Governor Daugaard’s Weekly Column: Update On The Tribal Pilot Parole Program

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Update On The Tribal Pilot Parole Program
A column by Gov. Dennis Daugaard:

Daugaard This week I had the honor of speaking about South Dakota’s criminal justice system at a policy briefing on Capitol Hill. I talked with policymakers about the process we undertook to study our growing prison population and the criminal justice reforms we adopted in 2013. I encouraged those who attended to look to South Dakota as they consider making similar reforms at the federal level.

It was an easy pitch because the reforms we’ve adopted in South Dakota are already bringing positive results. Our prison population is lower than what was projected; we haven’t had to construct a new state prison; and the tribal pilot parole program we put in place last year has been effective.

Nearly 30 percent of the inmates in the state prison system are Native American. More than half of parolees who abscond from the state parole supervision are Native Americans. In many of these cases, the absconders are returning to one of the reservations, where they often have homes and families. Unfortunately, because the state lacks jurisdiction on the reservations, state parole agents can no longer supervise parolees who return to a reservation.

The tribal pilot parole program was enacted one year ago as an agreement between the state of South Dakota and the Sisseton Wahpeton Oyate. Under the program, the tribe supervises enrolled tribal members who want to return to the Lake Traverse Reservation while on parole.

The state provides the training and funding for a tribal parole agent to supervise parolees on the reservation under the same parole system that state agents use. This system applies swift, certain and proportionate sanctions for misbehavior, along with incentives for compliance. These evidence-based practices have been shown to reduce the risk that a parolee will return to the penitentiary.

As a part of the pilot program, a tribal wellness team meets regularly to provide support for the parolees in the program. The team includes individuals who work in a number of different areas including mental health, tribal law enforcement, drug and alcohol treatment, housing, and veteran’s affairs. If a participant violates parole, the wellness team reviews the individual’s case and determines the most appropriate sanctions. They take the risks and needs of each violator into consideration, and apply the penalties which are most likely to change behavior.

So far the results of the pilot program have been very promising. In the first year, 95 percent of the offenders in the tribal parole pilot did not abscond or have a parole violation report submitted. Nearly 70 percent went without a sanction due to a rule violation. No offenders were returned to prison because of a new conviction and only one offender was returned to prison due to a technical violation.

In its first year, the parole program with Sisseton Wahpeton has been a success. The pilot has led to smoother transitions for Native American parolees and restoration for tribal families. If the tribal pilot parole program continues to be successful, we’ll have the opportunity to expand it to other reservations.

Of all things undertaken in my four and a half years as Governor, the Public Safety Improvement Act is one of the efforts of which I am most proud. Through the tribal pilot parole program and other programs under the law, we are not only improving public safety and reducing spending, but holding offenders more accountable and improving lives.

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Legislators are back advocating for criminals instead of victims.

The Argus Leader has a story out there today where, once again, we have Republican legislators who have their priorities backwards. 

Because they’re out there advocating to make life easier for criminals, as opposed to victims:

State Sen. Craig Tieszen, R-Rapid City, is among those who thinks the next criminal justice reform should include a discussion of how to help people leaving prison as a way to prevent them from returning.

“These people should have an opportunity to re-enter the workforce,” Tieszen said. “Obviously, they won’t be automatically hired, but they deserve equal opportunity to re-enter the workforce.”

Tieszen, who recently advocated for legislation to restore ex-convicts’ voting rights, said the state could use a “ban the box” law.

And…

We’re just locking people up and shaming them. … It’s a broken system, and South Dakota I think is a good place to experiment with change,” Hickey said. “I believe the best way to help them is to treat them as human beings.”

Read it all here.

If some of these guys spent as much time working to ensure crime victims were made whole, and criminals were held to full account for the damage they do to people’s lives, I might be more sympathetic.

But they don’t. They spend an inordinate amount of time trying to make the criminal whole, as opposed to the people whom they might have damaged along the way.

Until victims are restored, criminals should not expect to participate fully in society.

It is a privilege that should be earned. Not handed back.

