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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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Another South Dakota secretary of state bounced after four years by GOP delegates

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Another South Dakota secretary of state bounced after four years by GOP delegates


Left: Heather Baxter | Right: Monae Johnson

South Dakota is getting another chief elections officer.

Secretary of State Monae Johnson failed to win the Republican nomination for a second term during the South Dakota Republican Party Convention Saturday in Rapid City, where GOP delegates instead favored another Pierre outsider to oversee the state’s elections for the next four years.

“When this office runs well, you don’t notice it. When it doesn’t, you feel it everywhere,” Rep. Heather Baxter told a capacity crowd of delegates and attendees at The Monument events center, where she received nearly 60 percent of votes cast by more than 700 party delegates.

Populist push falls short in South Dakota GOP contest for Public Utilities nod

Populist push falls short in South Dakota GOP contest for Public Utilities nod



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Work, housing and staffing: How South Dakota’s corrections chief aims to keep inmates from returning

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Work, housing and staffing: How South Dakota’s corrections chief aims to keep inmates from returning


SIOUX FALLS – South Dakota’s repeat offense rate for people who leave prison can return to the low point it saw a a dozen years ago, the state’s corrections secretary said Tuesday.

Nick Lamb, now six months into his role atop the Department of Corrections, laid out the agency’s plan Tuesday at the Correctional Rehabilitation Task Force at its meeting in Sioux Falls. The plan includes work release programs, residential housing for inmates and a top-to-bottom restructuring of how the department operates.

Recidivism measures how many inmates return to prison within three years of their release. The figure for South Dakota stood at

 50%

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in the most recent data, which was based on the performance of inmates released in 2021.

South Dakota’s lowest recidivism rate in the last two decades was 39% in 2014.

“We’ll get back there,” Lamb said Tuesday.

Lamb told reporters after the meeting he wants “to start getting in the business of closing prisons” during his tenure.

“Our population is too high for our state,” Lamb said. “We need to get our population down, but we’ve got to give the offenders the tools they need that they haven’t always had.”

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Several recommendations presented on Tuesday, by Lamb and other criminal justice experts, will require more staff and funding.

State Rep. John Hughes, R-Sioux Falls, worries that the Legislature’s budget-setting committee will balk at new spending.

“My concern is that we put all these elaborate proposals together, then when we get to appropriations we’re going to hit the wall,” Hughes said.

Inmates return to work release

Under Lamb’s predecessor, Kellie Wasko, pay for inmate work performed outside the prison walls

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was increased to minimum wage

. After that policy change, fewer communities and organizations contracted inmate workers for community service jobs.

Rep. Tim Reisch, R-Howard, said most of the roughly 250 minimum-security prisoners he oversaw during his tenure as corrections secretary participated in work release.

“They got up and they all had jobs. They were used to getting out of bed, going to work, getting in a habit of that,” Reisch said.

When he toured the prison last year, fewer than 20 were working, he said.

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Lamb has cut inmate wages below minimum wage since he started.

“We reached out to a lot of these communities, basically asking if they need help,” Lamb said. “We lowered the wage, which upset some people, but we need them out working.”

This summer, inmates will work at Sioux Falls parks and at its regional landfill, and they’ll prepare the fairgrounds in Huron for the State Fairgrounds in August. They’ll also help out during Riverboat Days in Yankton, and pitch in on tournament preparation for the National Field Archery Association.

Statewide residential facilities planned

Lamb also wants to establish a residential corrections program. He shared a presentation showing how such a program

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operated in Iowa

, where he served as deputy director of institutional operations for the Iowa Department of Corrections before his move to South Dakota.

In Iowa, most residential facilities were filled with people on probation, parole or work release. He envisions a similar program in South Dakota, with housing outside of traditional prison settings designed to help transition back into the community, but he hasn’t finalized details or a timeline.

“We’re going to try it,” Lamb said. “I’ll be honest, I haven’t talked to the lieutenant governor or anybody else about it, but we need to try it. It works.”

The program has been in Iowa for decades. Iowa’s three-year recidivism rate peaked at 38.9% in 2019 and has since fallen to 32.8%, based on the

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latest data available

.

“I’m not trying to throw you a sales pitch,” Lamb said, but residential programming is “a good idea.”

Lamb said he doesn’t want to replace programs like the one run by the Sioux Falls-based nonprofit St. Francis House, but to add to it.

St. Francis House doesn’t cap how long residents can stay and limits rent to $250 a month. Lamb said a state-run program would include a time limit and higher rent.

