PIERRE, S.D. — South Dakota Attorney General Jason Ravsnborg on Friday, Jan. 10, announced his 2020 legislative package that includes a bill that would create a “clearinghouse” of missing persons in the state.
“I want to bring more awareness to the public as we search for people that go missing in our state,” Ravsnborg said in a press release. “Legislation passed in 2019 regarding Murdered, Missing Indigenous Women was a significant step forward. We now need to take the next step so we can more efficiently and effectively use our resources to find all missing South Dakotans."
Senate Bill 27 would require law enforcement agencies to provide information to the clearinghouse in a certain form prescribed by the South Dakota Division of Criminal Investigation.
Under the proposed legislation, the Division of Criminal Investigation would be required to:
Collect, process, maintain and disseminate information about missing persons in this state through a hard copy or electronic means.
Develop training programs for law enforcement agencies concerning the appropriate procedures to report missing person to the clearinghouse.
Maintain an Internet website accessible to law enforcement agencies and to the public with information on missing persons and about the resources available through the clearinghouse. The website may contain information on the missing persons including names, photographs or other images, if available: descriptions of the missing persons, the law enforcement agencies or persons to contact with information regarding missing persons and the names of persons reported missing whose locations have been determined and confirmed.
Maintain a registry of prevention and education materials and programs, regarding missing and runaway minors, through hard copy or electronic means.
Compile statistics relating to the incident of missing persons within this state.
Creating the clearinghouse would not take away the jurisdiction of the law enforcement agency over the missing person case, and it would not automatically involve the DCI as a primary investigatory agency in the case, according to the release.
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Ravnsborg’s legislative package also included two bills aimed at revising presumptive probation.
Senate Bill 6 would revise certain conditions under which presumptive probation may be applied, according to the release.
“Presumptive probation has destroyed any incentive for defendants to work with law enforcement to help eliminate the source of illegal drugs in South Dakota," Ravnsborg said in the press release.
Senate Bill 6 would make failing to cooperate with law enforcement in an ongoing investigation an aggravating circumstance.
Senate Bill 7 would revise the eligibility for presumptive probation.
“Another year has passed with presumptive probation continuing to be a failed program, which has incentivized criminals to continue their illegal conduct with no consequence of deterrence,” Ravsnborg said.
“Similar to a DUI or simple assault, continued legal activity should result in greater consequences to help deter criminal conduct. This bill gives our judges greater discretion and provides the defendant with the forewarning that, should they continue with their destructive behavior, the state can bring more severe punishment.”
The bill establishes a 10-year look back period for an individual who violates in excess of two times within that period and has already received a sentence that includes presumptive probation on previous occasions.
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The 2020 Legislative Session begins Tuesday, Jan. 14.