Representative May responds to post

Representative May responded to our post below on the issues she expressed with the Blue Ribbon Task Force on Education, and I thought it was worth bringing up to a top level post for discussion. (No changes to the text, but I did add some paragraph formatting to the text for readability):

    1. Liz May
      I can’t believe I’m on a “Blog” but since it was brought to my email box I’ve decided to respond and use my “Real” name.
      The State of South Dakota along with the rest of the country wanted out of “No Child Left Behind” The Feds. offered a RTT Grant that States could apply for. South Dakota applied for the RTT Grant with no guarantees that they would receive it. Upon applyiing for the grant they were required to entered into a contract for CCSS. South Dakota DID NOT receive the RTT Grant, but now were required to implement CCSS. With the implementation of CCSS it came at a high cost. Since there was no money that came through the RTT Grant the state was now on the hook to pay for the updates. These facts were held back from the citizens of SD.
      I’ve been asking for 3 years “What the financial consequences are for implementation of CCSS to no avail.”Fast forward to 2015 Legislative Session and SB53. The Gov. and Dept. of Education had no intentions nor could they pay for the technology and assessments without political consequences. So what they did is used SB53 to pass the cost on to the local districts.
      You might wonder why would any legislator support such a move. Well, they wrote the bill to include the technology/assessments and to get the votes needed they threw the sparsity into the bill. Legislators that had areas of sparsity in their district were scared that they would loose the funding. Sparsity had always been part of the Cutler/Gabriel Formula. That’s the background on CCSS adoption so let’s move on to the arguement. Under CCSS teachers can use 15% of outside material (not associated with CCSS) in the classroom.
      The problem with using outside material or teaching in a different manner is CC is based on the results for SBAC. (Teachers are evaluted based on SBAC results) If you were a teacher would you add material or alternative’s to adding 2+2 that students will not be tested on? See that’s the problem, teachers are not allowed to deviate away from the curriculum without suffering the consequences of retaliation. Local school boards have no other alternative in what standards, curriculum and assessments they use. There is currently only 3 text book companies and they all align to CCSS.
      So the idea that CCSS is a free, transparent and locally controlled way to educate is a fadrication sold to you by none other than Bill Gates, unelected bureaucrats and companies that are making millions of dollars of the backs of our chilldren.
      On a side note, schools districts such as Rapid City who are under financial distress/loosing teachers are a direct result of the technology/assessment mandates. The money they’re asking for is not for teacher pay. The taxpayers are once again required to pay for something that is unproven and our children are being used as guinea pigs. This new Blue Ribbon Taskforce is an affront to everything we stand for in South Dakota. The new “rules” handed out to legislators in an email from the governor’s office should spark outrage all across the state. In South Dakota the legislature is tasked with in my view the most important job of any society, The education of our children.
      However, in recent years, the bureaucrats, along with the full cooperation of the education committee chairs, have shut elected official and the public out of the discussion.
      Only those who are willing to submit to the executive branches’ mandates without question are given any voice. I I ran to serve the citizens of District 27 and all citizens of South Dakota. I was not elected by bureaucrats and the Governor. The way legislators are push aside is nothing short of draconian.
      As citizens, you don’t have to agree with my ideas on education. The issue at play here is that if you find my policy prescriptions ineffective you have recourse as is your God given right. Get me out of office. However, our current administration has found the silly notion of elected officials to be cumbersome and an obstacle to their current agenda.

Read the original text here.

Senate Passes Bipartisan Surface Transportation Board Reforms

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Senate Passes Bipartisan Surface Transportation Board Reforms

“Passage of my bipartisan legislation will make the STB more accountable and effective in addressing rail rate and service disputes.”

WASHINGTON, D.C.U.S. Sen. John Thune (R-S.D.), the lead sponsor of S. 808, the Surface Transportation Board (STB) Reauthorization Act of 2015, issued the following statement on the bill’s approval by the U.S. Senate last night by unanimous consent: 

“Nearly 20 years ago, Congress established the Surface Transportation Board to oversee our nation’s freight railroad system. Passage of my bipartisan legislation will make the STB more accountable and effective in addressing rail rate and service disputes. The severe rail backlogs and service delays that began at the end of 2013 and extended through 2014 are a reminder of just how vital our nation’s rail system is for agricultural producers in South Dakota as well as many other sectors of the U.S. economy. This legislation was the result of working with a host of stakeholders across the country to find agreement on reforms that will benefit shippers and railroads alike. I appreciate the efforts of my colleagues on the Commerce Committee including the ranking Democrat, Sen. Bill Nelson of Florida, for working to pass this legislation. I look forward to seeing these common sense reforms signed into law this Congress.”

