SIOUX FALLS, S.D. (KELO) — South Dakota lawmakers approved a bill to build a new men’s 1,500-bed prison in Sioux Falls during a special session Tuesday in Pierre.
House and Senate members discussed Senate Bill 2 for several total hours on Tuesday afternoon. Both chambers needed a two-third majority to approve the bill. The House voted 51-18 with one member excused to approve the bill. The bill passed the Senate in a 24-11 vote.
Forty-seven votes were needed in the 70-seat House and 24 were needed in the 35-seat Senate. Gov. Larry Rhoden signed the bill into law Tuesday night.
The vote marks the end of more than two years of legislative discussion about a possible new men’s prison to replace the 144-year-old facility called the Hill in Sioux Falls.
Specifically, lawmakers approved a two-page bill brought at the request of Rhoden’s office. The bill, which could be amended on Tuesday by state lawmakers, calls for swapping the 320 acres in Lincoln County and purchasing 179 acres in Minnehaha County, transferring $78.7 million from the general revenue replacement fund to the incarceration construction fund, and appropriating $650 million from the incarceration construction fund (ICF) to purchase the land and construct the 1,488-bed men’s prison in northeastern Sioux Falls.
Rhoden also plans to sign an executive order establishing the Correction Rehabilitation Task Force to determine “the best path forward for expanding rehabilitation services as the state plans for a new prison.”
The need for improvements in inmate rehabilitation and programming were part of Tuesday’s discussion .
Officials have said it will take about four years to build a new prison. The plan is for construction to start next year.
KELOLAND News covered the session Tuesday in Pierre throughout the day in the story below. KELOLAND reporters Dan Santella and Bob Mercer will have additonal coverage Tuesday.
6:48 p.m. House passes prison project bill
The South Dakota House voted 51-18 to approve Senate Bill 2 which funds and authorizes a 1,500 bed $650 million men’s prison in Sioux Falls.
It will replace the 144-year-old men’s facility in Sioux Falls.
The House discussed the bill for about two hours on Tuesday afternoon.
Republican Rep. Jack Kolbeck outlined the work completed by Gov. Larry Rhoden’s Project Prison Reset Task Force which led to Tuesday’s vote. The task force unanimously agreed to recommend a $650 million prison project with 1,200 beds at multi custody and 300 dorm beds in Sioux Falls.
“The proposal before you is the right thing to do,” Kolbeck said.
Task force member Republican Rep. Scott Odenbach said he wanted to delay the original prison plan of $825 million. During that delay he and other officials listened to law enforcement officials who know more than he does on this issue, Odenbach said.
Delaying resulted in a new location, a new plan, a new location, a new state Department of Corrections Secretary and a new lower price, Odenbach said. For those who had issues with those factors, these are wins, Odenbach said.
Rhoden shared DOC Kellie Wasko’s planned October resignation in early September.
“This not a policy bill. This bill is about whether we allow people to live in a crumbling 1880s building,” Democrat Rep. Kadyn Wittman said. Wittman also said if lawmakers are serious about rehabilitation and reentry, she is committed to work with other lawmakers on those programs and policies.
Republican Rep. Liz May said policy had been mentioned multiple times on Tuesday.
May stressed that SB2 is not about DOC or prison policy but about construction. Policy needs to be addressed in the upcoming legislative session and she said, based on comments on Tuesday, policy and program discussions will get a lot of support in the next legislative session.
Also, property taxes and ICF money are two different buckets, May said.
The state has been saving money for five years for this new prison project, May said. She was a member of the appropriations committee the incarceration construction fund or ICF.
May said it was House appropriators that kept this proposed prison project in check and put money where it needed to be for certain reasons. It is fiscally responsible and she supports SB2.
Although she likes the site along Benson Road in Sioux Falls, Republican Rep. Bobbi Andera said reform is needed before the prison is built. Andera said the existing prison has “aborherrent” conditions but would not support a new project because of the financial risk.
Republican Rep. Phil Jensen said the state could enter a recession and $650 million was too much money. He cited, not by name, the October resignation departure of DOC Secretary Kellie Wasko as a reason to wait on the project. The state should get input from a new DOC secretary, Jensen said.
“Why is there an incredible rush to get this over the finish line,” Jensen said, when programs to help inmates need to be restored and developed.
Republican Rep. Tim Riesch said the existing prison doesn’t have the space for needed rehabilitation. The state has an obligation to provide services for inmates to prepare them for re-entry, Reisch said.
Reisch cited his time as the DOC Secretary under three governors in the state and that is concerned about conditions for staff and inmates.
