South Dakota Voices Response: Cass, thank you so much for the email and the kind words. There are many elected officials in Lincoln County. I encourage people look at the social media pages for all of them. And to speak with all of them. At least one of them are pushing the solution that is discussed in the first paragraph of the article. The point was not to single anyone out, but for people to be aware that we still have politicians talking about a 1500 person facility (which almost the citizens agree is completely unnecessary). You will note that the article focused on wage depression caused by foreign workers (putting people into poverty, which leads to crime), recidivism (almost everyone in the system has a substance abuse issue and most need skills so they can get legal work -- the numbers are in the annual DOC report), and returning out of state people to their place of residence rather than placing that burden on the people of South Dakota. It is also interesting to consider what is happening in Florida. They have a recidivism rate of about 25% and have many remote facilities (rural areas). One has to wonder if the "keep everything in a major metro area" might need to be reconsidered. Again, we love having your insights and feedback.
Email comment from CS: Hello. I really appreciate your columns and typically you are spot on. However, you are missing the point on the prison deal. NO ONE is saying move the billion dollar prison to SF citibank location - how did you interpret that? IN FACT - everyone is saying SD does not need a 1500 bed prison period. We do NOT have 1500 max security prisoners - that entire proposal did not make sense unless we suspect Noem knew she would get the homeland security appointment and move up in her washington ways and send prisoners to SD for pay.... BUT here in SD, we need opportunity, education and ESPECIALLY PRISON reform - and that you are spot on about ...KW NEEDS TO GET HER HOUSE in order - or be REPLACED. What SD prisoners need is opportunity. They need education, job training, satisfying work and a chance to be a contributing member of society. The citibank campus has sat empty for years. It would be an ideal location for classrooms, learning opportunities and low security prison. It could be modified and up and running in months vs years to build anything.... There were 2 studies done that showed improvements ACROSS the state are needed, not a billion dollar prison in one location....everyone who is speaking to the task force keeps saying - FIX WHAT WE GOT esp reducing recidivism and education - for both the prisoner and the family associated with the prisoner...AND - fixes spread jobs and opportunities across the state to benefit all instead of centralized in one location...the lincoln co site is a poor poor choice period, esp with SD winters AND massive rains - that flood every thing down stream.... You are doing a great job keeping good info going out...thank you....but maybe TALK TO THE legislator you are dissing about what he wants for prison reform...
Thank you for the work you are doing. I just watched these three short videos produced by Steve Haugaard on prison reform. They should be watched and considered.
Listen to the Toby doedin unfiltered podcast on this subject and it all makes a lot more sense. Some suggest it’s to have a housing facility for aliens awaiting deportation. It’s well known the existing facility at Springfield has the ability to be doubled in size with a second floor without extra work. It was built for that option in mind. All these big R republicans need to stop the games we normally see from democrats and listen to the voters. All the massaging with messaging, and purposeful accidents and the numerous expensive studies will not make a $1,000,000,000 facility more palatable.
If they want workers, they can find them. Maybe they have to pay more. Everything management has been doing has been to sabotage that facility to favor a new one instead.
We won’t necessarily have to bring in foreign workers to do jobs or force businesses to pay exorbitant wages And drive up the cost of living more if we weren’t paying so many able-bodied folks to do nothing. Seems like Democrats want to give out benefits freely. But then the big r Republicans allow it if they get to bring in foreign workers instead So their friends can pay slave wages to them. Both take advantage of the middle class.
Rep Muckey, It is very nice to have someone speaking directly about these issues. Thank you! I think people are frustrated and anxious because it is very challenging to get information. People are also frustrated because the meetings are at times when it is difficult to attend, especially for people who work. Maybe online would be a solution. Would Kellie might be willing to come on the blog and answer people’s questions?
Out-of-state prisoners — People are feeling frustrated because it is difficult to get accurate information. It is not comforting that the numbers are not being shared with legislators either. People who have worked in the system suggest that there are people with out of state IDs in our prisons. Would Kellie be willing to share how many out of state Federal prisoners we have and how many prisoners we have with out of state IDs? It seems like it would we helpful for people to know how much it costs to house these people and who is paying the bill.
Wage depression in combination with high inflation - This topic has been covered in a number of posts. This could be legal or illegal workers. We have discussed both on the blog. There are two links in the post that explain what is happening and why. Those links have links to other material.
Prisoner Load and Impact on Sioux Fall — Based on what we are hearing, people are feeling deceived about what is being disclosed about prison population. For purposes of transparency, it should be clearly stated that Sioux Falls will see over 600 additional prisoners (1500 new + 386 at Jamison Annex - 1283 in Sioux Falls now).
Need — There is concern that incarceration rates from the Covid period are being used to predict the future. Low income and substance abuse often lead to criminal behavior. During the Covid period unemployment was very high in South Dakota (we reviewed that data) and substance abuse and suicide skyrocketed. So we are guessing it would not be wise to use any numbers from 2020 - 2024 for predictive purposes. Could you share what data is being used for prison load predictions?
Crime — It is well documented that crime runs in families. While the stats vary based on the source, kids of incarcerated parents are often involved in crime. This study suggests 70%. Even at 50% that is a lot of people. Again, people are feeling like there is a lack of transparency and an effort to push a problem under the rug. For transparency purposes it should be disclosed that the families of prisoners are often involved in crime (something the people in D10 already know). https://imrp.dpp.uconn.edu/wp-content/uploads/sites/3351/2021/09/March-2015-Seven-out-of-ten.pdf
Filling prison jobs — Sioux Falls has the lowest unemployment rate in the country. Where will the workers come from? How will it impact other businesses in the area. Wouldn’t it make more sense to locate a prison someplace that has an employment problem rather than an area with full employment?
Respectfully, you do understand that over 1,200 incarcerated men live in downtown Sioux Falls right now? The State Penitentiary and Jameson Annex house 1,283 inmates right here in District 15.
If the location chosen in District 15 ended up at the old Citi campus (further from downtown Sioux Falls, mind you) with a smaller footprint and more resources to improve recividism and rehabilitation, wouldn't that actually make it safer than the current facility we have today just off the heart of downtown?
If your concern is truly about recidivism and tackling poverty -- which deserves much more attention than ridiculous bills tackling social issues and put taxpayer dollars on the line for litigation -- why are you suddenly concerned about an issue of location that doesn't currently exist?
I know my constituents very well. Public safety is a priority, which is why we work closely as elected officials with our law enforcement and community resources to make sure SFPD is properly trained and staffed and a hand up is given to the homeless. Never once did I hear, knocking thousands of doors, that they're worried about the State Penitentiary being in their neighborhood. They're worried about making sure their streets are safe, neighbors and kids cared for, and our homeless given the help they need. It has absolutely nothing to do with the prison.
If we want to discuss real solutions to our recividism, I'm all ears. But be honest: we already have a prison next to downtown Sioux Falls.