Highlights of S. 808:

  • Improves the STB’s current dispute resolution process by setting timelines for rate reviews and expanding voluntary arbitration procedures to address both rate and service disputes;
  • Ensures the STB has the authority to proactively resolve problems before they escalate into larger disputes by providing the STB with the ability to initiate investigations on matters other than rate cases; and
  • Improves the STB’s structure and decision making processes by expanding the board membership from three to five and, with proper disclosure, allowing board members to talk with one another.

The Senate Commerce Committee approved the bill by voice vote on March 25, 2015.

The STB is the federal regulatory body responsible for economic oversight of the nation’s freight rail system. Run by a three-member bipartisan board, the agency has regulatory jurisdiction over railroad rates, mergers, line acquisitions, new rail-line construction, line abandonment, and other rail issues. The STB was created by Congress in 1996 as the successor to the Interstate Commerce Commission. Since that time, the STB has not been reauthorized or substantively reformed.

Thune serves as chairman of the Commerce, Science, and Transportation Committee, which has jurisdiction over our nation’s freight and passenger railroads, and is a member of the Senate Agriculture Committee. In addition, Thune previously served as South Dakota State Railroad Director under former Governor George S. Mickelson from 1991-1993. At Thune’s request, the U.S. Department of Agriculture issued a report earlier this year that concluded the rail backlog in 2013 and 2014 lowered corn, wheat, and soybean prices in the Upper Midwest and caused shippers to pay record-high railcar premiums, 28 to 150 percent above the average previous levels for roughly 65 consecutive weeks.

Click here for a copy of S. 808.

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S.D. Attorney General Explanation for Initiative Measure Relating to Maximum Finance Charges Upheld

S.D. Attorney General Explanation for Initiative Measure Relating to Maximum Finance Charges Upheld

PIERRE, S.D.- Attorney General Marty Jackley announced today Circuit Judge Kathleen Trandahl has denied the request to have the Attorney General’s Office rewrite the explanation for the initiated measure relating to maximum finance charges for certain lenders. Opponents of the measure recently challenged the explanation in court. Judge Trandahl rejected their arguments and held that Jackley’s explanation was proper.

“Pursuant to South Dakota law, I have worked to provide a fair, clear, and simple summary of the proposed measure in order to assist our voters. The Court has reaffirmed the fairness of this process,” said Jackley.

Under South Dakota law, the Attorney General is responsible for preparing explanations for proposed initiated measures, referred laws, and South Dakota Constitutional Amendments. Specifically, the explanation includes a title, an objective, clear and simple summary of the purpose and effect of the proposed measure and a description of the legal consequences.

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Democratic Mayor Mike Huether may just have blown development deal 

Democratic Mayor Mike Huether may just have blown a major Sioux Falls development deal because he just can’t help trying to draw attention to himself. As noted in today’s Argus:

Last week’s unveiling of a downtown development plan left many with the impression that iconic establishment Skelly’s Pub and Grill has been sold and will be demolished as part of the $40 million project.

That’s news to Houston Haugo, the 73-year-old owner of the Phillips Avenue property, who criticized Mayor Mike Huether and other city officials for announcing details of a public-private partnership that is still under negotiation.

“There’s no deal,” Haugo said Wednesday from his home in Arizona. “No money has been exchanged and there’s no signed agreement. This was a case of the mayor and (development director) Darrin Smith overdriving their mouths.”

And..

One potential hurdle, however, is the higher price that property owners might seek if they see their buildings as crucial to the city’s development plan. That is why some are scratching their heads about what they perceive to be a premature and ill-advised announcement.

“When you’re dealing with business negotiations, you just don’t do stuff like that,” said Haugo, a former Valley Bank chairman and Lincoln County commissioner who has owned Skelly’s since 2003. “With this stupid move, I could ask for more money. But I’ve known (Sweet) a long time and we came up with a price.”

Read it all here.

One thing my mother taught me about business was that “once the deal is made, don’t talk the other guy out of it.”. In other words, if you have a agreement in principle, don’t say something stupid and blow the deal before it’s set in stone.

Advice that Huether would be wise to heed.

