The Purpose Of SD’s Juvenile Justice System
A column by Gov. Dennis Daugaard: 

It has been three years since we reformed South Dakota’s juvenile justice system. When the legislation was passed, South Dakota had the second highest juvenile incarceration rate in the country. It was nearly three times the national average. At the same time, our juvenile violent crime arrest rate was approximately one-third of the national average. We were locking up primarily non-violent juvenile offenders.

Since this law has been in effect, we are seeing fewer juveniles committed, fewer juveniles reoffending, and success among those who are sent to functional family therapy. Since Fiscal Year 2014, new commitments to the Department of Corrections have declined 56 percent and the number of recommitments has declined by two-thirds.

Additionally, functional family therapy, which offers treatment for the entire family to address juvenile issues, is available in every single community in South Dakota. To date, 346 families have successfully completed this therapy and 88 percent of these families have reported a positive change as a result.

These reforms still support institutionalization of children who pose a risk of harm to others. Our system has always allowed for that, and the juvenile reforms did not change that. A juvenile who commits a violent crime can be committed to the Department of Corrections, and a judge can also commit a child who is found to pose a serious risk of violence.

Reserving commitments to cases of violence is in line with the national trend. Juvenile commitments to state-run facilities have been falling in almost every state in the nation over the past 18 years. Nationwide, placements fell from 40,678 in 1997 to 13,970 in 2013. In South Dakota they fell from 315 to 102, even before the 2015 passage of juvenile justice reforms.

The statutory purpose of the juvenile justice system is rehabilitation, and we must never lose that focus. I spent 20 years working at Children’s Home Society, which operates institutions for children who have suffered abuse and neglect. Often these children have behavioral problems. At Children’s Home, our priority was always to do whatever we could to return children to their families, or if that was not possible, to a foster family or adoptive family.

I know that juvenile offenders can be difficult, but we need to remain focused on what is best for them. Locking up children because they are difficult to deal with is not acceptable. Putting a child in an institution, away from the community, is incredibly disruptive to the life of a child.

Beyond violent cases, we must continue to build our capacity to treat children in their communities – near their homes, families and schools – whenever possible.  For most children, this offers the greatest chance of true rehabilitation.

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Krebs rejects vote by mail measure

PIERRE, S.D. – Today, Secretary of State Shantel Krebs announced that the petition submitted for an initiated measure allowing certain elections to be conducted through a voting-by-mail process was rejected by her office.

“An initiated measure requires 13,871 valid signatures in order to be placed on the ballot,” stated Secretary Krebs. “This initiated measure petition submitted 15,718 signatures, only 10,955 were found to be valid after the random sampling.”

(15,718 x 69.70% validity rate = 10,955 valid signatures, not meeting the 13,871 signature requirement).

A rejected petition cannot be challenged to the office of the Secretary of State, however that does not prohibit a citizen from challenging the denial of a ballot question petition in circuit court.

The remaining two ballot question petitions will be reviewed by the Secretary of State’s office in the order in which they were received.

South Dakota citizens also have the ability to submit a referendum petition concerning laws passed during the 2018 Legislative session.

For more detailed information on potential 2018 Ballot Questions, click here.

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Marty Jackley will be available to the press at the following upcoming events:

16-Mar University of South Dakota
Jackley will meet with the USD College Republicans at noon in the MUC Pit Lounge, then address law students in the afternoon.

16-Mar Sioux Falls Meet and Greet
Jackley will host homeschool students and parents at his Sioux Falls campaign office at 5:00 p.m.

20-Mar Lemmon Economic Round Table
Lemmon business and community leaders will gather for a conversation about workforce development, education, housing, and infrastructure in Perkins County and the surrounding area.

22-Mar Aurora County Lincoln Day Dinner
Jackley will be a featured speaker at the event, which begins at 5:00 p.m. at the Stumble Inn (south side Main Street) in Stickney.

23-Mar Spearfish Economic Round Table
The round table tour will continue in Spearfish Friday when Jackley meets with community and business leaders from the area.

23-Mar Belle Fourche Economic Round Table
For his second economic round table of the day, Jackley will meet with Butte County leaders in Belle Fourche.

FACT CHECK: Jackley Didn’t Create the Internet Crimes Against Children Task Force

Despite repeated claims, Marty Jackley did not create the Internet Crimes Against Children (ICAC) Task Force. ICAC was created in July 2002 and moved to the South Dakota Office of the Attorney General in May 2003.

A Department of Justice press release from October 15, 2007, announced the creation of multiple stand-alone ICAC Task Forces throughout the U.S. At this time, South Dakota’s ICAC Task Force was transitioned to a stand-alone model. To aid in the transition, the South Dakota Office of the Attorney General, in which Jackley did not serve at the time, was awarded a $250,000 grant. Marty Jackley was appointed Attorney General in 2009.

“Only in a lawyer’s office does filing a different set of paperwork for an existing entity mean you created something new,” said Justin Brasell, Kristi for Governor Campaign Manager. “South Dakotans deserve an honest accounting of what happened. Marty Jackley needs to correct the record and change his misleading TV commercial.”