Rep. Muckey, Thank you for joining us. It is nice to hear from you. Do you know how many out of state prisoners we have and when they might be able to be sent home? Do you know if we have started to address the foreign worker issue that is causing the wage depression and sending people into poverty (poverty is a big contributor to crime and incarceration)? It seems that those two items could quickly drop our prison population. I am curious if we looked at the states with the lowest recidivism. Florida is 5. I used to live there. The facilities there aren't new and many are remote and a number are much smaller. Hundreds of millions is a lot of money to ask the taxpayers of South Dakota to foot, and many people are worried that new won't change anything for them other than their tax load. Also, structures rarely change anything whether it is a textile plant, a school, or a prison. It's normally strong management and programming. I have gone door to door in a large part of D10 and several precincts in D15. I agree that crime is a huge issue with many people I met. When you have prisoners being released into a community with a 40% recidivism rate and families of prisoners in the area that adds a public safety load. Most people, at least in D10, know there are public safety issues associated with having the prison in the area. I think we could all agree that the best solution would be to get the prison population way down with better policies.
I guarantee you that this prison is being pushed for two reasons: (1) it will be a giant slush fund money grab for the corrupt pricks in Pierre and their benefactors and (2) it will be an ongoing cash cow as the government of South Dakota charges other states to take their dangerous felons. I'm amazed at just how corrupt this state is. This place is bordering on Louisiana levels of corruption.
Interesting the paradox of Louisiana is their Angola prison system, which if modeled correctly, could turn into a better way forward. Steve Haugaard and others have great ideas on this, the idea of church run, volunteer ideas of assisting those incarcerated with authentic rehabilitation, an inside out transformation that changes hearts and minds. This can be done!
I bring up a comparison with Louisiana because many years ago I lived just an hour north of New Orleans in Columbia, MS. At that time, Edwin Edwards was Governor of Louisiana. He was running for re-election and was being investigated for bribery. When interviewed, he said, "the only things that would keep me from being re-elected would be if I were caught in bed with a dead girl or a live boy." And yes, the dirtbag got re-elected!!!!
Rep Muckey, Perhaps you could provide some clarity on a couple of other things. Legislators are saying the State Pen and Jameson Annex will be retained and Sioux Falls would have that load plus the new 1500 bed facility. Also, we haven't heard anyone talking about sending the out of state prisoners home, dealing with recidivism, or dealing with the wage depression caused by foreign workers. Are those discussions happening? If so, how can people plug-in and get accurate information on what is being done in these areas?
I'm happy to answer your questions; I'll use this response to cover both of your comments.
1) Regarding out-of-state prisoners, I assume you are referring to federal prisoners being held by the South Dakota Department of Corrections. To my knowledge, we have fewer than 10-15 federal inmates in transport at any point in time. That number isn't easy to find, even for a legislator, but it is something I can ask for. In general, I've heard many folks use the words "out-of-state" inmates as a rationale for DOC to make money off the prison system. Every look at our studies thus far, and I would assume similarly for the Prison Reset Task Force, demonstrates that the capacity estimates used to create the initial Lincoln County plan had nothing to do with taking in more inmates from out-of-state. It has to do with our own policies of incarceration, especially our "truth-in-sentencing" laws.
2) I don't like assuming too much when you say "address the foreign worker issue causing wage depression and poverty." Are you suggesting that we have illegal immigration contributing to our workforce that you want to see deported? Are you suggesting we have a migrant and refugee workforce that is experiencing wage suppression or labor trafficking? Is it both? And beyond that, whose wages are being depressed? I would need to understand what you mean by that to respond properly, because I can also see other comments being made about this being fostered by unnecessary economic development activity. I have plenty of insight I can share both as a resident in downtown and a trained economist, but I would need to understand first what you mean without making an assumption.
3) In response to your comment about a facility not making a difference, it's essential to keep something in mind. The South Dakota Legislature, prior to the Lincoln County plan, had saved funds multiple times to avoid burdening South Dakota taxpayers in the long term with the construction of a facility. HB 1025, amended this session to remove the construction authorization and transfer funds, would have aided that process. While I'm one of the last people who want to build a new prison, we also have to acknowledge that the Hill (the Penitentiary) is tens, if not hundreds, of millions of dollars out of compliance with federal regulations and is unsafe for both inmates and correctional officers. Whatever plan is achieved is extraordinarily unlikely to raise any state taxes, given the savings that have already been planned for. Location selection will then determine if there would be a local or county tax burden, but again, that is also unlikely. Knowing that savings have been set aside, our responsibility is to ensure that our Corrections system doesn't keep people in it (and should also prevent, in my opinion). However, let's be realistic: the current Hill facility is not safe. We either build a modern facility that accomplishes the goals we are all seeking, or put millions of dollars into renovations at a facility built in 1881 and not for modern practices that tackle recidivism.
4) Public safety concerns in District 15, again, have little to do with the prison. I'm not sure why you're associating crime in downtown with former inmates and their families when the vast majority of them are not from Sioux Falls. The challenges we face in downtown have more to do with homelessness, poverty, and a lack of addiction and mental healthcare resources than the State Penitentiary or Jameson Annex. Is it safe to assume that some inmates end up in downtown Sioux Falls with the help of an after-prison ministry? Absolutely, and I encourage you to do what I have and meet them. But that is also because our state doesn't fund counties for parole-in-place efforts in a way that is helpful for inmates or their families. Upon release, inmates are released to their communities of origin but frequently without resources. We're overincarcerating Native American men and women and not working to provide resources to help. Our public safety concerns in District 15 (and District 10, using your home district) have more to do with SFPD not having law enforcement officers and our local healthcare and nonprofit systems not having enough investment for prevention than it does to do with inmates released into downtown Sioux Falls.
5) If a new facility is constructed, the Jameson Annex would be retained but not the Penitentiary. I'm not sure where the information is being given that we'd retain both facilities with a new 1,500-person facility (which, also, is not a figure that's been decided on), but please understand that whatever new facility is constructed is intended to replace "the Hill", our 1881 facility that is leaps and bounds above the age of modern prison facilities in the states you've cited with lower recidivism. I'm not sure what the Hill would become -- whether torn down, a new museum, or a training facility for DOC. Whatever happens to it, the Jameson is a modern facility that can continue to be used (but not expanded upon except for a one-story increase because of FAA regulations), and if a new facility is constructed, it will replace the capacity of the Hill.
This is where I advise folks to go to the public meetings on the Prison Reset Task Force. These are opportunities to ask questions, get the information you're seeking, and engage directly with lawmakers about your concerns with this process. I've shared with folks my position time and again that we need a facility while also considering that we 1) handled the site selection process in Lincoln County poorly and 2) must consider that this is only one part of a grander process and solution set that must tackle recividism, overincarceration through statute, and a severe need for prevention and addiction services to keep folks out of prison.
