PIERRE, S.D. (KELO) — The handshake of thanks on Tuesday night between the first-year governor and the first-year lawmaker, as they waited for the legislation authorizing a new men’s prison to be signed into South Dakota law, said everything.
Republican Gov. Larry Rhoden had found enough ways to convince enough legislators such as Republican Sen. Joy Hohn of Hartford to support a proposal for a new 1,500-bed men’s prison in Sioux Falls at a guaranteed maximum price of $650 million.
The turnabout came just seven months after the House had refused to provide the rest of the funding for an $825 million men’s prison, of the same size but in a different design, between Harrisburg and Canton down in Lincoln County.
The Lincoln County legislation failed 34-35 in the House of Representatives and never reached the Senate. On Tuesday, senators considered the Sioux Falls plan first and voted for it, 24-11, just enough for the two-thirds majority necessary. The legislation then went to the House, where the political tide this time flowed solidly in the governor’s favor, 51-18.
Rhoden had made clear he was willing to talk in his remarks to a joint gathering of the House and Senate that started the day.
“Today, if any legislator has a question for me, or for my staff, my door will be open. Come on down to the second floor, and let’s talk. Or if you’d prefer, we can just as easily come up here. If you still have any questions, let’s get them answered,” he said.
The governor invited news reporters to watch him sign the legislation into law shortly before 8 p.m. Joining him were some of the legislators, some of his senior staff, some members of the task force, and some of the contractor group, who had all helped bring back a once-dead project.
“It’s been a long day, and it’s been a long process, but it’s been a good process,” Rhoden said in his opening remarks. “In my twenty-five-plus years in Pierre, I’ve seen a lot of legislation. Few things we’ve done are as significant as what we’re doing here today.”
The governor continued, “I think it’s pretty incredible the journey that we’ve taken, the victories, the defeats, the picking yourself up and dusting yourself off and finding a new path. So I am pleased beyond measure that we’ve got to this point, due to the work of the people surrounding me here, and their efforts and their tenacity and their wisdom and just getting it done. And today was a good day — thank you all.”
He also signed the executive order establishing the rehabilitation task force that lawmakers had convinced him was a necessary component.
The new prison will take an estimated four years to construct. It will replace the State Penitentiary that was built in 1881 when the area was still known as Dakota Territory.
“I really did have a good feeling we’d get this done. I knew it would be a long day,” Rhoden said in response to a question from KELOLAND’s Dan Santella. “As we started counting noses, it was closer than I really thought it would be, so we got busy, and we didn’t leave any stone unturned. So it was a great day. I’ll sleep well tonight — a lot of us will.”
He then explained how it had been accomplished. “You know the personalities, and you know by the comments that have been made where people stand and who might be on the fence and who you have a relationship that you might be able to talk to,” he said. “I think all of our team kind of took mental lists. And I went on my walkabouts and saw people I thought I could visit with and give them my perspective on what we’re doing. I was more than eager to do that. We had some great conversations. Most of them that I had didn’t take root well enough to change a vote, but some of them did. It was a good process.”
Sixteen lawmakers in the House who voted no in February voted yes on Tuesday: Democrat Eric Emery of Rosebud and Republicans Roger DeGroot of Brookings, Spencer Gosch of Glenham, Leslie Heinemann of Flandreau, John Hughes of Sioux Falls, Terri Jorgenson of Rapid City, Liz May of Kyle, Scott Moore of Ipswich, Brian Mulder of Sioux Falls, Kaley Nolz of Mitchell, Al Novstrup of Aberdeen, Scott Odenbach of Spearfish, Marty Overweg of New Holland, Tesa Schwans of Hartford, John Sjaarda of Valley Springs and Bethany Soye of Sioux Falls.
May spoke during the House debate about her conversion. She said that the House Appropriations Committee on which she serves had established the incarceration construction fund in 2022 and that the money placed into it couldn’t be used for any other purpose. Her no vote in February was because many people in Lincoln County didn’t want the prison in their area.
“We got everything we wanted,” May said about what had transpired since February. “It’s a win, folks.”
Two of the Republican governor’s House appointees voted yes as well: Nick Fosness of Britton replaced Christopher Reder of Mansfield, who had resigned; and John Shubeck of Centerville succeeded Richard Vasgaard, who died in a farm accident. Both Reder and Vasgaard had voted no in February.
Excused on Tuesday was Republican Rep. Jeff Bathke of Mitchell, who was on overseas deployment as a member of the U.S. Army Reserve. He had voted yes in February.
After the February defeat, Rhoden appointed the Project Prison Reset task force and assigned Lt. Gov. Tony Venhuizen as the panel’s chair.
The group had four meetings, explored many options, and in July arrived at a unanimous recommendation that a 1,500-bed men’s prison should be built at a site in northeastern Sioux Falls at a cost of no more than $650 million.
On Tuesday, of the 15 legislators who had served on the task force, only two voted no: House Speaker Jon Hansen and Rep. Karla Lems, who are running together for the 2026 Republican nomination for governor and lieutenant governor.
Rhoden was asked Tuesday night what the next steps will be now that the legislation is state law. “The contractor will go to work obviously,” Rhoden said. “Tony is going to chair the (rehabilitation) task force. He’s already received a number of volunteers that would like to be on that. It’s been pretty crazy. Just over in the House, a number of people came over to me, and I just told them to go talk to Tony. So we’ll get that up and running, and take it from there.”
Republican Rep. Greg Jamison of Sioux Falls said during the House debate on Tuesday evening that he’s excited the Legislature is now interested in rehabilitation programming for inmates and that the governor has promised to follow through. “You should celebrate that,” he said.
One of the costs was the resignation of state Corrections Secretary Kellie Wasko. Then-Gov. Kristi Noem had appointed Wasko three years ago. It was their plan to put the prison in Lincoln County. Wasko also made a variety of policy changes that bothered some legislators. Noem stepped down as governor in January after the U.S. Senate confirmed her appointment as federal Homeland Security secretary and Rhoden, who was lieutenant governor, immediately became governor.
Rhoden defended Wasko for as long as he could, but a group of 20-some House Republicans who had voted for the Lincoln County bill in February issued a letter on Labor Day calling for the state Department of Corrections to be “cleaned up.” Wasko reportedly resigned before Rhoden received the letter from the House group that Monday. Rhoden said the next day that she had resigned, effective October 19.
Republican Rep. Phil Jensen of Rapid City was one of many opponents on Tuesday who pointed a finger at Wasko. He said state government should wait until Secretary Wasko’s successor is named and has time to put policy changes into place. “We are getting the cart in front of the horse,” Jensen said. He added, “I don’t know why she’s still in her office.”
Rhoden was asked Tuesday night when dirt would start turning at the site along Benson Road in northeastern Sioux Falls, He was about to answer when Lt. Gov. Venhuizen volunteered, “Tomorrow.” Rhoden said that question might be better answered by someone from the contractor group.
Vance McMillan, a JE Dunn senior vice president, was standing to the side of the governor’s reception room. He said it would be prior to the 2026 legislative session, which starts in January.
As the gathering dispersed and reporters packed away gear, Rhoden’s chief of staff Mackenzie Decker raised her hand inviting and receiving a high-five from the governor. Out in the hall, Lt. Gov. Venhuizen put his signature on the letter from the contractors that guaranteed the maximum price of $625 million.
Rhoden and Venhuizen had announced that promise from the contractor group in a conference call on Friday with about 40 legislators. It was another concession to legislators’ concerns. The letter will go on a wall at the Henry Carlson Construction office in Sioux Falls as a souvenir.
