1-11-25. Distribution of 24/7 sobriety program fees.
Any fees collected under §§1-11-17 to 1-11-25, inclusive, shall be distributed as follows:
(1)Any daily user fee collected in the administration of twice-a-day testing, drug patch testing, or urinalysis testing under the 24/7 sobriety program shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county. The proceeds shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance;
(2)Any installation fee and deactivation fee collected in the administration of electronic alcohol monitoring device testing or mobile breath alcohol testing shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county. The proceeds shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance;
(3)Any daily user fee collected in the administration of electronic alcohol monitoring device testing or mobile breath alcohol testing, arising from a court ordered placement in the 24/7 sobriety program, shall be collected by the sheriff, or an entity designated by the sheriff, and deposited in the state 24/7 sobriety fund created by §1-11-18. If the test is directed by the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, the fees shall be collected and deposited as provided in the written directive;
(4)The Department of Corrections or the Unified Judicial System may collect an installation fee and a deactivation fee for the administration of electronic alcohol monitoring device testing and mobile breath alcohol testing. These fees shall be deposited into the state general fund;
(5)Any enrollment and monitoring fee collected in the administration of ignition interlock device testing shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county. The proceeds shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance; and
(6)Any participation fee collected in the administration of testing under the 24/7 sobriety program to cover program administration costs incurred by the Office of the Attorney General shall be collected by the sheriff, or an entity designated by the sheriff, and deposited in the state 24/7 sobriety fund created by §1-11-18.
Source: SL 2007, ch 4, §9; SL 2008, ch 5, §2; SL 2010, ch 5, §1; SL 2011, ch 4, §2; SL 2014, ch 6, §1; SL 2017, ch 3, §3.
Structure South Dakota Codified Laws
Title 1 - State Affairs and Government
Section 1-11-1 - General duties of attorney general.
Section 1-11-1.1 - License required--Full-time--Private practice.
Section 1-11-3 - Traveling expenses.
Section 1-11-4 - Assistant attorneys general--Appointment and compensation--Powers--Oath.
Section 1-11-4.1 - Division of Consumer Affairs created--Appointment of director.
Section 1-11-4.2 - Consumer and commercial affairs functions of attorney general.
Section 1-11-5 - Special assistants--Appointment and powers.
Section 1-11-6 - Register of actions prosecuted and defended--Proper books.
Section 1-11-6.1 - Antitrust special revenue fund created--Receipts.
Section 1-11-6.2 - Release of funds in special revenue fund.
Section 1-11-6.3 - Deposits into and disbursements from special revenue fund.
Section 1-11-7 - Investigations by attorney general--Authority and duty.
Section 1-11-8 - Request for Governor's consent to investigation--Denial.
Section 1-11-9 - Record of investigation.
Section 1-11-10 - Powers of attorney general in investigations.
Section 1-11-11 - Expense of investigations.
Section 1-11-12 - Annual report to Governor.
Section 1-11-13 - Costs of providing information--Reimbursement of attorney general.
Section 1-11-15 - Consolidation of legal services in state government.
Section 1-11-17 - Statewide 24/7 sobriety program established.
Section 1-11-18 - Establishment of 24/7 sobriety fund.
Section 1-11-19 - Participation in 24/7 sobriety program--Testing locations and times.
Section 1-11-20 - Program participation as condition of bond or pre-trial release.
Section 1-11-21 - Program participation as condition of suspended sentence or probation.
Section 1-11-22 - Program participation as condition of child placement or return.
Section 1-11-23 - Program participation as condition of parole.
Section 1-11-24 - Promulgation of rules.
Section 1-11-25 - Distribution of 24/7 sobriety program fees.
Section 1-11-25.1 - Remittance of fees collected for 24/7 sobriety fund.
Section 1-11-26 - Fee for twice-a-day testing.
Section 1-11-27 - Fee for urinalysis testing.
Section 1-11-28 - Fee for drug patch.
Section 1-11-29 - Fee for electronic alcohol monitoring device or mobile breath alcohol testing.
Section 1-11-30 - Fee for ignition interlock device.
Section 1-11-31 - Time for payment of fees.
Section 1-11-32 - 24/7 sobriety program participation fee.
Section 1-11-33 - Annual review of 24/7 sobriety program fees and collection procedures.