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Series of prison, criminal defense bills move through SD Legislature

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Series of prison, criminal defense bills move through SD Legislature


PIERRE — It’s been two weeks since the South Dakota Legislature first convened, and a series of bills related to the planned operation of a state penitentiary in Lincoln County are slated for discussion and debate.

While some have already advanced, another was quickly swept away. A third cluster of bills have yet to be discussed.

As questions swirl about how to approach and logistics of the construction and operation of a new penitentiary, so do questions about Sec. Kellie Wasko, head of the state’s Department of Corrections (DOC).

Just days before the Legislature convened on Jan. 9, a collective of corrections employees released a letter calling for Wasko’s replacement.

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“A prevailing sentiment among most staff is that Secretary Wasko’s continued tenure as a leader has proven ineffective,” the letter reads. “Many believe that a change in leadership, one that is more supportive of the well-being and concerns of correctional officers, is imperative.”

In the letter, staff allege that Wasko’s policies have led to an increase in contraband and drug distribution, increased inmate’s resistance to corrections officers’ authority and increased response times to emergencies.

The call for her replacement resulted in Rep. Kevin Jensen, R-Canton, asking fellow lawmakers to vote against prison expansion until the issues brought forth in the letter are resolved.

Sec. Kellie Wasko, left, takes questions from nurses in the Jameson Annex about the effects of a department shuffle.

Michael Winder / Department of Corrections

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“A new building will not fix horrible policy issues,” Jensen said he told lawmakers. “There is no urgency to move forward. An 800 million dollar mistake would be on our heads if we approve it.”

While it’s unclear whether lawmakers plan to heed his advice, here are a few important prison and criminal defense bills to keep an eye on:

HB 1057: Creating a statewide public defender’s office

One piece of legislation would create two new bodies in the realm of criminal defense for low-income individuals across South Dakota.

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House Bill 1057 would direct for the creation of the Commission on Indigent Legal Services and Office of Indigent Legal Services.

The creation of those bodies was a need identified in a summer study conducted by lawmakers last year. Per the bill, the commission would oversee indigent representation services while the office would do the groundwork providing those services.

As it stands, county governments, funded by its citizens, foot the bill for indigent representation. With HB 1057, state government would pay as part of its operating costs.

According to Greg Sattizahn, a court administrator and lobbyist, the commission and office would take approximately $1.4 million to establish — a number that Gov. Kristi Noem has already factored into her budget proposal.

After being heard by the House Committee on State Affairs on Wednesday and Friday, it was referred to an appropriations committee by way of a 13-0 vote.

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It has not yet been scheduled for a second committee hearing.

Hanson County Courthouse.jpg

The Hanson County Courthouse in Alexandria.

Mitchell Republic file photo

SB 31: Funding for indigent legal services

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A separate bill navigating through the Senate would provide funding for the Commission on Indigent Legal Services.

Senate Bill 31 stipulates that the funding shall be kept at the state level. Twenty-two percent of the funds would be used for administration, with the rest being disbursed to counties to cover indigent legal expenses.

After its first reading in the Senate, the bill was referred to the Joint Committee on Appropriations, and has not yet been debated by lawmakers.

HB1039: Pushing DOC to cover inmates’ legal expenses

With the prison’s planned location near Canton, officials in Lincoln County are concerned about whether the county will be able to cover criminal defense costs for inmates.

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To address that, Rep. Ernie Otten, R-Tea, introduced House Bill 1039.

If it were to become law, the Department of Corrections would be required to cover legal expenses for inmates who commit crimes inside DOC facilities.

Springfield prison

The gates at Mike Durfee State Prison in Springfield.

Mitchell Republic file photo

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The bill was first heard in the House Committee on State Affairs, where it passed with a 13-0 vote. It was then transferred to appropriators, who added an amendment that would provide for the possibility to force the inmate, if convicted, to repay their legal expenses as part of their terms of probation or parole.

