South Dakota
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.
“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.
Michael Winder / Department of Corrections
“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.
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.
It has not yet been scheduled for a second committee hearing.

Mitchell Republic file photo
SB 31: Funding for indigent legal services
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.
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.

Mitchell Republic file photo
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.
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.
South Dakota
DOC officials touch on state of prison reform in South Dakota
SIOUX FALLS, S.D. (Dakota News Now) – The governor’s Correctional Rehabilitation Task Force, which aims to determine the best path forward for expanding services, will hold its second meeting on Wednesday.
The meeting will continue the dive into what programming should look like for the new prison. Officials in the Department of Corrections say they appreciate the attention to the issue shown over the year.
“The focus is in the right place. I think people are asking the right questions. I think that it’s being noticed that reentry in totality is a group effort,” Justin Elkins, DOC Chief of Behavioral Health, said.
Sitting at 43%, lawmakers and the Rhoden administration have dedicated a substantial amount of time to addressing recidivism in the state.
“I think people are starting to see that reentry is something our department needs help within terms of collaboration and relationships. Because we only determine part of the equation when it comes to reentry,” Elkins said.
Corrections Reentry Program Manager Scott Day says this change in perspective regarding inmates is needed.
“95% of these individuals are going to come back into your community. They’re going to be your neighbors. They’re going to work at your local fast-food restaurant or at your local store. You’re going to see them walk down the street. We just need to see as a culture that these aren’t bad people; these are just people who need an opportunity to show that they can succeed.”
The prison reset task force, which focused on the structure of the new prison, ensured that programming space increased from what is currently available, even when the location changed from Lincoln County to Sioux Falls.
“There’s not a day that goes by that I don’t constantly think about what we could do more. And the new prison is needed. We need the space, we need the opportunity to get more programming in there,” Day said.
Day says the investment into programming space is not a matter of being soft on crime but rather smart on public safety.
Copyright 2025 Dakota News Now. All rights reserved.
South Dakota
Recent Farmland Sales in Illinois, Kansas, Kentucky, South Dakota
Link to the listing: https://www.frrmail.com/…
For more information, contact: Cory Busse, Farm & Ranch Realty, Inc., at 785-332-8345 or frr@frrmail.com
KENTUCKY, Hopkins County. Five tracts of river-bottom cropland totaling 597.9 acres sold at auction for $5.39 million, or $9,015 per acre. Tracts ranged from 16 to 255 acres, with much containing drainage tile. Soil types were primarily Karnak silty clay and loam with some Belknap and Robbs silty loam. Structures included a tool shed and a 5,000-bushel grain bin. Tracts ranged in price from $7,800 to $11,500 per acre.
Link to the listing: https://www.kurtzauction.com/…
For more information, contact: Joseph Mills, Kurtz Auction & Realty Co., at 800-262-1204 or jmills@kurtzauction.com.
SOUTH DAKOTA, Dewey County. A contiguous, 1,529-acre farm sold to a single bidder at auction for $2,600 per acre, or $3.98 million. The property was offered in four parcels, two of which were historically in crop production (wheat, oats, corn and sunflowers) and boasted Soil Productivity Indexes of 70 or higher. Another highly productive parcel was planted in grass and alfalfa but could be converted to row crops. The remaining parcel included a blend of cropland, pasture and an updated home with a steel barn, shop, two Quonset-style buildings, continuous panel corrals and water tank.
Link to the listing: https://glcland.com/…
For more information, contact: Kristen Gill, Gill Land Company, at 701.934.2732 or 605.848.4502 or kristen@glcland.com.
**
— These sales figures are provided by the sources and may not be exact because of rounding.
— Submit recent land sales to landwatch@dtn.com
Katie Dehlinger can be reached at katie.dehlinger@dtn.com
Follow Katie on social platform X at @KatieD_DTN
(c) Copyright 2025 DTN, LLC. All rights reserved.
South Dakota
Former South Dakota National Guard adjutant general announces bid for state house of representatives
RAPID CITY, S.D. (KOTA) -The former top official of the South Dakota national guard under former Governor Kristi Noem has announced his campaign to become a state representative for district 33.
Jeff Marlett’s bid makes him a contender in the Republican primary for the district.
Marlett served for 36 years in the South Dakota National Guard which included combat service in Iraq and most recently spending three years as the commanding general of the national guard from 2019 to 2023.
“I’ve always considered that job, it’s not about me, it’s about the great men and women who served in the South Dakota national guard, and I got the opportunity to serve with them so, it was an honor to serve with them,” said Marlette.
Marlette also worked as the west river director under Senator Mike Rounds and served for numerous years as a superintendent of schools for districts in South Dakota. Now Marlette wants to spend his next chapter as a state representative. He explained that he thinks people are “tired of the noise” with politics. He blamed that exhaustion on people stepping away the two major parties.
“They want people that are willing to go, and, and not think they have all the answers and not be wrapped up about, well I’m more Republican thank you are or you’re a dem o.. no, it’s not about that. It’s about looking at meaningful policy, laws if needed, but governing by what’s really truly necessary and best for South Dakota,” said Marlette.
According to a press release for Marlette, he says he will support sensible restructuring of the property tax system, a strong education system and a vibrant environment for business. Marlette said during our interview that he has mixed reviews on the 19 property tax relief proposals out of the property tax task force.
See a spelling or grammatical error in our story? Please click here to report it.
Do you have a photo or video of a breaking news story? Send it to us here with a brief description.
Copyright 2025 KOTA. All rights reserved.
-
Iowa2 days agoAddy Brown motivated to step up in Audi Crooks’ absence vs. UNI
-
Washington1 week agoLIVE UPDATES: Mudslide, road closures across Western Washington
-
Iowa1 week agoMatt Campbell reportedly bringing longtime Iowa State staffer to Penn State as 1st hire
-
Iowa4 days agoHow much snow did Iowa get? See Iowa’s latest snowfall totals
-
Cleveland, OH1 week agoMan shot, killed at downtown Cleveland nightclub: EMS
-
World1 week ago
Chiefs’ offensive line woes deepen as Wanya Morris exits with knee injury against Texans
-
Technology6 days agoThe Game Awards are losing their luster
-
Maine15 hours agoElementary-aged student killed in school bus crash in southern Maine