Several months ago, Republican Rep. John Hughes said he was opposed to a new men’s prison.
“So much has changed since that time,” Hughes said of when he rejected an $825 million prison project several months ago. Hughes cited the guaranteed maximum price and the contractor at risk that is financially liable for any costs over the GMP.
The prison project is like building a new house with money in the bank, Hughes said. The process requires public bidding.
Republican Rep. Josephine Garcia said the $650 million prison is insulting to taxpayers. Garcia said the DOC is pushing a transgender agenda which is not in line with South Dakota values. Also, she said she is concerned the new prison could take prisoners from other states or from the federal level.
A no vote is disrepectful to those who work at the men’s prison, Hughes said. A smarter approach is to build a modern facility with additional space for rehabilitative programming, Hughes said.
Republican Rep. Karla Lems said all are concerned about the safety of the staff in the existing men’s prison. Lems said there was ” a lot of good things” to come out of the task force but the prison plan is too soon. The state needs to wait until the summer task force on incarceration programming has completed its work, Lems said.
“I do not see the need to vote (yes) today,” Lems said.
Republican Rep. Mike Derby said as chairman of the joint appropriations committee one of his tasks is to be financially responsible with state money. He supports SB2 because of the cost savings from the original $825 million project and not compromising needed size.
Expanding existing facilities is not financially responsible, Derby said. Also the existing prison is outdated, he said.
The state can’t “limp along with its current facility. The risk is too great,” Derby said.
“You might not want but I’m here to tell you, it’s a need,” Derby said.
Repubican Rep. Peri Pourier said nearly 50% of the prison population comes from Native lands in the state. Pourier told a story of giving a woman a meal and her earings who then told Pourier that she wanted to get her “act” together. Pourier said she could guarantee that woman had been in prison.
“We’re here about to make this huge decision,” Pourier said. Pourier said she worries that rehabilitation discussion will be lost and forgotten in the future if a prison is built. Pourier said she would be voting no.
Rehabilitation of inmates can’t be done in an unsafe environment, Republican Rep. Brian Mulder said. The existing prison is outdated and unsafe, he said.
He had been opposed to the $825 million prison project and he had many concerns, Mulder said.
His concerns about size, programming and programing space were answered during his task force work, Mulder said. This prison plan provides a modern prison which has space for needed programming, he said.
“The ones who have the greatest risk of re-offending,” Democrat Rep. Erin Healy said. The new facility creates new safe space for rehabilitation, she said. “We can’t just rehabilitate people in minimum security,” Healy said.
Republican Rep. Jana Hunt said the state neeeds to prioritize and this $650 million prison should not be a priority.
Her yes vote is about building trust and bridges with the system, Republican Rep. Tesa Schwans said.
Originally, she would have voted no and as she learned more about recidivism, programming and a lack of communication within state agencies, she had her doubts. But she said construction of a new prison is a step toward improving the prison system and communication with state agencies and also, tribal reservations.
“Let’s move forward not just with bricks and glass but with commitment and courage,” Schwans said.
The existing facility can’t service enough of the inmates who need it, Republican Rep. William Shorma said. The state will visit policy and education of inmates in the 100 years of the new facility, he said.
It’s not about programs and policies or the new prison, the state needs to do both, Shorma said.
Republican Rep. Dylan Jordan said the $650 million project should be rejected. He cited increases in property taxes as one reason.
Hughes had said earlier that if lawmakers delay the needed prison project, it will distract from lawmakers doing needed changes in property tax bills.
Republican Representatives Tony Kayser and Travis Ismay said the state needed to wait on the project and they had concerns about the $650 million project.
Democrat Rep. Erik Muckey said he believed it was time to move forward on the project. He doesn’t consider a prison building as an investment but as a necessary expense.
Rhoden heard the request for making policy and program changes the same as many lawmakers did, Republican Rep. Greg Jamison said. He’s committed to making policy and program changes through a task force.
He’s excited that lawmakers want to address recidivism and other issues.
Republican Rep. Tim Walburg urged lawmakers to think about tomorrow and commit to work on policies.
Rhoden shared DOC Kellie Wasko’s planned October resignation in early September.
The bill needs 47 votes in the 70-seat House for approval. The bill passed the Senate in a 24-11 vote earlier this afternoon.
Earlier Tuesday in a joint committee hearing Speaker of the House Rep. Jon Hansen said he’d be voting against the prison package. Hansen is a Republican running for governor. He and his running mate Republican Rep. Karla Lems were the two votes against advancing SB2 from the joint committee to the Senate.
