South Dakota

Series of prison, criminal defense bills move through SD Legislature

Published

2 years ago

January 22, 2024

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.

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

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.

Hanson County Courthouse.jpg — The Hanson County Courthouse in Alexandria.

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.

Springfield prison — The gates at Mike Durfee State Prison in Springfield.

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.

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South Dakota

SD Lottery Powerball, Lotto America winning numbers for March 4, 2026

Published

4 hours ago

March 5, 2026

Press Room

The South Dakota Lottery offers multiple draw games for those aiming to win big.

Here’s a look at March 4, 2026, results for each game:

Winning Powerball numbers from March 4 drawing

07-14-42-47-56, Powerball: 06, Power Play: 4

Check Powerball payouts and previous drawings here.

Winning Lotto America numbers from March 4 drawing

33-38-39-47-51, Star Ball: 07, ASB: 02

Check Lotto America payouts and previous drawings here.

Winning Dakota Cash numbers from March 4 drawing

02-18-22-30-32

Check Dakota Cash payouts and previous drawings here.

Winning Millionaire for Life numbers from March 4 drawing

12-13-36-39-58, Bonus: 03

Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your prize

Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.

When are the South Dakota Lottery drawings held?

Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
Mega Millions: 10 p.m. CT on Tuesday and Friday.
Lucky for Life: 9:38 p.m. CT daily.
Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
Millionaire for Life: 10:15 p.m. CT daily.

This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.

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South Dakota

South Dakota lawmakers push bill criminalizing deepfakes nearer to governor’s desk

Published

16 hours ago

March 4, 2026

Press Room

South Dakota lawmakers push bill criminalizing deepfakes nearer to governor’s desk

John Hult
| South Dakota Searchlight

PIERRE — A bill from South Dakota Attorney General Marty Jackley to criminalize the creation or sharing of deepfakes was amended this week to more clearly define what constitutes nudity before it reaches Gov. Larry Rhoden’s desk.

The amendment, added on the floor of the House of Representatives, came in response to concerns about unintended consequences.

Senate Bill 41 creates a class of felony crime for the creation or distribution of images digitally altered to depict a person in a state of nudity or involved in a sexually explicit act, commonly referred to as deepfakes.

In testimony in the House Judiciary Committee on Monday in Pierre, Jackley pointed to the case of Mark Rathbun, a former Division of Motor Vehicles employee who is accused of taking images of women and girls from state databases and creating sexual images.“This is real, and it’s something that we unfortunately are seeing happen in our state,” Jackley said.

The judiciary committee voted 8-3 to send the bill to the House floor but not before a discussion on its potential to criminalize political memes.

The bill’s definition of nudity originally encompassed a partial state of nudity. Fort Pierre Republican Rep. Will Mortenson asked Jackley if that would include a fabricated topless photo. Jackley said yes. Then Mortenson asked if a fabricated image of Democratic Illinois Gov. J.B. Pritzker without a shirt, if shared by President Donald Trump on social media, would put the president in line for felony charges.

Jackley said a Pritzker image wouldn’t qualify because Pritzker is male, but Mortenson pushed back.

He noted that partially nude fabrications would be a felony if done with the intent to “self-gratify or alarm, annoy, embarrass, harass, invade the privacy of, threaten, or cause emotional, financial, physical, psychological, or reputational harm to that individual.”

Nothing in the bill specified that a person in a digitally fabricated topless image must be female.

“We just said that half-nude is a state of nudity, and so now he’s shirtless, and the point of this is to embarrass this guy,” Mortenson said of his topless Pritzker meme scenario.

Mortenson voted against the bill in committee but brought an amendment Tuesday to define nudity as inclusive of male or female genitalia, buttocks or the female nipple.

The amendment passed, but it did not address every concern about the bill.

Democratic Rep. Kadyn Wittman of Sioux Falls asked Jackley during the bill’s committee hearing why he didn’t use it to enhance penalties for people who film others in states of undress or participating in sexual activity against their will.

That behavior is a felony if it involves the recording of a minor, or if it happens repeatedly. The new penalties for deepfakes would be added to the same chapter of South Dakota law.

“Why is the first time hidden recording a misdemeanor generally, but a digitally fabricated image would automatically be a classified felony,” said Wittman.

Jackley said he feels that the creation of digitally manipulated sexual images, even if they aren’t shared, signals “significant criminal intent.” He told South Dakota Searchlight after the committee meeting that he’s open to addressing that issue, but that SB 41’s primary purpose was to target deepfakes.

On the House floor, Wittman was one of two representatives to say the bill’s felony penalties could be unnecessarily harsh in instances where young people make “a stupid decision” and create a deepfake.

“I feel like, in a lot of situations, this bill covers behavior that could be covered by a lower level of offense,” Wittman said.

Supporters countered that the creation of fake nudes can do real psychological damage to real people, and that the state needs to clearly signal that doing so is a serious crime.

“It’s only fun and games until it happens to you,” said Rep. Mary Fitzgerald, R-St. Onge.

The bill passed the House 60-6. It now moves to the state Senate, which passed the bill 32-0 on Jan. 16. The Senate would need to approve the amended version of the bill before it could be delivered to Gov. Larry Rhoden to sign or veto.

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South Dakota

SD Lottery Mega Millions, Millionaire for Life winning numbers for March 3, 2026

Published

1 day ago

March 4, 2026

Press Room

The South Dakota Lottery offers multiple draw games for those aiming to win big.

Here’s a look at March 3, 2026, results for each game:

Winning Mega Millions numbers from March 3 drawing

07-21-53-54-62, Mega Ball: 16

Check Mega Millions payouts and previous drawings here.

Winning Millionaire for Life numbers from March 3 drawing

09-10-13-25-54, Bonus: 05

Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your prize

Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.

When are the South Dakota Lottery drawings held?

Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
Mega Millions: 10 p.m. CT on Tuesday and Friday.
Lucky for Life: 9:38 p.m. CT daily.
Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
Millionaire for Life: 10:15 p.m. CT daily.

This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.

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