Gov. Kristi Noem signs slate of bills regarding criminal justice, new state prisons

Gov. Kristi Noem signed a slate of bills Monday dealing with the criminal justice system, including changes to the state's sentencing structure, new definitions for rape and spending authority for new prisons.

In HB 1016, nearly $60 million will be spent to build a new 308-bed women's prison in Rapid City. The land was purchased in 2022 and design for the facility was done in the same year.

The new men's prison, which will replace the South Dakota State Penitentiary in Sioux Falls that has been in operation since 1881, will be a two-step project. The first step, HB 1017, allows for the purchase of land in the Sioux Falls area and design of the facility to the tune of $52 million. An additional $271 million will be set aside in the incarceration construction fund for the second step of the project, which includes building the facility.

It's unknown where the new facility will be.

More:Senate approves bills to fund 2 major prison projects in South Dakota

"Funding new prisons is a public safety issue,” Noem said. “Last year, we made the point to legislators that this was necessary. I’m glad that just a year later, they have come to agree and appropriately prioritized the security of South Dakotans.”

HB 1016 and HB 1017 will go into effect immediately.

'Truth in Sentencing' bill approved

Noem also approved of Sen. Brent Hoffman's Truth in Sentencing bill, SB 146. In the first-term Sioux Falls Republican's bill, it changes the sentencing guidelines for when someone convicted of a violent crime becomes parole-eligible.

In the first section of the bill, anyone convicted of one of 13 high level violent crimes, such as first-degree manslaughter and first-degree human trafficking, would have to serve the full sentence imposed on them by a judge without credits for a shortened term. The inmate would then be eligible for supervised release.

In the second section, those convicted of one of 10 other violent crimes, such as aggravated assault or second-degree manslaughter, could receive credits that could be applied toward shortening their sentence. However, they must serve at least 85% of their sentence before becoming parole eligible.

SB 146 has been applauded by city leaders and law enforcement officials. During the annual Sioux Falls crime statistics briefing on March 7, Mayor Paul TenHaken and Police Chief Jon Thum said the bill could improve safety in the city.

More:What will ‘truth in sentencing’ mean for South Dakota crime victims?

Additions to South Dakota's rape statutes

Finally, Noem signed two bills, SB 90 and SB 91, that add sex without consent to the state's rape statutes and creates a criminal penalty for the crime.

Sex without the victim's consent and that the perpetrator reasonably should've known the victim wasn't consenting, especially in cases where the victim freezes and is unable to fight back, will become a class 3 felony, punishable with up to 15 years in prison.

SB 146, SB 90 and SB 91 will go into effect in July.

This article originally appeared on Sioux Falls Argus Leader: Kristi Noem signs bills for new state prisons, rape statute additions