Jensen’s bill comes as Lincoln County Commissioner Joel Arends estimates Minnehaha County’s Public Defender’s Office spends up to $100,000 annually on the criminal defense of inmates. Lincoln County does not have a public defender’s office, and instead contracts with area firms.

The bill has not yet been voted on by appropriators in its entirety.

SB49: Moving money to fund the prison

It’s going to take a large sum of money to construct a new prison, and appropriators are beginning to take steps to spend it.

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Senate Bill 49 calls for the use of $10 million in federal grant funding for the installation of water and wastewater infrastructure at the site. It also transfers more than $228 million from the state’s general and reserve funds to the Department of Corrections for the purpose of prison construction.

The bill has been referred to a Senate appropriations committee, but has not yet received a vote.

Some lawmakers have estimated the new prison will cost as much as $1.2 billion to construct.

The South Dakota Legislature will remain in session until March 7, with an extra day on March 25 reserved for consideration of gubernatorial vetoes.





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South Dakota

Nature: Prairie chickens in South Dakota

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Nature: Prairie chickens in South Dakota




Nature: Prairie chickens in South Dakota – CBS News

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We leave you this Sunday morning with prairie chickens and sharp tail grouse near Ft. Pierre, South Dakota. Videographer: Kevin Kjergaard.

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Democrats fail to field candidates for a majority of South Dakota legislative seats

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Democrats fail to field candidates for a majority of South Dakota legislative seats


(SOUTH DAKOTA SEARCHLIGHT) – Democrats are running for 46 of South Dakota’s 105 legislative seats — leaving 56% of seats without a Democratic candidate.

That doesn’t bode well for the party ahead of November, said Michael Card, professor emeritus of political science at the University of South Dakota.

“It doesn’t put them in a position to actually put forward their ideological policy preferences and have much of a success at getting those enacted,” Card said.

In the state Senate alone, Democrats have failed to field a candidate for 22 seats, which is nearly two-thirds of the chamber. In the House, Democrats have failed to field a candidate for 38 seats, which is 54% of the chamber.

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There is only one Democratic legislative primary in the state: a state Senate race in District 26, which includes the Rosebud Reservation.

There are no statewide Democratic primaries, after announced candidates for governor and U.S. House dropped out or failed to gather enough petition signatures to make the ballot, leaving one Democrat in each of those races.

Statewide candidates will have less name recognition than Republican candidates ahead of the general election, since they didn’t have primaries, Card said. In the Legislature, Card said Democrats “are guaranteeing they won’t get a majority.”

In contrast, Republicans have primary races for governor, U.S. House and U.S. Senate. Five legislative districts do not have Republican primaries, but do have Republican candidates. There is a Republican candidate running for every legislative seat, except for one House seat in District 27, which includes the Pine Ridge Reservation.

Card said there are several factors leading to poor candidate turnout among Democrats, including a self-fulfilling cycle of failure.

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“A lack of winning makes fewer people willing to take a chance on running for office,” Card said. “Why run if I think I’m going to lose?”

Democrats haven’t held a statewide office since 2015, and they haven’t held a majority of either legislative chamber since 1994.

Joe Zweifel, deputy executive director of the South Dakota Democratic Party, said the organization worked “really, really hard” to convince Democrats to run for office.

“But you can’t force people to run for office,” said Zweifel, of Sioux Falls, who’s running for a legislative seat himself in District 12.

He’s heard the open seats called a “failure.” But he disagrees, choosing to focus on the Democrats who did step forward.

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“We’re running quality, good candidates in those races,” Zweifel said.

The South Dakota Democratic Party hopes to build on legislative successes, such as a new law from Rep. Kadyn Wittman, D-Sioux Falls, that commits state funding to cover the family portion of reduced-price school meals.

“That specifically is a return on investment for our donors, and it shows that Democrats are doing good things for the people of South Dakota,” Zweifel said.

