If you are in South Dakota’s Honest Opportunity Probation Enforcement (HOPE) program, skipping a mandatory call-in can lead to jail. As courts expand HOPE to misdemeanor cases, understanding your legal options early can help you respond to an alleged violation.
Consequences of a missed call-in
HOPE requires you to call a designated phone line daily to learn whether you must report for a random urine screen. Without that check-in, you could fail to appear for a test you did not know about, which can result in your arrest.
You may remain in custody until your hearing, where the judge decides whether you broke a program rule. HOPE calls for swift, certain and proportional sanctions, typically a short jail stay while your probation continues. Repeated violations can increase the time you serve.
HOPE’s expansion to misdemeanor cases
A 2025 law reduced first and second offenses for unlawful ingestion of controlled substances from felonies to misdemeanors. Under HOPE supervision, your obligations include the following:
- Calling the program hotline each day
- Reporting for testing when selected
- Avoiding unauthorized use of controlled substances
HOPE may be especially useful in rural counties where drug courts and 24/7 sobriety monitoring are scarce. For a first or second unlawful-ingestion offense, the law requires a drug and alcohol evaluation. Additional treatment requirements depend on the offense and court order.
Ways to protect your probation
If you miss a call-in, contact your probation officer as soon as you notice the lapse. Retaining a record of that communication helps demonstrate your effort to comply.
At a violation hearing, your attorney can raise a legitimate excuse, such as a medical emergency, backed by documents. The judge considers that evidence when deciding whether you broke a rule and what penalty is appropriate.
You may also petition the court to modify a reporting condition that conflicts with your job. A change requires a hearing and good cause, and you must follow the existing terms until the judge approves it.