I appreciate you responding to my comment and want to remind folks once more: when you say we don't need a "mega prison" in downtown Sioux Falls with 1,500 beds, remember that we already have 1,283 men incarcerated in downtown Sioux Falls with one facility overcrowded by nearly double ("the Hill").
This issue isn't simple for two reasons: we have a facility that is in dire need of replacement and we have a system that isn't built to keep people out of prison. That costs money, and we have to fix the problem in both directions.
The ongoing wage depression caused by foreign workers (fostered by unnecessary economic development activities) is too important a topic to be undertaken by the midwits in our legislature. Muckey is a prime example.
nice to read a sensible and articulate response from someone who really knows what he is talking about...thank you for your comment to explain further about this somewhat complicated issue.
South Dakota has one of the highest incarceration rates in the U.S., with 6,500 people in prison and another 9,100 on probation or parole as of 2023, according to the Prison Policy Initiative. The state’s incarceration rate stands at 812 per 100,000 residents, surpassing any independent democratic country The prison population has surged by 550% from 1980 to 2017, largely driven by policies targeting nonviolent offenses, especially drug-related crimes.
Key Issues Highlighting the Need for Revamping
1. High Incarceration Rates and Overcrowding
South Dakota’s prison population grew by 12% between 2021 and 2023, despite a brief decline at the start of the COVID-19 pandemic. Facilities like the women’s prison in Pierre are severely overcrowded, as noted by Governor Kristi Noem in 2021, and the South Dakota State Penitentiary in Sioux Falls, built in 1881, lacks modern programming space and accessibility for staff. This overcrowding hampers the ability to provide adequate services and increases tension within facilities.
2. Drug-Related Incarceration
South Dakota’s stringent drug laws contribute significantly to its prison population. It is the only state that classifies ingestion of a controlled substance as a felony, effectively criminalizing addiction. In 2015, one in three people in state prisons were there for drug possession, a rise from 2014 driven by ingestion charges This approach not only fuels incarceration but also exacerbates racial disparities, as marginalized communities are more likely to be targeted.
3. Inadequate Rehabilitation and High Recidivism
The lack of rehabilitation programs contributes to high recidivism rates. Many inmates don’t receive sufficient treatment for underlying issues like substance abuse, despite nearly half of arrests being drug or alcohol-related. Technical probation and parole violations—such as minor infractions or substance use—account for 76% of probation revocations and 89% of parole revocations, often resulting in re-incarceration rather than support. Inmates like Sam Lint, speaking at a 2025 prison reform meeting, highlighted that classrooms in facilities sit empty, indicating a missed opportunity for education and skill-building.
4. Outdated Infrastructure and Staffing Challenges
The physical state of South Dakota’s prisons is a major concern. The 1881 penitentiary in Sioux Falls is outdated, with lawmakers like Rep. Linda Duba describing it as a “lock them away and leave them there” facility. Overcrowding limits the ability to offer programs like job training or substance abuse treatment, as noted by Department of Corrections Secretary Kellie Wasko. Staffing shortages further compound the issue, with Governor Noem announcing an 11.7% pay increase for correctional staff in 2021 to improve retention.
5. Financial Burden and Misallocated Resources
In 2017, South Dakota spent $98 million from its general fund on corrections, 6% of its budget. A proposed $825 million men’s prison in Lincoln County, which would be the most expensive taxpayer-funded project in state history, has sparked this debate. Critics, including former warden Doug Weber, argue it would create a “1,500-bed human warehouse” that fails to address inmates’ diverse needs, such as mental health or rehabilitation. Redirecting funds to community programs or education could be more effective, as research shows every dollar spent on prison education saves four to five dollars on re-incarceration costs.
6. Health Care and Mental Health Deficiencies
South Dakota has been court-ordered to address deficiencies in its prison healthcare system, which struggles to meet inmates’ medical needs. Mental health care is also inadequate. A 2021 oversight council report noted a backlog in mental health competency evaluations, with the state failing to meet its 21-day evaluation timeline due to staffing shortages at the Human Services Center (HSC). Limited community-based mental health options often result in incarceration rather than treatment for those with mental health needs.
Proposed Reforms to Revamp the System
To address these issues, South Dakota needs a comprehensive overhaul that prioritizes rehabilitation, equity, and efficient resource use. Here are some evidence-based reforms:
1. Reform Drug Laws and Expand Treatment
South Dakota should consider reducing the penalty for ingestion of a controlled substance from a felony to a misdemeanor. This change could redirect resources toward diversion programs, such as drug courts and community-based treatment, which have proven effective in other contexts. For example, South Dakota’s juvenile justice reforms reduced youth commitments by 63% between 2014 and 2018 by focusing on alternatives. Education programs in prisons also reduce recidivism by 43%, according to the U.S. Department of Justice.
2. Address Racial Disparities
The state should implement reforms to reduce disproportionate arrests and sentencing of Native Americans and Black individuals. Investing in community resources like education, housing, and mental health services in marginalized areas can prevent justice system involvement, as suggested by the Sentencing Project. Training for law enforcement and prosecutors to address implicit bias could also help reduce disparities.
3. Modernize Infrastructure with a Rehabilitation Focus
While new facilities may be necessary, the $825 million Lincoln County proposal has been rightly criticized for prioritizing capacity over rehabilitation. South Dakota could adopt a model like North Dakota’s, which, inspired by Norway’s humane prison system, saw a 6.5% drop in its prison population by 2018 through reforms emphasizing mutual respect and rehabilitation. Building smaller, multi-custody facilities with space for education, job training, and mental health treatment, as suggested by former warden Doug Weber, would better serve inmates’ needs Governor Noem’s $60 million investment in a women’s work center in Rapid City, signed in 2023, is a step forward but must include robust programming.
4. Reform Probation and Parole Practices
South Dakota should revise its probation and parole systems to avoid re-incarceration for technical violations like minor infractions or substance use. Instead, the focus should be on support services such as counseling or treatment. States like New Jersey have successfully reduced prison populations by prioritizing public health over punishment for minor violations.
5. Improve Mental Health and Healthcare Access
The state must comply with its court mandate to improve prison healthcare by increasing funding and staffing for medical services. Expanding community-based mental health options, as recommended by the 2021 mental health oversight council, would reduce reliance on the HSC and prevent unnecessary incarceration of those with mental health needs. North Dakota’s Justice Reinvestment approach, which invests in community-based behavioral health services, offers a model for South Dakota.
6. Support Reentry and Reduce Recidivism
South Dakota releases over 71,000 people from prisons and jails annually but provides limited reentry support. Expanding programs like the precision machining program at the Women’s Center of Opportunity, which graduated nine women in 2021, can equip inmates with skills for employment. Legislation like Michigan’s Clean Slate laws, which automatically expunge certain convictions after a set period, could reduce barriers to employment and housing. Restoring access to Pell Grants for incarcerated individuals, as advocated by Prison Fellowship, would further support education and reduce recidivism .
