Rapid City officials are concerned that the new home of Pennington County's 24/7 sobriety program didn't go through a required use review by the city planning commission before it started operating last week.

People convicted of alcohol-related offenses go to the clinic for daily breath tests in lieu of serving jail time. The program originally operated at the city/county alcohol and drug program's facility, at 725 N. La Crosse St.

But the program outgrew that location and moved March 10 to 230 Quincy St., into space leased from National American University, across Kansas City Street south of the county courthouse complex.

Marcia Elkins, the city's growth management director, said any time a public entity wants to do something with a property, state law requires a planning commission review of the proposed use. That wasn't done in this case, she said.

Elkins said complaints about noise and traffic alerted the city to the situation. She said the county needs to go through the same kind of review that was performed when the county asked to change how it operated its inmate work-release facility north of Rushmore Plaza Civic Center.

Sheriff Don Holloway said he was unaware he needed a review for 24/7 because the program does not change the existing building's commercial zoning designation.

Holloway said the busiest times are usually 5 p.m. to 7 p.m. and 6 a.m. to 8 a.m., as people get tested on their way to or from work. He said he understands concerns about noise and traffic but believes the program's benefits also must be considered.

Since 2005, the statewide 24/7 program has kept thousands of people convicted of alcohol-related offenses out of jail or prison, avoiding additional staffing and facilities. Holloway said about 700 people currently participate in the program locally, with 500 going through twice-daily breath tests.

"We've tried to tell people when they go through they need to keep it quiet, but there's going to be additional traffic. There is a parking lot there for us to use, and I think most people are using it," Holloway said. "But of course, they have to drive to and from that parking lot, as well."

With the additional space, people are moving through the facility more quickly, and Holloway doesn't expect participants will linger after they have had their tests. But there is little he can do about the number of people who are using the program.

"We try to move them as quick as we can," he said. "But the positive side is they're not in jail, and they're trying to get to work or coming from work."

Holloway said he will submit the necessary paperwork in the next few weeks, and he expects it will be heard April 23 by the planning commission. The program will still operate in the meantime.

But even if the planning commission denies the application, the county commission can overturn the city's decision, which the county did concerning the work-release facility.

Mayor Alan Hanks said it is another example of the city's rules not applying to other public entities, and highlights the need for a change in state law.

"We're right back to the same issue with work-release and the same issue as the minimum-security prison from the state," Hanks said. "This is the same issue, over and over again. If you're another governmental entity that has the ability to bond - which just about every one of them does, including even a water association - you have the ability to override the decisions of the city planning commission."

Contact Scott Aust at 394-8415 or scott.aust@rapidcityjournal.com