Northern Plains News: Opinion: Winners and Losers in South Dakota’s $650 Million Prison Plan

Opinion: Winners and Losers in South Dakota’s $650 Million Prison Plan

Gov. Larry Rhoden secured legislative approval for a new state penitentiary, reshaping the debate over transparency, rehabilitation, and political positioning in Pierre
by Northern Plains News, LLC

By Todd Epp, Northern Plains News

Whether you agree or disagree with the South Dakota Legislature’s approval of Gov. Larry Rhoden’s $650 million men’s prison plan, Tuesday’s legislative session had some winners and losers.

WINNER: Gov. Larry Rhoden: Rhoden took former Gov. Kristi Noem’s dead-in-the-water prison plan, which apparently was widely opposed, and got it across the finish line with a better location and a lower price. He likely enhanced his standing should he finally decide to toss his cowboy hat in the Republican nomination for governor.

WINNER: Transparency in Government: While Noem conducted most of her prison plan behind closed doors, not notifying legislators, county commissioners, or the public, Rhoden took a refreshing approach. He appointed a task force that met in public, took public testimony (including testimony from an incarcerated individual), solicited community input to express interest in the new facility, and reached a unanimous agreement on the measure that eventually passed.

LOSERS: Speaker Jon Hansen and Speaker Pro Tem Karla Lems: Both were members of the prison task force. Both voted for the proposal that the legislature considered as task force members, but voted against it on the House floor. Hansen’s “September Surprise” on Monday, the day before the special session, about the state funding prisoner transgender transitions, was a direct attempt to derail the measure. The state must provide such care until the federal courts determine otherwise. If it was an attempt by the Hansen/Lems GOP gubernatorial team to embarrass Rhoden, it failed. It only served to make Rhoden look more statesman-like.

WINNER: Better Rehabilitation Programs for Inmates: Typically, state legislators want to be “tough on crime” and pass bills that felonize more crimes. Which, of course, helps fill up the prison system. But almost to a person, legislators for and against the prison talked about the need for much greater efforts to rehabilitate inmates, give them job skills and addiction treatment, and reduce the state’s high recidivism rate. Rhoden appointed another task force on rehabilitation on the heels of the passage of the prison bill. We’ll see if the desire for more rehabilitation versus punishment is sustainable—and funded– in the halls of Pierre.

LOSERS: Current Inmates and Staff at “The Hill”: The Rhoden administration has announced that it will take four years to build, with projected completion in 2029, of the new 1,500-bed prison in northeast South Dakota. That means inmates and correctional staff will continue to be in a nearly 150-year-old prison not designed for safety or rehabilitation. Some legislators said staff want tactical training and equipment to keep them safe. The bill that passed did not address any current correctional needs.

WINNERS? LOSERS?: South Dakota Taxpayers: On the plus side: the new prison will save millions of dollars because the state will not have to pay interest on bonds. Also, the new facility should be more secure to protect the public from particularly dangerous criminals. On the downside: The measure will still require some state funding from the “rainy day” fund. Also, it’s estimated it will cost $30 million a year to operate the new facility. Maybe this is a TBD.

ON THE SIDELINES: GOP Gubernatorial Candidates Toby Doeden and Rep. Dusty Johnson: The businessman and the U.S. Congressman largely stayed out of the prison fracas. So, they didn’t say anything regrettable. However, they also failed to gain traction on the prison issue.

If we’ve learned anything about politics and legislating, there are almost always unforeseen consequences of such a major decision. What will that be? Watch this space.