Attorney General Jackley to Serve as South Dakota’s First President of the National Association of Attorneys General

Attorney General Jackley to Serve as South Dakota’s First President of the
National Association of Attorneys General

PIERRE Attorney General Marty Jackley has been elected to serve as President of the National
Association of Attorneys General. The Association’s members are the Attorneys General of the 50 states,
the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, and the
territories of American Samoa, Guam, and the Virgin Islands. Mississippi Attorney General Jim Hood (D)
will serve as Past President, Connecticut Attorney General George Jepsen (D) was selected to serve as
President-Elect and Kansas Attorney General Derek Schmidt (R) was selected to serve as Vice President .
The annual meeting was held this week in California.

“I am honored to serve alongside my fellow State Attorneys General in the vital task of cooperatively
enforcing our state laws and promoting sound law enforcement policies. I recognize that I have this
opportunity to serve as the National President because of the South Dakota Attorney Gener
al Office’s
strong reputation earned by our previous Attorneys General and the dedicated men and women in our
office. Serving in a leadership position in the National Association will further assist me in addressing
important issues that directly impact South Dakota and our Nation
,” said Jackley.

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Rounds Applauds Senate Passage of NDAA Bill to Support our Troops

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Rounds Applauds Senate Passage of NDAA Bill to Support our Troops

Several of Rounds’ Provisions Included in Final Package 

WASHINGTON—U.S. Senator Mike Rounds (R-S.D.), a member of the Senate Armed Services Committee, today applauded the Senate’s passage of the bipartisan National Defense Authorization Act (NDAA) of 2016, which included a number of provisions he offered. Rounds’ provisions to protect B-1 bombers from premature retirement and improve the health care of our service members, military retirees and their families were included in the final NDAA passed by the Senate.‎

“I commend my colleagues on both sides of the aisle for coming together to pass legislation to provide our Armed Forces with the tools they need to successfully complete their missions and protect our nation,” said Rounds. “In these dangerous times for our country and the world, our troops deserve our full support.”

“I’m also pleased that five provisions I offered were included in the final NDAA. I thank my colleagues for supporting these common sense provisions.”

The NDAA also included amendments Rounds offered to help develop the Air Force’s new bomber, improve the Pentagon workforce that develops new weapons and help states and localities if they are targets of cyber-attacks.

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Thune Applauds passage of defense bill which will keep Ellsworth Air Force Base in strong position

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Thune Applauds passage of defense bill which will keep Ellsworth Air Force Base in strong position

“This bill rejects President Obama’s call for another round of BRAC closures, which would actually cost more money in the short term.”

WASHINGTON, D.C.—U.S. Sen. John Thune (R-S.D.) issued the following statement after the Senate passed bipartisan legislation, H.R. 1735, the National Defense Authorization Act:

“Passing the NDAA is welcome news for South Dakota’s active-duty military and their families, our wounded warriors, and our veterans. This reform bill provides for our nation’s heroes while simultaneously eliminating wasteful spending. Not only does it ensure that our B-1 fleet is maintained, our airmen and women are trained, and the long-range strike bomber moves forward, but this bill rejects President Obama’s call for another round of BRAC closures, which would actually cost more money in the short term.

“By allocating taxpayer dollars wisely, the NDAA provides savings in an era of tighter budgets and bolsters the readiness of our military. This bill is only one step in the process. In order to deliver this important funding to our troops, Democrats must abandon their threats of a ‘filibuster summer’ and join Senate Republicans in the appropriations process.”

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Noem Helps Introduce Legislation to Strengthen Protections for Expectant Mothers

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Noem Helps Introduce Legislation to Strengthen Protections for Expectant Mothers

Washington, D.C. – Rep. Kristi Noem today joined Rep. Tim Walberg and Sen. Lisa Murkowski in introducing the Pregnancy Discrimination Amendment Act to strengthen protections for expectant mothers in the workplace.  The legislation, which was introduced in both the House and Senate, provides much-needed protections in light of a recent Supreme Court decision, Young v. United Parcel Service, Inc., where the Justices wrote an unclear opinion related to a central provision of the Pregnancy Discrimination Act of 1978.  Because of this, further clarification of the law is needed.

“Expectant mothers ought to be given some level of flexibility during their pregnancy so they can continue working and supporting their families,” said Noem.  “I’m proud that our legislation takes a balanced approach, protecting mothers and strengthening families without imposing duplicative burdens on their employers.”

The legislation will modernize the Pregnancy Discrimination Act of 1978 by clarifying that a pregnant worker should be treated the same as a non-pregnant worker who may have a temporary disability and is therefore unable to perform certain duties.  Click here to read a PDF of the Pregnancy Discrimination Amendment Act.

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