4:22 p.m. Senate passes prison project bill
The Senate got the required two-thirds needed to pass Rhoden’s Senate Bill to fund and build a $650 new men’s prison project in Sioux Falls.
The vote was 24-11. SB2 will now go to the House floor. The House is expected to consider the bill around 4:45 p.m.
Lawmakers who voted no were: Greg Blanc, John Carley, Red Dawn Foster, Taffy Howard, Amber Hulse, Kevin Jensen, Sam Marty, Lauren Nelson, Tom Pischke, Curt Voight and Mykala Voita. Lawmakers who voted yes were: Arch Beal, Casey Crabtree, Sydney Davis, Randy Deibert, Helene Duhamel, Tamara Grove, Joy Hohn, Chris Karr, Steve Kolbeck, Mark Lapka, Liz Larson, Jim Mehlhaff, Paul Miskimins, Ernie Otten, Carl Perry, Sue Peterson, Tim Reed, Michael Rohl, Stephanie Sauder, Kyle Schoenfish, Jamie Smith, Glen Vilhauer, Brandon Wipf and Larry Zikmund.
Republican Sen. Jim Mehlhaff said it has been “kind of painful journey,” to get to Senate Bill 2 for consideration. Consultants have told officials that they were amazed the state hadn’t been sued yet, Mehlhaff said.
SB2 is Rhoden’s bill to fund a $650 million 1,500 men’s prison project along Benson Road in Sioux Falls to replace the existing men’s prison in Sioux Falls. The beds will include 1,200 multi custody inmates and 300 minimum security dorm style.
The existing men’s prison in Sioux Falls is not a safe place to work or for inmates, he said.
The prison is at least 144 years old, “Yet we are still housing roughly 800 inmates in that prison,” Mehlhaff said. There are people that must considered in the inmates and staff, Mehlhaff said.
The cells can house medium, maximum and closed custody and 300 dorm or barracks style beds, Mehlhaff said. The new prison will provide space to help address substance abuse issues, provide education and address other issues, Mehlhaff said.
No one will have heard him say the state doesn’t need new facilities, Republican Sen. Kevin Jensen said. But, the building doesn’t solve problems, he said.
“My No. 1 concern has been for the safety of the staff and inmates,” Jensen said. He’s heard from inmates and South Dakota Department of Corrections officers and none of them have said a new prison is needed, Jensen said. DOC policies are creating unsafe conditions, Jensen said.
Jensen said it appears that Rhoden’s announced rehabilitation task force is tied to a new men’s prison bill. Rehabilitation should be first, he said. Jensen said he will be a no vote.
Republican Sen. Chris Karr said the Hill (Sioux Falls men’s prison) has 800 inmates and needs to be replaced. Mike Durfee in Springfield is 300 inmates over capacity. So that’s 1,100 inmates today, he said. The prison won’t be finished for four years, Karr said.
Two consultants and even one that was not hired, said using existing campuses was expensive and wouldn’t solve issues, Karr said.
Also, more space is needed for rehabiliation programs, Karr said. The state can’t wait for perfect policies and programs because the need is now, he said. And there is momentum and support for rehabilitation, reducing recidivism and other programs, Karr said.
The joint committee advanced SB2 to the Senate in a 13-2 vote earlier this afternoon.
The Hill (Sioux Falls men’s prison) is in his district, Democrat Sen. Jamie Smith said. Smith said he understands Jensen’s heart for rehabilitation because that is also what concerns him and what cares about.
He wouldn’t want to work as a therapist across the hall from the death chamber area, Smith said. He wouldn’t want to work in an area of several floors vulnerable fire, Smith said.
“You want to talk about fiscal responsibility. We won’t have an interest on this,” Smith said. “We are going to invest in our future. Are you gonna to invest in the future?”
“If we don’t do it today we have failed the people of South Dakota,” Smith said.
Republican Lauren Nelson said the $650 million belongs to the state’s taxpayers. Nelson questioned if the prison project is the “sweet spot.” Will the prison meet the DOC needs?, she asked. She planned to vote no.
The state can wait and do more investigation of prisons in other states and develop needed policies, Nelson said.
“It is time,” Republican Sen. Carl Perry said of replacing the men’s prison. The plan, price and site are wins, he said.
Republican Sen. John Carley said he wanted to support a new prison. “Unfortunately, I’ve not been convinced…,” Carley said.
Carley said one reason to vote no is that the prison design includes policy ideas from the soon-to-be ex DOC Secretary Kellie Wasko. Wasko will resign in October so the state should wait until it replaces Wasko.
Carley said the state should focus on policies and issues such as recidivism, “rather than give the inmates a nicer place to hang out, Carley said.