Critical Examination of the Establishment Narrative
The establishment narrative, led by figures like Governor Noem and Secretary Wasko, emphasizes building new facilities to address overcrowding. While infrastructure upgrades are needed, this approach risks perpetuating mass incarceration by focusing on capacity rather than rehabilitation. Critics like Doug Weber argue that a large prison doesn’t meet inmates’ diverse needs, such as mental health support or job training, and may simply warehouse people without addressing recidivism. The 2013 Public Safety Improvement Act, which temporarily slowed prison growth, shows that reform is possible, but recent laws limiting parole for violent offenders suggest a return to “tough on crime” policies that may undermine progress. A more balanced approach would prioritize reducing the prison population through rehabilitation and community investment, rather than just expanding facilities.
Final Thoughts
South Dakota’s prison system requires a thorough revamp to address its high incarceration rates, racial disparities, outdated infrastructure, and lack of rehabilitation. Reforms should focus on decriminalizing minor drug offenses, addressing systemic inequities, modernizing facilities with a rehabilitation-first approach, reforming probation practices, improving mental health care, and supporting reentry. These changes could reduce the prison population, save taxpayer money, and create a more just system, drawing on successful models like North Dakota’s Norwegian-inspired reforms. Plenty to do here without the need for a mega prison.
Again, I wonder what part of NO does a politician have a hard time with... the N? Or the O? or does, perhaps putting those 2 letters together kick in their dyslexia (and arrogance)?
You are right on, we need to stop the crime in our state, we need less prisons, they are not changing the world with them, but i feel making it worse. If it wasn't such a great place to go maybe there would be less crime. Fix the drug problem, lets see how many killings, robberies, traffic deaths are caused with drugs/alcohol, Lets put God back into our lives and see what that does!@
That is an excellent question. I don't know anything about WY or ND, but I do know in 2012-2013 Florida had a very stringent system. Florida has a 25% recidivism rate. I know the prison system there is run very differently than the system in SD.
Great question. Former Speaker Steve Haugaard has done the homework on this, and primarily related to supervision when they are released. He testified to the prison reset on this question. We can solve this recidivism problem if we walk along side them with authentic rehab solutions while they are incarcerated ( for addiction, life skill trainig, etc) and better supervision when they are discharged. It can be solved!
You’re right most of the prison population is there for drug use/abuse I would say in a great part due to the states strict ingestion penalties let’s look at two scenarios. One you get busted with weed the other you get busted with weed laced with fentanyl which you were not aware of when you purchased it. In South Dakota, possessing less than 1 ounce of marijuana results in a Class 1 misdemeanor, with a penalty of up to 1 year in county jail and a $2,000 fine. If you possess less than 1 ounce of marijuana and test positive for fentanyl (first offense), you’d face two Class 1 misdemeanors—one for marijuana possession (up to 1 year, $2,000 fine) and one for fentanyl ingestion (up to 1 year, $2,000 fine, plus mandatory treatment)—potentially totaling 2 years in jail and $4,000 in fines, though likely concurrent at 1 year. If the marijuana is laced with fentanyl, you’d also face a Class 5 felony for fentanyl possession, with up to 5 years in state prison and a $10,000 fine, significantly escalating the penalty and long-term consequences. The key difference lies in the felony charge for fentanyl possession, which introduces state prison time and harsher impacts, versus the misdemeanor-only penalties for simple marijuana possession. We can see how this would quickly become a downward spiral, even who someone that was just partying or experimenting their entire life would be tipped over. The number of South Dakota’s incarcerated in the prison and in jails for a.k.a. drug ingestion is insane. It’s not doing anything to prove their lives or fix our communities. And no, we don’t need a damn big warehouse to keep the bad guys in. Let’s help them learn how to be good guys.
North Dakota’s 41.2% recidivism rate, slightly lower than South Dakota’s 44%, may reflect the success of its rehabilitation-focused reforms and culturally relevant reentry programs. The Standing Rock program’s emphasis on mentorship could help reduce recidivism by fostering community ties.
• Wyoming’s 33.8% rate, the lowest, might suggest effective reentry support, but the lack of detailed program data makes this uncertain. It could also result from less punitive supervision or a smaller at-risk population, it’s difficult to find data.
• South Dakota’s higher 44% rate indicates that its reentry programs are less effective, likely due to systemic barriers like strict parole policies and limited rehabilitation resources. Or South Dakota’s ingestion penalty, especially for fentanyl . While programs like the precision machining initiative show promise, they may not be scaled sufficiently to impact the broader population.
For example, in South Dakota, if you get busted for marijuana and the marijuana is laced with fentanyl, which you wouldn’t know when you bought it, you would test positive for both the weed and the fentanyl which could wind you up spending four years in prison. Even though this legislative period the South Dakota ingestion penalties were loosened a bit. It still will not actually reduce the number of people testing positive when the police give you the drug test. I guess we’ll find out once the law is enacted.
I hate to say this but if I were to give to every one who asked me for a donation, especially today when we have so many petitions we need to sign to preserve our freedoms instead of becoming a State under not so great national leader that does what he wants not what the people of our nation wnat, I'd be a few $100,000 in debt. I sincerely hope that the people who can afford to donate. does donate to as many causes as they can. That's what I do.
I don’t understand why they don’t build two separate prisons. One prison should be a Prison For Drug Reform which would focus on drug crimes such as ingestion or possession and the second prison should be for violent crimes such as rape, murders, armed robberies and other sex crimes. This makes a lot more sense and could possibly help with drug addictions and repeat offenders in our state.
The only explanation I can think of for the location is that they're probably struggling to have enough staff for those kinds of jobs? I heard that in Rochester, NY the entire staff quit at one prison. So in the middle of nowhere, it would be hard to find staff to keep things running.
But I agree completely with you on the poverty and recidivism issues. Would love to be more involved with solving those issues. Economic justice has always been the core issue I care about, whether I'm at Occupy Wall Street or demonstrating against COVID lockdowns.
Let’s also work on building stronger families and secure home life for our children too.
South Dakota Voices Response: Cass, thank you so much for the email and the kind words. There are many elected officials in Lincoln County. I encourage people look at the social media pages for all of them. And to speak with all of them. At least one of them are pushing the solution that is discussed in the first paragraph of the article. The point was not to single anyone out, but for people to be aware that we still have politicians talking about a 1500 person facility (which almost the citizens agree is completely unnecessary). You will note that the article focused on wage depression caused by foreign workers (putting people into poverty, which leads to crime), recidivism (almost everyone in the system has a substance abuse issue and most need skills so they can get legal work -- the numbers are in the annual DOC report), and returning out of state people to their place of residence rather than placing that burden on the people of South Dakota. It is also interesting to consider what is happening in Florida. They have a recidivism rate of about 25% and have many remote facilities (rural areas). One has to wonder if the "keep everything in a major metro area" might need to be reconsidered. Again, we love having your insights and feedback.
