Answering more prison questions
By:
Rep. Trish Ladner
Public safety is one of the most fundamental responsibilities of government. It is rooted in the belief that protecting citizens from harm is essential to preserving order, justice, and stability in society. In the United States, public safety responsibilities are shared between federal and state governments through what is known as “police powers.”
These powers give state and local governments the authority to enact and enforce laws that protect the health, safety, morals and general welfare of the public. This is the core obligation of government, because if citizens are not safe, everything else becomes secondary.
Lately, I’ve been getting many questions surrounding the new men’s prison, so I thought it might be helpful to review a few of the most common ones.
Do we need
a new prison?
Yes. The current men’s penitentiary was built in 1881, before electricity, before running water and before South Dakota even became a state. It remains the oldest operating prison in the nation. Overcrowding has been a known issue since at least 1971, but high costs and the unpopularity of prison construction prevented new projects from moving forward. The legislature took a proactive, fiscally responsible step by setting aside funds for a new facility over the past five years without incurring debt. That’s a rare achievement for a project of this size.
Why are there 67 illegal immigrants currently in our prison system?
Jurisdiction is determined by where a crime is committed. If someone breaks the law in South Dakota, is tried, convicted, and sentenced here, that individual must serve their sentence in South Dakota, regardless of citizenship status. Each state has its own statutes, sentencing guidelines and definitions for criminal offenses. In short, if you break our laws, you serve your time here.
Why are our prisons
so overcrowded?
Prison overcrowding isn’t unique to South Dakota, it’s a nationwide challenge that has grown worse in recent years due to the rise in illegal drug activity and illegal immigration. When the previous administration failed to secure the border, our nation was overwhelmed by millions of illegal immigrants, some seeking a better life, but also many with criminal histories, including drug trafficking, gang members and violent offenders.
President Trump and his administration are working to combat the flow of illegal drugs and strengthen ICE efforts to detain and, when appropriate, deport the worst offenders. Here in South Dakota, we can support these efforts by ensuring we have the secure facilities needed to house individuals who have been convicted through our legal process, regardless of citizenship status. The core obligation of government is, and always must be, to protect its citizens.
How is my money being spent wisely?
Recently, I attended a conference (self-funded) with legislators from all 50 states. Despite our many differences, two topics were universal: property taxes and prisons. When I explained that South Dakota had been fiscally prudent—saving $650 million in capital improvement funds to build our new prison — they were stunned!
Legislators from Kansas shared that they needed three new prisons and planned to bond all of them, passing that debt on to their children and grandchildren for years to come. In South Dakota we will build this new prison debt-free.
Bonus: By saving money in the Incarceration Building Fund over the past five years, we’ve already earned more than $24 million in interest, with another $41 million projected over the next four years. And because we won’t be paying interest on borrowed funds, that’s even more money kept in taxpayers’ pockets.
Why are we building a “luxury” facility for
violent offenders?
We aren’t. These are by no means “luxury accommodations.” Each cell is a modest 80 square feet (8’ x 10’) and houses two inmates—40 square feet per person, with one toilet and a bunk bed. The goal is not comfort; it’s safety and functionality. The new design provides space for rehabilitation programs that address addiction, mental health and vocational training, all proven to reduce recidivism. The plan reflects fiscal responsibility and modern correctional standards, not inmate amenities.
I understand why some may question the need for a new prison, but this decision was not made overnight. It followed years of study, public input, extensive media coverage, and careful financial planning. Our goal is to provide a safe, secure environment for correctional officers, staff, and inmates, without burdening taxpayers with new debt.
When completed, this facility will stand for the next 100 years as a long-term investment in safety, responsibility, and the future of South Dakota, an achievement made possible because we were responsible and forward-thinking enough to build it debt-free.