The total $650 million is not cash on hand because the cash on hand is about $509 million. The rest of the money depends on interest earned money and the general fund, Carley said.
The project is financial responsible, Karr said.
“This is the best package that is going to come forward,” Karr said.
“We all know we need a new facility. This is a golden opportunity to move forward…,” Republican Sen. Randy Deibert said.
Republican Sen.Steve Kolbeck said lawmakers agree that recidivism and other issues are important but leadership changes and policies will change so the prison building must be considered.
Sen. Kolbeck said good facilities help create successes.
Republican Tim Reed said without a new prison programming will fail. Inmates need to feel safe and respected, Reed said. The same is true for staff, he said.
“Infrastructure must come first,” Reed said. Without the correct infrastructure, programming can’t be successful, he said.
Republican Sen. Ernie Otten said this is the first time I’ve ever seen traction on reducing recidivism. For years, it’s been about locking them up. The system lawmakers contributed to have helped create monsters, Otten said.
“Right here, we’re the problem,” Otten said. “Let’s do something right for another generation.”
The time to better address rehabilitation and recidivism is past due, Republican Sen. Tamara Grove said. Those who say we must figure out the programming first, she questions how that can be said.
The existing prison is dangerous and needs replacing, Grove said. People need a safe environment in order for rehabilitation to be succesful, she said. She urged her colleagues to vote in favor of the new prison.
Otten had done Bible study in the men’s prison in Sioux Falls and said he encountered some inmates with violent stories of their offenses.
Forty years ago when he was walking down those halls, that facility should have been replaced. He knew who he had to stay three feet away from and the guards still need to do that today, Otte said.
Future generations will benefit by what the lawmakers do today, Otten said.
A proposed jail project in the Watertown area was turned away on the first attempt and second attempt, but they didn’t give up and got a great price, Republican Sen. Glen Vilhauer said. Vilhauer urged Senators to not delay the prison project.
1:59 p.m. Joint committee rejects Sen. Kevin Jensen’s bill
A joint legislative committee voted to indefinitely defer a bill from Sen. Kevin Jensen to secure land along Benson Road in Sioux Falls for a new men’s prison project. The motion was approved in a 11-4 vote.
Committee member Sen. Jim Mehlhaff made the motion to indefintely defer the bill. If there isn’t enough votes for the prison, there is no point in owning the Benson Road property, he said.
Sen. Kevin Jensen in his explanation of his Senate Bill 1 hinted that the $650 million prison bill could barely squeak by or fail in the House and Senate or either body.
Senate Bill 2 is Rhoden’s $650 million prison package bill which advanced to the Senate on a 13-2 do pass vote from the joint committee.
“I know the votes on Senate Bill 2 will be very close…,” Jensen said. He knows there are still questions about bed numbers and classifications and others with lawmakers.
Committee member Rep. Karla Lems said she’d vote yes to secure the land in Sioux Falls. If there isn’t enough votes to support the prison, it could be addressed again in the next session, Lems said.
The best way to use the land is to pass SB2 and build a prison on the site, Sen. Chris Karr said. He voted in favor of deferment.
Jensen said his bill is not competing with SB2. His intent is to make sure the state has a fail safe, he said.
Committee member Rep. Greg Jamison said he doesn’t believe Jensen wants to build any prison and asked for Jensen to tell him that isn’t the reason. Jensen was an opponent of the Lincoln County site.
He has always said the state need more beds…and that he’d support those more at existing sites, Jensen said. He’d likely support a $450 million project for less than 1,500 beds, Jensen said. “There’s nothing nefarious about this,” Jensen said. His main interest is in reducing recidivism.
Jensen said his bill uses language from SB2. Jensen’s legislation calls for securing property for a new prison but doesn’t address funding for an overall prison package.
If the Senate kills SB2, his bill provides the fail safe for having land available along Benson Road in Sioux Falls, Jensen said as an example. It provides the land exhange with the site in Lincoln County, just as Rhoden’s SB2 does, Jensen said.
Ryan Brunner, a policy advisor with Rhoden, said SB1 was not a responsible plan moving forward. To buy land without choosing to act on the prison plan will drive up overall costs, Brunner said.
Jensen said in his rebuttal that if one body does not pass SB2, the state is back to square one. If there is no agreement on a prison plan in the next legislative session, the state could sell the land, Jensen said.
Jensen asked to move it to the Senate to have the conversation there.
The joint committee’s action on Jensen’s bill was the final scheduled action for it during the special session.