Email comment from CS: Hello. I really appreciate your columns and typically you are spot on. However, you are missing the point on the prison deal. NO ONE is saying move the billion dollar prison to SF citibank location - how did you interpret that? IN FACT - everyone is saying SD does not need a 1500 bed prison period. We do NOT have 1500 max security prisoners - that entire proposal did not make sense unless we suspect Noem knew she would get the homeland security appointment and move up in her washington ways and send prisoners to SD for pay.... BUT here in SD, we need opportunity, education and ESPECIALLY PRISON reform - and that you are spot on about ...KW NEEDS TO GET HER HOUSE in order - or be REPLACED. What SD prisoners need is opportunity. They need education, job training, satisfying work and a chance to be a contributing member of society. The citibank campus has sat empty for years. It would be an ideal location for classrooms, learning opportunities and low security prison. It could be modified and up and running in months vs years to build anything.... There were 2 studies done that showed improvements ACROSS the state are needed, not a billion dollar prison in one location....everyone who is speaking to the task force keeps saying - FIX WHAT WE GOT esp reducing recidivism and education - for both the prisoner and the family associated with the prisoner...AND - fixes spread jobs and opportunities across the state to benefit all instead of centralized in one location...the lincoln co site is a poor poor choice period, esp with SD winters AND massive rains - that flood every thing down stream.... You are doing a great job keeping good info going out...thank you....but maybe TALK TO THE legislator you are dissing about what he wants for prison reform...
Thank you for the work you are doing. I just watched these three short videos produced by Steve Haugaard on prison reform. They should be watched and considered.
https://youtube.com/@stevehaugaard419?si=Qk51GO9x0tKZsBxB
I agree with pretty much everything you say here. The mega-prison is one of the worst ideas ever.
Listen to the Toby doedin unfiltered podcast on this subject and it all makes a lot more sense. Some suggest it’s to have a housing facility for aliens awaiting deportation. It’s well known the existing facility at Springfield has the ability to be doubled in size with a second floor without extra work. It was built for that option in mind. All these big R republicans need to stop the games we normally see from democrats and listen to the voters. All the massaging with messaging, and purposeful accidents and the numerous expensive studies will not make a $1,000,000,000 facility more palatable.
My guess is workers could be a problem at Springfield.
It is interesting that Florida finds workers for their remote facilities and they have a much lower recidivism rate.
If they want workers, they can find them. Maybe they have to pay more. Everything management has been doing has been to sabotage that facility to favor a new one instead.
Sadly, that’s how the foreign worker has been used. Rather than raise wages, they bring in the foreign workers to keep wages artificially low.
We won’t necessarily have to bring in foreign workers to do jobs or force businesses to pay exorbitant wages And drive up the cost of living more if we weren’t paying so many able-bodied folks to do nothing. Seems like Democrats want to give out benefits freely. But then the big r Republicans allow it if they get to bring in foreign workers instead So their friends can pay slave wages to them. Both take advantage of the middle class.
Rep Muckey, It is very nice to have someone speaking directly about these issues. Thank you! I think people are frustrated and anxious because it is very challenging to get information. People are also frustrated because the meetings are at times when it is difficult to attend, especially for people who work. Maybe online would be a solution. Would Kellie might be willing to come on the blog and answer people’s questions?
Out-of-state prisoners — People are feeling frustrated because it is difficult to get accurate information. It is not comforting that the numbers are not being shared with legislators either. People who have worked in the system suggest that there are people with out of state IDs in our prisons. Would Kellie be willing to share how many out of state Federal prisoners we have and how many prisoners we have with out of state IDs? It seems like it would we helpful for people to know how much it costs to house these people and who is paying the bill.
Wage depression in combination with high inflation - This topic has been covered in a number of posts. This could be legal or illegal workers. We have discussed both on the blog. There are two links in the post that explain what is happening and why. Those links have links to other material.
Prisoner Load and Impact on Sioux Fall — Based on what we are hearing, people are feeling deceived about what is being disclosed about prison population. For purposes of transparency, it should be clearly stated that Sioux Falls will see over 600 additional prisoners (1500 new + 386 at Jamison Annex - 1283 in Sioux Falls now).
Need — There is concern that incarceration rates from the Covid period are being used to predict the future. Low income and substance abuse often lead to criminal behavior. During the Covid period unemployment was very high in South Dakota (we reviewed that data) and substance abuse and suicide skyrocketed. So we are guessing it would not be wise to use any numbers from 2020 - 2024 for predictive purposes. Could you share what data is being used for prison load predictions?
Crime — It is well documented that crime runs in families. While the stats vary based on the source, kids of incarcerated parents are often involved in crime. This study suggests 70%. Even at 50% that is a lot of people. Again, people are feeling like there is a lack of transparency and an effort to push a problem under the rug. For transparency purposes it should be disclosed that the families of prisoners are often involved in crime (something the people in D10 already know). https://imrp.dpp.uconn.edu/wp-content/uploads/sites/3351/2021/09/March-2015-Seven-out-of-ten.pdf
Filling prison jobs — Sioux Falls has the lowest unemployment rate in the country. Where will the workers come from? How will it impact other businesses in the area. Wouldn’t it make more sense to locate a prison someplace that has an employment problem rather than an area with full employment?
This whole mega prison idea needs to stop. Seeing the actions and the little news peekaboo‘s from our politicians it reeks of kickbacks and promises for them, and not the citizens of South Dakota. https://podcasts.apple.com/us/podcast/toby-doeden-unfiltered/id1782234296?i=1000681776246
Respectfully, you do understand that over 1,200 incarcerated men live in downtown Sioux Falls right now? The State Penitentiary and Jameson Annex house 1,283 inmates right here in District 15.
If the location chosen in District 15 ended up at the old Citi campus (further from downtown Sioux Falls, mind you) with a smaller footprint and more resources to improve recividism and rehabilitation, wouldn't that actually make it safer than the current facility we have today just off the heart of downtown?
If your concern is truly about recidivism and tackling poverty -- which deserves much more attention than ridiculous bills tackling social issues and put taxpayer dollars on the line for litigation -- why are you suddenly concerned about an issue of location that doesn't currently exist?
I know my constituents very well. Public safety is a priority, which is why we work closely as elected officials with our law enforcement and community resources to make sure SFPD is properly trained and staffed and a hand up is given to the homeless. Never once did I hear, knocking thousands of doors, that they're worried about the State Penitentiary being in their neighborhood. They're worried about making sure their streets are safe, neighbors and kids cared for, and our homeless given the help they need. It has absolutely nothing to do with the prison.
If we want to discuss real solutions to our recividism, I'm all ears. But be honest: we already have a prison next to downtown Sioux Falls.
