VIEWPOINT | Criminal justice reform best solution for South Dakota

Guest column by Ryan Kolbeck, former president of South Dakota Association of Criminal Defense Lawyers

From a criminal defense lawyer’s perspective, as the most recent legislative session winds down, it is important to look ahead and see the upcoming issues on the horizon.  South Dakota is building, not one, but two new prisons, which will remain in the forefront of discussions for the next decade.

I have been the president for the South Dakota Trial Lawyers and the South Dakota Association of Criminal Defense Lawyers and have been observing the politics of the criminal justice system for about 15 years. Most observers recall how monumental presumptive probation was in 2013, as most believed that could help ease the burden of non-violent offenders to our state prison system. As much as a political feat that overhaul was, in hindsight it wasn’t enough as our prison system continues to be full of drug addicts and the mentally ill.

Then, in 2023, the South Dakota Legislature enacted mandatory minimums and increases in criminal penalties for those found guilty of what legislators deemed “violent” offenses and repeat drunk driving offenses. First, “truth in sentencing”increased prison sentences and eliminated parole for violent offenders. Second, mandatory minimum sentences were enacted on repeat drunk driving offenders. The 2023 changes will soon have an impact of adding even more people in prison for longer sentences. Frankly, that was the point of the legislation.  

It was no secret that our prisons were overcrowded before the 2023 changes. Using 2022 statistics, before violent offenders were ordered to be in custody for longer periods of time and more DUI offenders were receiving mandatory minimum sentences, North Dakota’s male prison population was 90. North Dakota had 41 women in custody. In South Dakota, we had 689 men, and 279 women, in our state prison system.  Based on the June 2022 South Dakota offender population, 46 percent of the male offenders were incarcerated for a non-violent, mostly drug-related offenses. 80 percent of the women were in prison for non-violent, mostly drug-related offenses.  The near majority of men, and the overwhelming majority of women, are in prison for their addictions.

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