From the Attorney General’s office:

Attorney General Explanation Released for Constitutional Amendment Regarding the Ability of Adults to Buy, Sell, or Rent Any Property or Service

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announced today an Attorney General Explanation for a proposed constitutional amendment has been filed with the Secretary of State. The explanation will appear on a petition that will be circulated by the sponsor of the amendment. If the sponsor obtains a sufficient number of signatures, the amendment will be placed on the ballot for the November 2020 general election.

The amendment is entitled “An initiated amendment to the South Dakota Constitution allowing people to buy, sell, or rent any property or service.”

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 amendment and a description of the legal consequences. The Attorney General Explanation is not a statement either for or against the proposed amendment.

AG Statement for Initiated Constitutional Amendment 3.16.2018 by Pat Powers on Scribd

“The full scope and effect of this amendment are unclear and will likely require judicial clarification. Among other things, a court may determine the amendment decriminalizes the possession, sale, or rental of property or services that are currently illegal under state and local laws.”

What was that I was saying the other day?

Freedom to sell pipe bombs and legalization of prostitution consequences of proposed 2020 constitutional amendment

…

So, according to the proposal, if I wanted to manufacture pipe bombs and sell them to 18-year-olds, it appears that according to the measure, I could legally do that, and the state would be barred from cooperating with the federal government to stop me.

Under this proposed constitutional amendment, I’m also reading it to potentially legalize prostitution, brothels, and selling crack.

Told you so.

McGuigan announces suspense of campaign for Attorney General

PIERRE SD – Charlie McGuigan announced his intention to suspend his campaign seeking the Republican nomination for Attorney General at the GOP’s State Convention in 2018. “After careful consideration and consultation with my family, I have decided that the stress of the campaign is not in my health’s best interest,” McGuigan said.

“Over the past year, I have had the opportunity to meet many South Dakotans and discuss the issues with them,” McGuigan stated. “I appreciate the support that has been shown to me across the State and hope the same support and consideration will be shown for my decision to suspend my campaign.”

From the Dusty Johnson for Congress Facebook page, Dusty talks about his position on abortion:

Hughes County Sheriff Mike Leidholt Endorses Jackley for Governor

PIERRE, SD: Hughes County Sheriff Mike Leidholt is one of the 62 sheriffs in South Dakota endorsing Attorney General Marty Jackley’s bid for governor.

“Ask the members of law enforcement across South Dakota why they’re supporting Marty Jackley, and they’ll tell you about his integrity, his leadership and his heart for the men and women who wear the uniform,” Leidholt said. “He’s stood beside us throughout his career as attorney general, and now we’re standing beside him in his campaign to become South Dakota’s new governor.”

Leidholt has been Hughes County sheriff for 23 years, and his experience has placed him in national leadership positions.

“Sheriff Mike Leidholt is a friend and a trusted leader in Hughes County,” Jackley said. “His work ethic and dedication led to his election as president of the National Sheriffs’ Association, and his many years of law enforcement service have earned the respect and admiration of the entire state. I’m humbled to have his endorsement.”

Leidholt’s endorsement video can be watched here:

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Just In: Washington Can Work

By Dave Rozenboom, President, First PREMIER Bank, Sioux Falls, and Chairman, South Dakota Bankers Association 

Amid all the noise, bickering and partisanship in Washington, D.C., something simple—and yet remarkable—just took place in the U.S. Senate. It’s something that everyone in South Dakota should know about and celebrate.

A bipartisan group of senators—16 Democrats and one independent, plus all Republicans present—voted to pass the first set of substantial reforms to our nation’s financial system since 2010. We have seen very few successful bipartisan policy bills on Capitol Hill in recent years. The process that led to this one heralds a possible return to a spirit of compromise and cooperation.

The bill that cleared the Senate was the result of multiple hearings, broad stakeholder input, and thoughtful negotiations between lawmakers of differing parties and views. In other words, the Senate returned to its constitutional roots, and the American people are the beneficiaries.

As Senate leaders work with the House to get this bill to the president’s desk for his signature—South Dakotans should be thanking the lawmakers who made it happen, especially Senators Mike Rounds and John Thune. Their support was critical to moving this legislation forward.

We thank Sen. Rounds, who co-sponsored the legislation, successfully staking out the middle ground and helping build support for the overwhelming majority this bill secured. He is showing that Congress can get things done when lawmakers of different parties put aside politics and work together to solve real problems.

And we also thank Sen. Thune, who supported this bill on the floor and ignored the barrage of false claims from critics who would prefer to never improve rules that clearly weren’t working as intended.

Why should voters in South Dakota care about this unusual moment of unity? Well, the bill is full of commonsense, targeted regulatory reforms that will help South Dakota’s banks better serve our customers and communities. It will open doors of opportunity for Americans.