Rep. Muckey, Thank you for joining us. It is nice to hear from you. Do you know how many out of state prisoners we have and when they might be able to be sent home? Do you know if we have started to address the foreign worker issue that is causing the wage depression and sending people into poverty (poverty is a big contributor to crime and incarceration)? It seems that those two items could quickly drop our prison population. I am curious if we looked at the states with the lowest recidivism. Florida is 5. I used to live there. The facilities there aren't new and many are remote and a number are much smaller. Hundreds of millions is a lot of money to ask the taxpayers of South Dakota to foot, and many people are worried that new won't change anything for them other than their tax load. Also, structures rarely change anything whether it is a textile plant, a school, or a prison. It's normally strong management and programming. I have gone door to door in a large part of D10 and several precincts in D15. I agree that crime is a huge issue with many people I met. When you have prisoners being released into a community with a 40% recidivism rate and families of prisoners in the area that adds a public safety load. Most people, at least in D10, know there are public safety issues associated with having the prison in the area. I think we could all agree that the best solution would be to get the prison population way down with better policies.
I guarantee you that this prison is being pushed for two reasons: (1) it will be a giant slush fund money grab for the corrupt pricks in Pierre and their benefactors and (2) it will be an ongoing cash cow as the government of South Dakota charges other states to take their dangerous felons. I'm amazed at just how corrupt this state is. This place is bordering on Louisiana levels of corruption.
Interesting the paradox of Louisiana is their Angola prison system, which if modeled correctly, could turn into a better way forward. Steve Haugaard and others have great ideas on this, the idea of church run, volunteer ideas of assisting those incarcerated with authentic rehabilitation, an inside out transformation that changes hearts and minds. This can be done!
I bring up a comparison with Louisiana because many years ago I lived just an hour north of New Orleans in Columbia, MS. At that time, Edwin Edwards was Governor of Louisiana. He was running for re-election and was being investigated for bribery. When interviewed, he said, "the only things that would keep me from being re-elected would be if I were caught in bed with a dead girl or a live boy." And yes, the dirtbag got re-elected!!!!
Rep Muckey, Perhaps you could provide some clarity on a couple of other things. Legislators are saying the State Pen and Jameson Annex will be retained and Sioux Falls would have that load plus the new 1500 bed facility. Also, we haven't heard anyone talking about sending the out of state prisoners home, dealing with recidivism, or dealing with the wage depression caused by foreign workers. Are those discussions happening? If so, how can people plug-in and get accurate information on what is being done in these areas?
great questions!
I'm happy to answer your questions; I'll use this response to cover both of your comments.
1) Regarding out-of-state prisoners, I assume you are referring to federal prisoners being held by the South Dakota Department of Corrections. To my knowledge, we have fewer than 10-15 federal inmates in transport at any point in time. That number isn't easy to find, even for a legislator, but it is something I can ask for. In general, I've heard many folks use the words "out-of-state" inmates as a rationale for DOC to make money off the prison system. Every look at our studies thus far, and I would assume similarly for the Prison Reset Task Force, demonstrates that the capacity estimates used to create the initial Lincoln County plan had nothing to do with taking in more inmates from out-of-state. It has to do with our own policies of incarceration, especially our "truth-in-sentencing" laws.
2) I don't like assuming too much when you say "address the foreign worker issue causing wage depression and poverty." Are you suggesting that we have illegal immigration contributing to our workforce that you want to see deported? Are you suggesting we have a migrant and refugee workforce that is experiencing wage suppression or labor trafficking? Is it both? And beyond that, whose wages are being depressed? I would need to understand what you mean by that to respond properly, because I can also see other comments being made about this being fostered by unnecessary economic development activity. I have plenty of insight I can share both as a resident in downtown and a trained economist, but I would need to understand first what you mean without making an assumption.
3) In response to your comment about a facility not making a difference, it's essential to keep something in mind. The South Dakota Legislature, prior to the Lincoln County plan, had saved funds multiple times to avoid burdening South Dakota taxpayers in the long term with the construction of a facility. HB 1025, amended this session to remove the construction authorization and transfer funds, would have aided that process. While I'm one of the last people who want to build a new prison, we also have to acknowledge that the Hill (the Penitentiary) is tens, if not hundreds, of millions of dollars out of compliance with federal regulations and is unsafe for both inmates and correctional officers. Whatever plan is achieved is extraordinarily unlikely to raise any state taxes, given the savings that have already been planned for. Location selection will then determine if there would be a local or county tax burden, but again, that is also unlikely. Knowing that savings have been set aside, our responsibility is to ensure that our Corrections system doesn't keep people in it (and should also prevent, in my opinion). However, let's be realistic: the current Hill facility is not safe. We either build a modern facility that accomplishes the goals we are all seeking, or put millions of dollars into renovations at a facility built in 1881 and not for modern practices that tackle recidivism.
4) Public safety concerns in District 15, again, have little to do with the prison. I'm not sure why you're associating crime in downtown with former inmates and their families when the vast majority of them are not from Sioux Falls. The challenges we face in downtown have more to do with homelessness, poverty, and a lack of addiction and mental healthcare resources than the State Penitentiary or Jameson Annex. Is it safe to assume that some inmates end up in downtown Sioux Falls with the help of an after-prison ministry? Absolutely, and I encourage you to do what I have and meet them. But that is also because our state doesn't fund counties for parole-in-place efforts in a way that is helpful for inmates or their families. Upon release, inmates are released to their communities of origin but frequently without resources. We're overincarcerating Native American men and women and not working to provide resources to help. Our public safety concerns in District 15 (and District 10, using your home district) have more to do with SFPD not having law enforcement officers and our local healthcare and nonprofit systems not having enough investment for prevention than it does to do with inmates released into downtown Sioux Falls.
5) If a new facility is constructed, the Jameson Annex would be retained but not the Penitentiary. I'm not sure where the information is being given that we'd retain both facilities with a new 1,500-person facility (which, also, is not a figure that's been decided on), but please understand that whatever new facility is constructed is intended to replace "the Hill", our 1881 facility that is leaps and bounds above the age of modern prison facilities in the states you've cited with lower recidivism. I'm not sure what the Hill would become -- whether torn down, a new museum, or a training facility for DOC. Whatever happens to it, the Jameson is a modern facility that can continue to be used (but not expanded upon except for a one-story increase because of FAA regulations), and if a new facility is constructed, it will replace the capacity of the Hill.
This is where I advise folks to go to the public meetings on the Prison Reset Task Force. These are opportunities to ask questions, get the information you're seeking, and engage directly with lawmakers about your concerns with this process. I've shared with folks my position time and again that we need a facility while also considering that we 1) handled the site selection process in Lincoln County poorly and 2) must consider that this is only one part of a grander process and solution set that must tackle recividism, overincarceration through statute, and a severe need for prevention and addiction services to keep folks out of prison.