The joint committee consisted of lawmaker members who were on Rhoden’s Project Prison Reset Task Force. Members of the committee are Senators: Joy Hohn, Jim Mehlhaff, Mark Lapka, Tim Reisch, Ernie Otten, Jamie Smith, Steve Kolbeck and Karr and Representatives: Jon Hansen, Scott Odenbach, Greg Jamison, Brian Mulder, Karla Lems, Erin Healy and Jack Kolbeck.
1:45 p.m. Joint committee passes $650 million prison bill
A joint committee approved a do-pass of 13-2 on a $650 million prison bill for South Dakota. The bill will advance to the Senate first.
The committee will next weigh a new bill introduced by Republican Sen. Kevin Jensen. Jensen has introduced legislation that calls for securing property for a new prison but doesn’t address funding for an overall prison package.
The lone no votes were from Speaker of the House and Republican governor candidate Jon Hansen and his running mate Republican Rep. Karla Lems.
After a motion for a do-pass on the prison bill, committee members discussed the plan. Discussion started around 1:10 p.m. and ended at 1:45 p.m.
“We’ve had a lot of discussions on this…,” Republican Sen. Jim Mehlhaff said. “We have nearly 800 inmates in a territorial prison. We are overcrowded.”
“I think it’s well past time,” Mehlhaff said. “At this time I hope we send it to the floor.”
Joint committee member Rep. Jon Hansen said he would vote no. The state has gotten to a much better place but it’s not there yet, Hansen said.
Hansen cited how opponents were told costs would increase if the location was moved from Lincoln County and that the $825 million plan was the best. And, he’s hearing from the public that it is too costly and he doesn’t have full trust and confidence in the Department of Corrections leadership or in the plan, Hansen said.
Those who support the prison plan had their doubts too.
Republican Rep. Brian Mulder said was an opponent of the original prison.
Mulder said he had a lot of questions, about the contract and building space. He got those questions answered. It was not a rushed process.
“We already have the inmates in the prison to fill this up, and as (Mehlhaff) mentioned, in a territorial prison.”
Democratic Sen. Jamie Smith said officials and the task force have had robust conversations including about recidivism. “I don’t think that’s going to stop,” Smith said. “But we also have to start building.”
He too has concerns but Smith said he has faith that discussions will continue on important issues.
The state has wasted millions of dollars in delays over the years, committee member Sen. Joy Hohn said.
“The current prison facility is unsustainable and unsafe,” Hohn said. Repairs that may cost $100 million at the current campus in Sioux Falls won’t solve the problem, she said.
Hohn said she has done her due diligence on the prison project and said it won’t solve all the issues. She will support recidivism reduction efforts and changes that may be needed within the DOC but there is a need to build a new men’s prison, she said.
“In the end it comes down to safety,” Hohn said of her support for a new men’s prison.
Committee member Sen. Ernie Otten said he’s been discussing prison issues for four years.
Back in 2012, the cost of a new prison was around $350 million. Delays will only cost more money, he said.
If this projet is delayed, what would the state did to cut, Otten said. The plan doesn’t include a swimming pool, he said.
Committee member Rep. Greg Jamison said there is a question of whether to do the project or wait. Jamison said there has been an enormous amount of discussion and study, including for decades.
“I’m more confident than ever,” Jamison said of the $650 million project. “I’m ready to turn the page,” he said.
“I was assured now is the right time to do this,” Jamison said. The money saved for this is to be used for a capital project, he said.
A summer task force has already been discussing recidivism and he’s confident more can be done with the Rhoden’s planned Correctional Rehabilitation Task Force and the space created in a new men’s prison, Jamison said.
Committee member Rep. Tim Reisch said opponents’ suggestions that not as many beds are needed ignores the number of maximum secured prison in Sioux Falls now.
When the existing prison was built, there was no consideration of mental health and other issues, Reisch said. The space is needed, he said.
12:31 p.m. Questions on price, 100-year build from joint committee
Joint committee members had the chance to ask questions on the prison project. Those quetions started at around 12:31 p.m. Questions closed at 1:10 p.m.
Committee member Rep. Greg Jamison said there has been questions and concerns about reidivism. So why, build a prison and then, address recidivism, Jamison said.
Ryan Brunner, a policy advisor for Rhoden, responded to Jamison. This is a two-prong approach, the state has things it wants to do in the long term but there are limits, Brunner said. Now, there is about 57,000 square feet of programming space. The new prison has several times the amount of service space including vocational, education and mental health support, Brunner said.
Committee member Sen. Jamie Smith asked for input on 100-year build and non-100-year build.