For example, the bill makes tangible improvements that will streamline the mortgage process and free up credit to help banks get deserving borrowers into new homes with the right kind of mortgage. It will help small business owners get loans to expand and hire more employees. And it will help bankers devote more time to front-line customer service, rather than spending hours each day working to comply with federal regulations that were supposed to apply only to far bigger, more complex banks. Importantly, regulators agree these changes can take place while still preserving safety and soundness.

Consumers, business owners and bankers have been saying for years that there are too many regulatory impediments to growth in their communities. The 67 senators who voted for this bipartisan compromise deserve credit for listening and responding. Their support for this bill will help fuel economic growth and job creation in communities across the country.

Our country has many other challenges ahead. If bipartisan action can produce meaningful changes to our financial regulatory architecture—especially in a way that helps South Dakota—there is no reason that Congress cannot tackle other tough issues as well.

We look forward to the House building on the solid bipartisanship that achieved this important victory in the Senate, and the President signing this into law soon. And thanks again to South Dakota’s senators for leading the way and showing that Washington can still work on behalf of the American people.

About the South Dakota Bankers Association

The SDBA is the professional and trade association for South Dakota’s financial-services industry. Established in 1884, the SDBA’s mission is to help provide banks the opportunity to be the preeminent providers of financial services in the state. For more information about the SDBA visit www.sdba.com.

Delegation Presses Veterans Affairs Secretary on Future of Hot Springs Facility

WASHINGTON — U.S. Sens. John Thune (R-S.D.) and Mike Rounds (R-S.D.) and U.S. Rep. Kristi Noem (R-S.D.) today sent a letter to U.S. Department of Veterans Affairs (VA) Secretary David Shulkin expressing continued concern with the VA’s misguided intention to realign services within the VA Black Hills Health Care System and halt any associated reduction in services at the Hot Springs facility until a national review of the VA’s footprint and delivery of care is completed. The delegation also requested that the secretary consider designating Hot Springs as a post-traumatic stress disorder Center of Excellence and encouraged him to visit the facility.

“In order to restore confidence within the veteran community and uphold our solemn commitment to their care, we ask that you support steps to remediate the decline in quality factors at the Hot Springs VA, as well as consider its designation as a Post-Traumatic Stress Disorder Center of Excellence,” the delegation wrote. “The success stories of the Hot Springs domiciliary program speak for themselves, and we ask that you visit the campus to see first-hand the environment of healing fostered in Hot Springs. We believe a visit to Hot Springs would also prove informative as you contemplate the broader question of realignment, and we would be happy to help facilitate a meeting with local stakeholders.”

In May 2017, the delegation met with Secretary Shulkin in Washington, D.C., and encouraged him to reverse former VA Secretary Robert McDonald’s decision to realign services within the Black Hills.

Full text of the letter can be found below.

Dear Secretary Shulkin,

We write to request an update of your review of the Department of Veterans Affairs (VA) footprint and transition to a quality and outcome-based system.  When you met with the South Dakota Congressional delegation last May, you discussed shifting to a quality-based system that would maintain services at facilities with top patient outcomes, while relying on community care in instances where the VA is not adequately meeting veteran needs.  Accordingly, you said you would review the previous administration’s Record of Decision concerning the realignment of services within the VA Black Hills Health Care System and halt any associated reduction in services at the Hot Springs VA until you completed a national review of the VA’s footprint and delivery of care.  We would like to reiterate our support for the tremendous care provided by the Hot Springs VA and again express our concern that the VA’s misguided intention to realign services will deny veterans the care they have selflessly earned, especially those in inpatient post-traumatic stress and addictive disorders services.

As we discussed, the VA Strategic Analytics for Improvement and Learning Value Model (SAIL) data first released byUSA Today on December 7, 2016, indicated the Hot Springs and Fort Meade VAs were two of only 16 five-star facilities in the third quarter of 2016.^[1]  The Hot Springs VA was also one of 14 that was also rated a five-star facility in the fourth quarter of 2015.  We believe that this stellar performance should have given the VA pause before signing the Record of Decision to significantly reduce the services there.  Unfortunately, subsequent quality of care ratings downgraded the Hot Springs VA to a four-star facility on September 30, 2016, and to a two-star facility on September 30, 2017.^[2]  We are concerned that this precipitous drop was a direct result of the continued uncertainty surrounding the facility’s future and subsequent hiring challenges, which have persisted at the hand of the VA.

In order to restore confidence within the veteran community and uphold our solemn commitment to their care, we ask that you support steps to remediate the decline in quality factors at the Hot Springs VA, as well as consider its designation as a Post-Traumatic Stress Disorder Center of Excellence.  The success stories of the Hot Springs domiciliary program speak for themselves, and we ask that you consider visiting the campus to see first-hand the environment of healing fostered in Hot Springs.  We believe a visit to Hot Springs would also prove informative as you contemplate the broader question of realignment.

We appreciate your continued engagement on this matter and look forward to continuing the discussion on how we can best provide for our veterans.

Sincerely,

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