I appreciate you responding to my comment and want to remind folks once more: when you say we don't need a "mega prison" in downtown Sioux Falls with 1,500 beds, remember that we already have 1,283 men incarcerated in downtown Sioux Falls with one facility overcrowded by nearly double ("the Hill").
This issue isn't simple for two reasons: we have a facility that is in dire need of replacement and we have a system that isn't built to keep people out of prison. That costs money, and we have to fix the problem in both directions.
Thank you very much. I placed a follow-up in the main thread that summarizes what we are hearing at South Dakota Voices.
The ongoing wage depression caused by foreign workers (fostered by unnecessary economic development activities) is too important a topic to be undertaken by the midwits in our legislature. Muckey is a prime example.
Midwit, here. I'm not much for getting called names, but I'll ask you: what would your suggestions be?
nice to read a sensible and articulate response from someone who really knows what he is talking about...thank you for your comment to explain further about this somewhat complicated issue.
Current State of the South Dakota Prison System
South Dakota has one of the highest incarceration rates in the U.S., with 6,500 people in prison and another 9,100 on probation or parole as of 2023, according to the Prison Policy Initiative. The state’s incarceration rate stands at 812 per 100,000 residents, surpassing any independent democratic country The prison population has surged by 550% from 1980 to 2017, largely driven by policies targeting nonviolent offenses, especially drug-related crimes.
Key Issues Highlighting the Need for Revamping
1. High Incarceration Rates and Overcrowding
South Dakota’s prison population grew by 12% between 2021 and 2023, despite a brief decline at the start of the COVID-19 pandemic. Facilities like the women’s prison in Pierre are severely overcrowded, as noted by Governor Kristi Noem in 2021, and the South Dakota State Penitentiary in Sioux Falls, built in 1881, lacks modern programming space and accessibility for staff. This overcrowding hampers the ability to provide adequate services and increases tension within facilities.
2. Drug-Related Incarceration
South Dakota’s stringent drug laws contribute significantly to its prison population. It is the only state that classifies ingestion of a controlled substance as a felony, effectively criminalizing addiction. In 2015, one in three people in state prisons were there for drug possession, a rise from 2014 driven by ingestion charges This approach not only fuels incarceration but also exacerbates racial disparities, as marginalized communities are more likely to be targeted.
3. Inadequate Rehabilitation and High Recidivism
The lack of rehabilitation programs contributes to high recidivism rates. Many inmates don’t receive sufficient treatment for underlying issues like substance abuse, despite nearly half of arrests being drug or alcohol-related. Technical probation and parole violations—such as minor infractions or substance use—account for 76% of probation revocations and 89% of parole revocations, often resulting in re-incarceration rather than support. Inmates like Sam Lint, speaking at a 2025 prison reform meeting, highlighted that classrooms in facilities sit empty, indicating a missed opportunity for education and skill-building.
4. Outdated Infrastructure and Staffing Challenges
The physical state of South Dakota’s prisons is a major concern. The 1881 penitentiary in Sioux Falls is outdated, with lawmakers like Rep. Linda Duba describing it as a “lock them away and leave them there” facility. Overcrowding limits the ability to offer programs like job training or substance abuse treatment, as noted by Department of Corrections Secretary Kellie Wasko. Staffing shortages further compound the issue, with Governor Noem announcing an 11.7% pay increase for correctional staff in 2021 to improve retention.
5. Financial Burden and Misallocated Resources
In 2017, South Dakota spent $98 million from its general fund on corrections, 6% of its budget. A proposed $825 million men’s prison in Lincoln County, which would be the most expensive taxpayer-funded project in state history, has sparked this debate. Critics, including former warden Doug Weber, argue it would create a “1,500-bed human warehouse” that fails to address inmates’ diverse needs, such as mental health or rehabilitation. Redirecting funds to community programs or education could be more effective, as research shows every dollar spent on prison education saves four to five dollars on re-incarceration costs.
6. Health Care and Mental Health Deficiencies
South Dakota has been court-ordered to address deficiencies in its prison healthcare system, which struggles to meet inmates’ medical needs. Mental health care is also inadequate. A 2021 oversight council report noted a backlog in mental health competency evaluations, with the state failing to meet its 21-day evaluation timeline due to staffing shortages at the Human Services Center (HSC). Limited community-based mental health options often result in incarceration rather than treatment for those with mental health needs.
Proposed Reforms to Revamp the System
To address these issues, South Dakota needs a comprehensive overhaul that prioritizes rehabilitation, equity, and efficient resource use. Here are some evidence-based reforms:
1. Reform Drug Laws and Expand Treatment
South Dakota should consider reducing the penalty for ingestion of a controlled substance from a felony to a misdemeanor. This change could redirect resources toward diversion programs, such as drug courts and community-based treatment, which have proven effective in other contexts. For example, South Dakota’s juvenile justice reforms reduced youth commitments by 63% between 2014 and 2018 by focusing on alternatives. Education programs in prisons also reduce recidivism by 43%, according to the U.S. Department of Justice.
2. Address Racial Disparities
The state should implement reforms to reduce disproportionate arrests and sentencing of Native Americans and Black individuals. Investing in community resources like education, housing, and mental health services in marginalized areas can prevent justice system involvement, as suggested by the Sentencing Project. Training for law enforcement and prosecutors to address implicit bias could also help reduce disparities.
3. Modernize Infrastructure with a Rehabilitation Focus
While new facilities may be necessary, the $825 million Lincoln County proposal has been rightly criticized for prioritizing capacity over rehabilitation. South Dakota could adopt a model like North Dakota’s, which, inspired by Norway’s humane prison system, saw a 6.5% drop in its prison population by 2018 through reforms emphasizing mutual respect and rehabilitation. Building smaller, multi-custody facilities with space for education, job training, and mental health treatment, as suggested by former warden Doug Weber, would better serve inmates’ needs Governor Noem’s $60 million investment in a women’s work center in Rapid City, signed in 2023, is a step forward but must include robust programming.
4. Reform Probation and Parole Practices
South Dakota should revise its probation and parole systems to avoid re-incarceration for technical violations like minor infractions or substance use. Instead, the focus should be on support services such as counseling or treatment. States like New Jersey have successfully reduced prison populations by prioritizing public health over punishment for minor violations.
5. Improve Mental Health and Healthcare Access
The state must comply with its court mandate to improve prison healthcare by increasing funding and staffing for medical services. Expanding community-based mental health options, as recommended by the 2021 mental health oversight council, would reduce reliance on the HSC and prevent unnecessary incarceration of those with mental health needs. North Dakota’s Justice Reinvestment approach, which invests in community-based behavioral health services, offers a model for South Dakota.
