challenges which don’t go away if they had stable shelter.

    1. Ike

      Yah, bro. That was sort of the point that busing the homeless to Modesto to pick tomatoes is the stupidest thing I’ve heard all year.