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A lack of “felon-friendly housing” is a major driver of recidivism, said Sioux Falls Mayor Paul TenHaken, who’s leaving his position soon after two terms in office. The problem won’t improve without government involvement, he added.

“If the state ever chooses to invest in St. Francis House programming, it’s money well spent,” TenHaken said.

Justice Center recommendations

The percentage of inmates who got rehabilitative programming increased from 27%to 44% between 2023 and 2025, according to a report presented Tuesday by the Council for State Governments Justice Center.

The national nonprofit was contracted to analyze the state’s prison system and help guide the task force’s work.

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Despite the gains in programming, the group reported, 46% of inmates released in 2025 received none. Access was also limited by where inmates were held, due to space and staffing restrictions.

The justice center recommended several changes, including:

  • Creating a rehabilitation and reentry division and hiring several new positions.
  • Creating a centralized waitlist for programs.
  • Streamlining the program catalog to reduce overlap and fill gaps.
  • Sequencing programming to cover an inmate’s entire stay, rather than stacking programs in the last few months of their sentence.
  • Creating a dedicated parole violation program track.

Many of those recommendations hinge on hiring and retaining adequate staff — one of the department’s most significant challenges, according to the group.

Sara Friedman, program director with the Justice Center, said her team consistently heard in interviews that the department tends to shift employees around when attempting new initiatives, rather than hiring. That creates gaps for inmates seeking programming.

Sometimes, for example, shifting staffing patterns will leave facilities without enough security staff to transport inmates to classrooms.

“Technically, you’re fully staffed, but you’re fully staffed so thinly that the moment one thing goes wrong, the waterfall effect is people are not getting their rehabilitative services,” Friedman said.

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Lamb told South Dakota Searchlight after the presentation that he wasn’t surprised by the staffing recommendations. The department lacks adequate staff to backfill for sick or vacationing employees, he said, though he didn’t say how many more employees would need to be hired to address the issue.

The department is already working to create the new rehabilitation and reentry division and centralize its scheduling.

The task force plans to meet two more times before it’ll finalize its recommendations for the Legislature ahead of the next session, which starts in January.

— This story was originally published on southdakotasearchlight.com.





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South Dakota Republicans reject censuring John Thune over stalled SAVE America Act

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South Dakota Republicans reject censuring John Thune over stalled SAVE America Act


South Dakota Republican delegates rejected a push to censure Senate Majority Leader John Thune (R-S.D.) over the stalled SAVE America Act, exposing a fight within the GOP over how far the party should go to force through sweeping new voting restrictions.

South Dakota Republicans voted down a proposed censure of Thune at the state party convention Friday after a resolution accused him of blocking President Donald Trump’s election agenda. 

The measure had advanced out of the party’s Resolutions Committee, but failed before the full convention.

The resolution targeted Thune for what it called “his failure in regards to the SAVE America Act,” a Republican-backed bill that would impose strict proof-of-citizenship and photo ID requirements to vote. 

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Voting rights advocates have warned the bill could block millions of eligible Americans from registering, especially people who do not have easy access to passports, birth certificates or documents matching their current names.

Trump has sharply escalated pressure on Republicans to pass the bill. This week, he abruptly canceled a planned signing ceremony for a bipartisan housing affordability bill, tying the unrelated legislation to his demand that Congress first pass the SAVE America Act.

“Today’s Housing News Conference and Signing is hereby cancelled until such time as we pass the desperately needed SAVE AMERICA ACT, which I consider to be a National Emergency,” Trump wrote.

The censure push reflects growing anger among Trump allies who want Senate Republicans to change or bypass filibuster rules to pass the bill. A filibuster is a Senate procedure that usually requires 60 votes to move most legislation forward. Republicans do not have those votes.

“We don’t have the votes, either to proceed to a talking filibuster nor to sustain one if we got one,” Thune said last week. “That’s just a function of math. There isn’t anything I can do about that.”

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For pro-democracy advocates, the fight is not simply about Thune. It is about a broader Republican effort to turn Trump’s election denialism into federal policy. Noncitizen voting is already illegal and exceedingly rare. 

But the SAVE America Act would use that false crisis to create new barriers for eligible voters.

The South Dakota vote shows the limits of MAGA pressure even in a deep-red state. Delegates were willing to debate punishing their own Senate majority leader, but ultimately rejected escalating the internal fight.

Still, the episode underscores how central voting restrictions have become to the Republican agenda ahead of the midterms.

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