Vance McMillan of JE Dunn, the contractor at risk for the project, said there are facilities being built much cheaper without the 100-year longevity. Nebraska for example, is more of a metal building like those that house farm machinery. Reinforced sheetrock will be used in that state, McMillan said.
A 100-year facility will have pre-cast exterior skin, he said. The interior will have pre-cast and limited sheetrock walls, he said.
The $650 million includes construction and all the project costs. About $590 million is the construction cost, McMillan said.
Committee member Sen. Joy Hohn asked if the classification beds could change.
Brunner said an important distinction is that cells are made of concrete. The construction standard the state want is 100 year. The security level for a medium security is concrete and steel, Brunner said. The state plans to use mostly for medium security. Each of the three buildings has six pods for the safety of staff, Burnner said. Could be higher medium security but not closed security, he said.
Committee member Rep. Karla Lems asked if there was an expiration date on the guaranteed maximum price.
Brunner said if the legislation doesn’t pass on Tuesday, there would likely need to be adjustments.
McMillan said the GMP doesn’t have a hard but if the legislation passes, it would be pinpointed during the next roughly 30 days.
Committee member Sen. Mark Lapka asked about not seeking another request for a contractor at risk ater the $825 million plan failed.
Brunner said if the state requested new proposals for a contractor at risk it would cost time and money. The project construction will be bid after the project is approved, he said.
The state’s project representative said the state only received one response to a request for a contractor at risk. The project representative interviewed the one respondent, JE Dunn, and negotiated a contract.
JE Dunn and Henry Carlson were the only response to contractor at risk request, Brunner said. The bidding process happens after the contractor at risk was selected, he said.
There was some opposition that implied the $650 million figure was arbitrary, committee member Sen. Jim Mehlhaff said.
McMillan said the big differences was seven different housing units condensed into four which means there are a lot less doors and similar. There is a lot of site savings at the Benson Road site. There is a revised housing concept developed with Arrington Watkins that is still in compliance with the American Corrections Association. The original plan had more space, McMillan said.
Brunner said the plan has two people per cell and not four people in design that is safe and manageable. The style of cell classifications allows for separation of inmates, he said.
Inmates may need to be separated if having fights with each other, Brunner said, which is why you need ability to move them within cell pods.
Committee member Rep. Erin Healy asked Lt. Gov. Tony Venhuizen if the Native American population was consulted since that demographic makes up about 40% of the inmate population. Venhuizen said the population was consulted and will need to be consulted with Rhoden’s planned Correctional Rehabilitation Task Force that is planned.
If the bill doesn’t pass, Venhuizen said the state would need to look at what it was doing in the current space. Would there need to be a different mechanism to discuss that, he said.
11:23 a.m. Supporters, opponents speak on prison project
Opponents and supporters turned out for a joint committee to discuss the two pieces of legislation for a proposed $650 million prison project. The first round of testimony was focused on Rhoden’s $650 million prison plan.
Sen. Chris Karr allowed about 30 total minutes of testimony each for opponents and supporters. Karr allowed bill supporter Lt. Gov. Tony Venhuizen 10 minutes for rebuttal.
Several opponents questioned if the state was following bidding laws or infered the state wasn’t.
One opponent is former lawmaker Steve Haugaard who criticized the process and questioned the pricing and cost and said the state needed a competitive bid.
“We have followed bidding laws,” Venhuizen said during his rebuttal. It was disappointing to hear opposition say the state did not or may not have followed state bidding laws.
Haugaard said the state has avoided the issue and now, there is belief that a new prison will solve the problems. He supports securing a safe environment but right now, people are being released within a system that has inadequate supervision, Haugaard said.
Haugaard said “I don’t think we need a new building…” Instead the state could enhance and improve existing buildings, he said. The state needs a new comprehensive plan to address inmates, he said.
“This meets our needs…,” prison plan supporter Lt. Gov. Tony Venhuizen said of the $650 million plan. It provides the needed space but also creates a safer environment for staff and inmates.
Haugaard urged lawmakers to use Sen. Kevin Jensen’s bill to secure the property and then, return to a regular session for a comprehensive plan.
Other opponents, three of whom said they had engineering or contracting backgrounds, urged lawmakers to slow down the prison process because they believe costs are too high.
In his 10-minute rebuttal Venhuizen said the project has not been rushed. It started nearly 4 1/2 years ago.
“The amount of work that has been done to get us to this point is incredible,” Venhuizen said in his rebuttal.
The state could save millions from $650 million by using subpar materials with a 25-year life span, Venhuizen said. South Dakota wants a 100-year project, he said.
“I can’t think of another issue that has had this much study and conideration from more types of people than we have here,” Venhuizen said during his original testimony after the joint committee reconvened.