Wittman’s success helped inspire Democratic District 13 House of Representatives candidate Ali Rae Horsted, of Sioux Falls, to take a second run at the Legislature. Horsted ran unsuccessfully for the Senate against Sen. Sue Peterson in 2024, garnering 42% of the vote.

Horsted plans to build on that success and the name recognition she already has in the district. She hopes she’ll have “better odds” in this election, since there are two House seats for every district.

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Horsted said it would better serve South Dakota if the state had a more balanced Legislature. While the latest Legislature was 92% Republican, 52% of voters in South Dakota are Republican. South Dakota has the lowest percentage of Democrats, 7.6%, in the Legislature nationwide.

“I think it’s important that people have options on the ballot,” Horsted said, “and people are able to vote for candidates that represent their values and their vision for the future of South Dakota.”

Makenzie Huber is a lifelong South Dakotan who regularly reports on the intersection of politics and policy with health, education, social services and Indigenous affairs. Her work with South Dakota Searchlight earned her the title of South Dakota’s Outstanding Young Journalist in 2024, and she was a 2024 finalist for the national Livingston Awards.

South Dakota Searchlight is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

See a spelling or grammatical error in our story? Please click here to report it.

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Copyright 2026 KOTA. All rights reserved.



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From Big Ideas to Better Places: Building Livable Communities Across South Dakota

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From Big Ideas to Better Places: Building Livable Communities Across South Dakota


From East River to West River, South Dakota communities share a common goal: creating places where people of all ages can live, work and thrive. AARP’s Domains of Livability provide a framework to help communities do just that. Through the AARP Community Challenge grant program—designed to spark quick, impactful local projects—South Dakota communities are turning big ideas into visible, people-centered improvements.

Read the South Dakota Community Challenge Grant Report, which showcases grant-funded projects across the state designed to build more livable communities.

What Are AARP’s Domains of Livability?

AARP’s approach to livable communities is rooted in eight interconnected domains that together support quality of life at every age:

  1. Outdoor Spaces and Buildings – Safe, accessible parks, streets and public buildings
  2. Transportation – Affordable, accessible options for getting around
  3. Housing – A range of choices that support independence
  4. Social Participation – Opportunities to connect, learn and have fun
  5. Respect and Social Inclusion – Communities that value people of all backgrounds and ages
  6. Civic Participation and Employment – Meaningful ways to engage and contribute
  7. Communication and Information – Clear, accessible ways to stay informed
  8. Community Support and Health Services – Access to services that support well-being

These domains work best when addressed together—something South Dakota communities are embracing.

bike lane in neighborhood being separated by wire

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Turning Vision into Action with Community Challenge Grants

AARP Community Challenge grants fund short-term, “quick-action” projects that can ignite long-term change. Across South Dakota, these grants have helped communities pilot ideas, build momentum and demonstrate what’s possible when residents put people first.

Here’s how local projects are bringing the Domains of Livability to life:

  • Outdoor Spaces and Buildings: Communities have used grants to enhance parks, create pop-up public spaces, add benches and shade and install wayfinding signs. These improvements invite people to linger, gather, and enjoy shared spaces—supporting both physical activity and social connection.
  • Transportation: Small, thoughtful transportation projects can make a big difference. Community Challenge grants have supported safer crossings, improved walkability and bikeability around key destinations and the planning or installation of transit amenities like shelters and seating—especially important for older adults and people with mobility challenges.
  • Housing and Community Support: Some projects focus on helping residents age in place by improving access to information about home modification resources or by testing neighborhood-level solutions that connect people to services. These efforts strengthen independence and peace of mind.
  • Social Participation and Inclusion: Murals, community events and creative placemaking projects funded by AARP grants have sparked community pride and social connection. By involving residents in design and implementation, these projects foster respect, inclusion and a strong sense of belonging across generations.
  • Communication, Civic Participation and Opportunity: From hosting community conversations to creating new tools for sharing local information, South Dakota communities are using grants to engage residents in shaping their future. These efforts elevate local voices and encourage ongoing civic participation.



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