South Dakota Governor Larry Rhoden speaks to reporters at a press conference on March 31, 2025, at the state Capitol in Pierre. (Joshua Haiar, South Dakota Searchlight)
Several South Dakota lawmakers questioned Gov. Larry Rhoden’s pledge to form a Correctional Rehabilitation Task Force “following the passage” of his prison construction plan next week.
“No. “Not at all,” said House Assistant Majority Leader Marty Overweg (R-New Holland). “I think most people are pretty dug in right now.”
A special session Tuesday at the Capitol in Pierre will mark the end of a years-long effort to replace the oldest portions of the Sioux Falls penitentiary, which predates statehood.
After Rhoden’s predecessor, Kristi Noem, proposed building in rural Lincoln County, which was derailed by local opposition, litigation, and legislative concerns about the $825 million price tag, Rhoden formed a Project Prison Reset task force to restart the process.
The group has since approved a new site on vacant land in northeast Sioux Falls, as well as a lower price of $650 million for a 1,500-bed facility. The governor has stated that the budget adopted last winter, as well as a prison construction fund that legislators have been filling for several years, are sufficient to build the prison without incurring any debt.
Some opponents have expressed concern that the state is not doing enough to keep people out of prison and prevent released inmates from reoffending.
In a news release Wednesday, Rhoden stated that if legislators approve the prison plan, “the next task is to expand our rehabilitative programming—that’s where this task force comes in.”
According to the news release, the task force will assess inmate programming needs, faith-based and Native American-focused program options, and best practices for re-entry models. It would also make recommendations on how to best utilize the expanded space of the new prison.
Lt. Gov. Tony Venhuizen would lead the group, but no other members’ names were provided. According to the news release, the roster will include legislators from both parties and chambers, as well as experts in behavioral health, addiction counseling, correctional rehabilitative services, and a tribal representative.
Overweg stated that he hasn’t decided how he will vote. He is skeptical that prison construction contractors will not return for more money after the $650 million cap has been met.
Senate Majority Whip Kevin Jensen, R-Canton, is co-chairing a legislative task force on incarceration rates and recidivism this summer and has declared a “hard no” to the prison bill. He called Rhoden’s announcement late and poorly timed, making it appear to be a ploy to gain more votes.
“I’m wondering if it might backfire,” Jensen said.
Jensen also pointed out the language in Rhoden’s press release, which stated that the task force would be formed “following the passage and signing of the draft legislation for the new prison.”
South Dakota Searchlight sought clarification from the governor’s office on whether the task force’s formation is contingent on the prison plan’s passage. Spokeswoman Josie Harms responded in writing: “The Correctional Rehabilitation Task Force will be formed following the passage and signing of the new prison’s draft legislation.” The new prison will significantly increase space for rehabilitative programming, indicating the need for this task force.” She did not respond promptly to follow-ups.
House Minority Whip Kadyn Wittman, D-Sioux Falls, is also on the summer task force. She stated that another task force making recommendations is not what the state requires.
“We have the data, we know what the problems are,” her reply was.
Wittman declined to say how she intends to vote on the prison proposal, but she emphasized the prison’s poor conditions.
“Our current facility is not fit for human habitation,” according to Wittman. “Nobody wants to fund a new prison less than me, but we have a constitutional and moral obligation to not have people live in squalor.”
Due to a state constitutional provision requiring a higher threshold for bills appropriating funds, the prison plan will require two-thirds majority support in both the House and Senate.