Two years after implementing a stringent sentencing law, South Dakota is facing the financial implications of its criminal justice policies. Housing thousands of additional inmates may necessitate an investment of up to $2 billion to construct new prison facilities over the next decade. This staggering figure poses a challenge for a state with one of the smallest populations in the United States.
Consultants forecast a 34% increase in the inmate population due to the state's tough-on-crime legislation, which contrasts with the nationwide trend of declining crime rates. Bob Libal, a senior campaign strategist at The Sentencing Project, emphasized the irony of investing heavily in prisons during a period of falling crime. He pointed out that many Democratic-led states are working on initiatives to close prisons and reduce inmate counts, but such reforms face significant resistance in Republican-majority regions like South Dakota.
State lawmakers have initiated a $600 million fund aimed at replacing the overcrowded South Dakota State Penitentiary in Sioux Falls, a project that has become one of the most expensive taxpayer-funded endeavors in the state's history. However, experts predict that more prison capacity will likely be required, with Arrington Watkins Architects estimating the need for 3,300 additional beds to accommodate the projected growth. The costs are driven by the necessity for facilities that cater to varying security levels based on the inmate population's needs.
Concerns regarding overcrowding were first raised four years ago, coinciding with available COVID-19 relief funds. Despite discussions around building a new penitentiary, disagreements about its location and size have stalled progress. A task force established by Republican Governor Larry Rhoden is expected to determine the future of the state’s prison facilities, yet proposals regarding the cost have sparked skepticism among lawmakers. Very few have proposed altering the existing criminal justice laws that contribute to the growing incarceration rates.
South Dakota’s incarceration rate stands at 370 per 100,000 people, markedly higher than neighboring states like Minnesota and North Dakota, which register rates below 250 per 100,000. A major contributor to this rising inmate population is a law enacted in 2023 that mandates certain violent offenders to serve their entire sentences before being eligible for parole. Technical violations, such as missed appointments or failed drug tests, account for the majority of re-incarcerations, with nearly half of prison admissions in 2024 stemming from returning parolees.
Ryan Kolbeck, a criminal defense attorney in Sioux Falls, attributes the high recidivism rates among parolees, in part, to inadequate support for individuals suffering from substance abuse within the prison system. He noted a lack of programs that assist inmates in becoming better prepared for life after incarceration. The state also grapples with significant racial disparities, with Native Americans—who make up roughly 10% of the state population—constituting 35% of those incarcerated, according to the Prison Policy Initiative.
Although South Dakota legislators have been vocal about the issues related to prison overcrowding, they remain hesitant to reconsider their strict enforcement policies. A significant challenge was the passage of legislation reducing the penalties for controlled substance ingestion, which took years of advocacy to achieve. Former penitentiary warden Darin Young highlighted the necessity of not just upgrading prison facilities, but also investing $300 million into addiction and mental health treatment to address the root causes of incarceration.
There is a consensus among criminal justice experts that without significant policy reforms, any new prison capacity will ultimately be insufficient. Kolbeck warned that increased prison capacity may provide temporary relief but would quickly fill again under the current legislative framework.
