South Dakota’s treatment courts cost roughly one-quarter as much per participant as a year in state prison, according to a new statewide report reviewed this week by the Drug Court Advisory Council. The fiscal 2026 treatment-court report lists a cost of $8,137 per participant, compared with $34,039 for prison.
The comparison is consequential as lawmakers weigh correctional spending, but it is not a direct measure of savings for every case. Treatment courts serve eligible people whose criminal behavior is connected to substance-use or behavioral-health needs; they are not a substitute for incarceration in every prosecution. The report also notes that the two cost figures come from different reporting years, making the gap an indicator rather than a precise budget forecast.
South Dakota operated 17 treatment courts during the year ending June 30. They served 707 participants, admitted 304 new participants and recorded 167 graduates. The programs combine regular judicial review, intensive supervision, drug and alcohol testing, treatment and sanctions or incentives. Teams include judges, prosecutors, defense attorneys, court-services officers, law enforcement and treatment providers.
The statewide network includes drug, driving-under-the-influence, veterans and mental-health court models. Participants generally remain under closer supervision than ordinary probation while receiving structured services intended to address the conditions linked to repeated offending. The model therefore shifts some correctional spending from prison beds toward court staffing, testing and community treatment.
Outcome measures offer a broader view than the cost comparison. The report lists a 59.76% graduation rate and says 71.49% of tracked participants had no recidivism, defined as a new felony conviction within the measured period. It also reports that 88% of drug and alcohol tests were negative. Among successful discharges, employment rose from 42% at entry to 86% at exit.
The latest participation count fell from 759 in fiscal 2025, even as new admissions increased from 286 to 304. South Dakota Searchlight reported that the advisory council reviewed the results Tuesday and that council member Terry Dosch urged officials to share the data with legislators.
The judiciary has made the cost argument before. In its 2026 State of the Judiciary report, the court system said treatment courts cost about $8,000 per participant, compared with $33,656 for incarceration at the time, and credited the programs with reducing repeat justice-system involvement. The state’s fiscal 2025 summary similarly reported a 60% completion rate and emphasized employment, housing and family stability as program benefits.
The new report strengthens the case for treatment courts as a targeted correctional tool, while leaving policymakers with two separate questions: how many eligible defendants the courts can safely serve, and whether the state can maintain consistent standards across local programs. South Dakota’s judiciary says it is expanding data collection, accessibility and statewide review to address those issues.
