By Measures for Justice

South Dakota is currently in a dispute about legalized marijuana use for recreational and medicinal purposes. In this context, it’s worth considering how the state handles criminal cases involving drug and DUI offenses. Measures for Justice (MFJ) recently published county-level criminal justice data for the state of South Dakota that span 2009–2017. A review of our findings suggests that relative to other offenses, South Dakota counties pursue harsher responses to court cases in which the most serious offense was related to drug possession/distribution or driving under the influence (DUI). The pattern can be seen at multiple points in case processing. This report explores these disparate findings using three Measures: dismissal rates, time to disposition, amount of fees and fines. Year by year, we have found that drug and DUI cases (1) are dismissed at a lower rate in most counties, (2) take longer, on average, to dispose of than other case types, and (3) face some of the highest financial obligations at conviction

Rochester, NY: Measures for Justice, 2021. 7p.