Supporters said the new prison project has better and more space for rehabilitative and educational programs and creates a safer space for inmates and staff.
Project supporter Minnehaha County Sheriff Mike Milstead, a member of the task force, and representating a statewide organization, said he was surprised and pleased the contractor at risk agreed to a guaranteed maximum price of $650 million within the past several days.
Law enforcement is united behind a new prison, South Dakota Attorney General Marty Jackley said in favor of the new prison. Law enforcement and experts say 1,500 is what is needed, Jackley said.
Milstead said there is a commitment to the rehabilitation task force.
The issue is about public safety issue and he is disappointed the need for a new prison became a political issue, Milstead said.
“I ask you not to ignore the strong support (from the law enforcement system),” Milstead said.
Gary A. Sokolow said he doesn’t support a new prison because the state has not fully addressed how to reduce recidivism.
“I would hope we’d first take a serious look at recidivism,” Sokolow said.
Venhuizen mentioned in his testimony Rhoden’s plan to create an incarceration committee to address recidivism and other issues. Rhoden mentioned the creation of that committee during his 9:30 a.m. speech.
The state has the money to build the project because former Gov. Kristi Noem had the foresight to put windall state revenue money into a prison project fund, Venhuizen said.
“We’re here today because then Gov. Kristi Noem recognized the prison needed to be replaced,” Venhuizen said.
After a $825 million prison plan failed in the state House, Rhoden formed a task force to secure a plan that would be approved in the Legislature.
The prison task force considered much information, opinions and insights, Venhuizen said. The task force unanimously found that the men’s prison in Sioux Falls needed to be replaced with a 1,500 bed package in Sioux Falls with 100-year construction standards, he said of the $650 million proposal.
When the $650 million prison bill passes, construction can start in the spring, Venhuizen said.
When Karr called the joint committee back to order and said there was a full room. He asked that those in the room be respectful with no applause and similar. If those in the room didn’t follow the rules, he said he would ask them to leave.
Karr said at 11:39 a.m., there were about 10 supporters of $650 million bill that signed up to testify.
One of the bills is a $650 million package and the other is focused on securing property.
10:42 a.m. Senate first reading on two bills
Senate had its first readings of two bills. One bill is Rhoden’s $650 million prison package bill and the second is a new bill introduced by Sen. Kevin Jensen. Jensen has introduced legislation that calls for securing property for a new prison but doesn’t address funding for an overall prison package.
10:15 a.m.: Sen. Kevin Jensen adds a bill for committee consideration
Sen. Kevin Jensen, a vocal critic of prison plans, has introduced legislation that calls for securing property for a new prison but doesn’t address funding for an overall prison package.
Jensen’s bill calls for “An Act to authorize the Department of Corrections to purchase and exchange certain real property, to make an appropriation therefor, and to declare an emergency.”
During the 10:15 a.m. joint committee meeting, Sen. Karr said in addition to the $650 million prison legislation, Jensen has also introduced legislation related to the prison.
Karr said legislation will considered by the committee at about 11:15 a.m.
Karr outlined the rules and structure of the committee and the session that included how those who want to testify should sign up and other details. The committee went into recess at about 10:22 a.m.
Members of the committee are Senators: Joy Hohn, Jim Mehlhaff, Mark Lapka, Tim Reisch, Ernie Otten, Jamie Smith, Steve Kolbeck and Karr and Representatives: Jon Hansen, Scott Odenbach, Greg Jamison, Brian Mulder, Karla Lems, Erin Healy and Jack Kolbeck. All were members of the Project Prison Reset Task Force created by Rhoden, according to a task force committee member list.
9:58 a.m.
Joint session adjourns after Rhoden’s speech. A joint committee is set to consider the prison legislation at 10:15 a.m.
9:40 a.m. Rhoden highlights task force agreement on prison
Rhoden thanked lawmakers in advance for prioritizing the safety of prison staff, inmates and rehabilitation.
The Governor said the legislation before lawmakers on Tuesday is the work of many, including those who may have disagreed at times.
Rhoden said that after the $825 million prison proposal failed in the legislature in February, officials took what they learned and the Project Prison Reset Task Force was formed.
There was disagreement on the task force but it did reach a unanimous agreement on the propsal to be considered on Tuesday, Rhosen said.
“It is rare to reach unanimous agreement on such high profile (issues) This will be the single largest public safety agreement in the state of South Dakota,” Rhoden said.
Tuesday, Senate and House members will be voting on the agreement.
