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Bill

HB 1012

revise and repeal provisions allowing probation for contempt of a custody or visitation decree.

2026 Regular Session

South Dakota bill eliminates probation as sentencing option for contempt of custody/visitation violations, restricting judicial discretion and potentially increasing incarceration.

Signed by the Governor on 2026-03-03 H.J. 480
#childcustody #domesticrelations #executive/judiciaryrequest #probation
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Bill Summary · HB 1012

Legislative bill overview

HB 1012 removes probation as a sentencing option for individuals found in contempt of court for violating custody or visitation orders in South Dakota. Instead of allowing judges to sentence violators to probation, the bill restricts sentencing to other penalties while maintaining the contempt charge itself.

Why is this important

This change affects how courts enforce family law orders. Parents or guardians who violate custody agreements currently may receive probation; eliminating this option makes consequences more severe and removes judicial discretion in determining appropriate punishment for non-compliance with custody arrangements.

Potential points of contention

  • Disproportionate impact on low-income parents: Removing probation options may disproportionately harm parents unable to afford alternative penalties, potentially leading to incarceration rather than rehabilitative measures
  • Reduced judicial flexibility: Judges lose discretion to tailor sentences based on individual circumstances, violation severity, or first-time versus repeat offenses
  • Enforcement concerns: Stricter penalties may not increase compliance with custody orders and could worsen family conflict or incentivize parents to avoid the court system altogether

Compiled from official sources — confirm details with the bill’s official record.

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