6. Support Reentry and Reduce Recidivism
South Dakota releases over 71,000 people from prisons and jails annually but provides limited reentry support. Expanding programs like the precision machining program at the Women’s Center of Opportunity, which graduated nine women in 2021, can equip inmates with skills for employment. Legislation like Michigan’s Clean Slate laws, which automatically expunge certain convictions after a set period, could reduce barriers to employment and housing. Restoring access to Pell Grants for incarcerated individuals, as advocated by Prison Fellowship, would further support education and reduce recidivism .
Critical Examination of the Establishment Narrative
The establishment narrative, led by figures like Governor Noem and Secretary Wasko, emphasizes building new facilities to address overcrowding. While infrastructure upgrades are needed, this approach risks perpetuating mass incarceration by focusing on capacity rather than rehabilitation. Critics like Doug Weber argue that a large prison doesn’t meet inmates’ diverse needs, such as mental health support or job training, and may simply warehouse people without addressing recidivism. The 2013 Public Safety Improvement Act, which temporarily slowed prison growth, shows that reform is possible, but recent laws limiting parole for violent offenders suggest a return to “tough on crime” policies that may undermine progress. A more balanced approach would prioritize reducing the prison population through rehabilitation and community investment, rather than just expanding facilities.
Final Thoughts
South Dakota’s prison system requires a thorough revamp to address its high incarceration rates, racial disparities, outdated infrastructure, and lack of rehabilitation. Reforms should focus on decriminalizing minor drug offenses, addressing systemic inequities, modernizing facilities with a rehabilitation-first approach, reforming probation practices, improving mental health care, and supporting reentry. These changes could reduce the prison population, save taxpayer money, and create a more just system, drawing on successful models like North Dakota’s Norwegian-inspired reforms. Plenty to do here without the need for a mega prison.
Why dont you answer her questions sir?
Hi Mary, I just did. Thank you for asking.
Yep!
Again, I wonder what part of NO does a politician have a hard time with... the N? Or the O? or does, perhaps putting those 2 letters together kick in their dyslexia (and arrogance)?
LOL
You are right on, we need to stop the crime in our state, we need less prisons, they are not changing the world with them, but i feel making it worse. If it wasn't such a great place to go maybe there would be less crime. Fix the drug problem, lets see how many killings, robberies, traffic deaths are caused with drugs/alcohol, Lets put God back into our lives and see what that does!@
I'm curious if South Dakota's higher recividism percentage could be a reflection of better policing?
What is the recividism percentage of ND or WY? (States that have similar demographics to SD.)
That is an excellent question. I don't know anything about WY or ND, but I do know in 2012-2013 Florida had a very stringent system. Florida has a 25% recidivism rate. I know the prison system there is run very differently than the system in SD.
Great question. Former Speaker Steve Haugaard has done the homework on this, and primarily related to supervision when they are released. He testified to the prison reset on this question. We can solve this recidivism problem if we walk along side them with authentic rehab solutions while they are incarcerated ( for addiction, life skill trainig, etc) and better supervision when they are discharged. It can be solved!
Great points. The data from the DOC report suggests almost all the prisoners have a substance abuse issue.
You’re right most of the prison population is there for drug use/abuse I would say in a great part due to the states strict ingestion penalties let’s look at two scenarios. One you get busted with weed the other you get busted with weed laced with fentanyl which you were not aware of when you purchased it. In South Dakota, possessing less than 1 ounce of marijuana results in a Class 1 misdemeanor, with a penalty of up to 1 year in county jail and a $2,000 fine. If you possess less than 1 ounce of marijuana and test positive for fentanyl (first offense), you’d face two Class 1 misdemeanors—one for marijuana possession (up to 1 year, $2,000 fine) and one for fentanyl ingestion (up to 1 year, $2,000 fine, plus mandatory treatment)—potentially totaling 2 years in jail and $4,000 in fines, though likely concurrent at 1 year. If the marijuana is laced with fentanyl, you’d also face a Class 5 felony for fentanyl possession, with up to 5 years in state prison and a $10,000 fine, significantly escalating the penalty and long-term consequences. The key difference lies in the felony charge for fentanyl possession, which introduces state prison time and harsher impacts, versus the misdemeanor-only penalties for simple marijuana possession. We can see how this would quickly become a downward spiral, even who someone that was just partying or experimenting their entire life would be tipped over. The number of South Dakota’s incarcerated in the prison and in jails for a.k.a. drug ingestion is insane. It’s not doing anything to prove their lives or fix our communities. And no, we don’t need a damn big warehouse to keep the bad guys in. Let’s help them learn how to be good guys.
North Dakota’s 41.2% recidivism rate, slightly lower than South Dakota’s 44%, may reflect the success of its rehabilitation-focused reforms and culturally relevant reentry programs. The Standing Rock program’s emphasis on mentorship could help reduce recidivism by fostering community ties.
• Wyoming’s 33.8% rate, the lowest, might suggest effective reentry support, but the lack of detailed program data makes this uncertain. It could also result from less punitive supervision or a smaller at-risk population, it’s difficult to find data.
• South Dakota’s higher 44% rate indicates that its reentry programs are less effective, likely due to systemic barriers like strict parole policies and limited rehabilitation resources. Or South Dakota’s ingestion penalty, especially for fentanyl . While programs like the precision machining initiative show promise, they may not be scaled sufficiently to impact the broader population.
For example, in South Dakota, if you get busted for marijuana and the marijuana is laced with fentanyl, which you wouldn’t know when you bought it, you would test positive for both the weed and the fentanyl which could wind you up spending four years in prison. Even though this legislative period the South Dakota ingestion penalties were loosened a bit. It still will not actually reduce the number of people testing positive when the police give you the drug test. I guess we’ll find out once the law is enacted.
I hate to say this but if I were to give to every one who asked me for a donation, especially today when we have so many petitions we need to sign to preserve our freedoms instead of becoming a State under not so great national leader that does what he wants not what the people of our nation wnat, I'd be a few $100,000 in debt. I sincerely hope that the people who can afford to donate. does donate to as many causes as they can. That's what I do.
Well done!
I don’t understand why they don’t build two separate prisons. One prison should be a Prison For Drug Reform which would focus on drug crimes such as ingestion or possession and the second prison should be for violent crimes such as rape, murders, armed robberies and other sex crimes. This makes a lot more sense and could possibly help with drug addictions and repeat offenders in our state.
The only explanation I can think of for the location is that they're probably struggling to have enough staff for those kinds of jobs? I heard that in Rochester, NY the entire staff quit at one prison. So in the middle of nowhere, it would be hard to find staff to keep things running.
But I agree completely with you on the poverty and recidivism issues. Would love to be more involved with solving those issues. Economic justice has always been the core issue I care about, whether I'm at Occupy Wall Street or demonstrating against COVID lockdowns.
Here's a few thoughts on solutions here.
https://open.substack.com/pub/fredcarpenter204043/p/prison-taskforce-message-spirituality?utm_source=share&utm_medium=android&r=slto0