“We are here today to complete something years in the making,” Rhoden said. “It has stood for 144 years and that is no small feat. It’s probably a lot longer than anyone expected.”
While it has lasted beyond what was likely originallly expected, “Everyone realizes the penitentary needs to be replaced,” Rhoden said.
The plan increased beds, rehabilitation and education space and has other needed features, he said.
Because this plan meets the $650 million cap set by the task force, the state won’t need to borrow money, Rhoden asid.
Rhoden thanked members of the task force for their contributions and expertise. He also thanked former Gov. Kristi Noem for saving money for a new prison. She took on leadership to get to the prison project. That also includes former Legislatures who voted to save money for a new prison.
While much of Rhoden’s speech focused on the task force work and Tuesday’s legislation, he also looked ahead after the day.
As the state has grown so has the number of (prisoners) that need rehabilitation, Rhoden said.
Most inmates will be released back into society in South Dakota, Rhoden said.
If the primary goal of state government is to keep people safe, the state can and will do better, he said.
Rhoden said he will form a Correctional rehabilitation task force will be launced after the passing of prison legislation on Tuesday.
Lt. Gov. Tony Venhuizen said in his introduction of Rhoden that when the prison plan failed in February, the Governor had several choices. He could have held the legislature hostage and tried to push a plan through or he could have walked away from the process, Venhuizen said of two examples.
“Instead he took a very different path. He knew that we needed to work together for a real agreement,” Venhuizen said. Venhuizen said an agreement was reached between members of the Project Prison Reset Task Force created by Rhoden.
The House and Senate have gathered for Rhoden’s message.
9:15 a.m.
Members of the House acknowledged the deaths of political activist Charlie Kirk and Minnesota lawmaker Melissa Hortman.
Both the House and Senate announced that a joint committee of House and Senate members will meet at 10:15 a.m. after Rhoden’s scheduled 9:30 a.m. speech.
9:10 a.m.
The Senate has convened for the special session. Senators are to join the House at 9:30 a.m. for a speech from Rhoden.
9:02 a.m.
The House of Representatives convened for the special session. Representatives are to join the Senate at 9:30 a.m. for a speech from Rhoden.
The House has at least two members appointed by Rhode since July when Rhoden’s Project Prison Reset Task Force agreed on the $650 million prison project recommendation. Nick Fosness of Britton was appointed in District 1 in August and John Shubeck was appointed to represent District 16 this month.
How we got here
KELOLAND’s Bob Mercer looked at four bills state lawmakers have voted on since 2022 that setup Tuesday’s special session. It will be the 31st special legislative session in South Dakota’s 136 years as a state.
How will it be paid for?
Rhoden released details about the funding last week. Essentially, all the $650 million for the new prison comes from two large state funds — the ICF and the state budget reserves.
There is currently $505 million in cash in the ICF. When interest earned in fiscal year of 2026 and the projected future interest earned, the recommended transfer of funds totals to be around $78.7 million from the General Revenue Replacement Fund.
State government loss nearly $21 million when state lawmakers in the House refused to provide the funding for the proposed $825 million men’s prison in Lincoln County. The vote was 34 yes and 35 no.
Deducting the roughly $32 million of one-time expenses leaves a $20.8 million loss for state government on the Lincoln County site.
Why 1,500 beds and for 100 years?
The state Legislature will consider the $650 million proposal for 1,188 cell beds and 300 dorm beds.
The proposed men’s prison for a site along Benson Road in Sioux Falls would have 40 square feet per inmate in dayroom space, according to the plan on Rhoden’s FAQ page.
The plan said the 40 square feet per inmate is five square feet above the Amercian Correctional Association (ACA). The ACA requires 35 square feet per inmate for dayroom space. The amount is ” (exclusive of lavatories, showers, and toilets) for the maximum number of inmates who use the dayroom at one time,” according to the ACA.
What lawmakers are saying
Three state lawmakers said last week they will support the plan, while one member said he wanted to see the recidivism rate drop.
“I think a lot of us are kind of at the, sitting at the edge of our seat waiting to see what happens. It’s definitely going to be tight,” Democratic Sen. Liz Larson said. “It’s definitely going to be close. I don’t know if it’s going to pass with the two-thirds or not.”
“Two-thirds is a high threshold, and it should be,” Republican Sen. John Carley said. “It should be a high threshold, especially for an expenditure of this size and for as significant a decision this is. So, will it hit it, I’m not sure. I think it may be close.”
Republican Rep. Greg Jamison of Sioux Falls, who as majority whip in the House assesses how much support a bill has, told KELOLAND News he believes the proposal will clear the two-thirds threshold in each chamber.
