Governor Dennis Daugaard is proposing the biggest change to the state’s criminal justice system ever undertaken.
State lawmakers in Pierre are now pouring over the Public Safety Improvement Act, or Senate Bill 70. In part, the bill attempts to reduce the prison population by sending non-violent offenders to treatment and rehabilitation programs rather than jail.
In South Dakota Native Americans make up a disproportionate number of those in prison. While the state is about 10% Native American the men’s prison population is about twice that high, and the women’s population is four times that rate.
Charles Michael Ray gathered reactions from Native Americans to the proposed changes.
Eric Bringswhite knows the criminal justice system first hand. He grew up in North Rapid City, and as a young person got involved in gangs. He ended up doing almost seven years in prison on federal gun charges. Today his life is very different; now Bringswhite helps younger people avoid his former mistakes.
“I’m a youth consultant I work with Native American Youth who are experiencing certain detrimental behaviors such as youth gangs substance abuse issues violence,” says Bringswhite.
Bringswhite is among those voicing support for the bulk of Governor Daugaards Public Safety Improvement Act. He says sending non-violent offenders to prison simply doesn’t work.
“There are alternatives to incarceration and I think those should be explored more than spending the millions of dollars for incarcerating somebody for non-violent crimes or for crying out for help,” says Bringswhite.
The criminal justice reform legislation being considered in Pierre replaces prison time with probation and treatment programs. For Native American lawmakers like Democratic State Senator Jim Bradford this is a positive step in the right direction.
“It’s a beginning and that’s where we all start is at the beginning and I’m in hopes that down the road that more will come,” says Bradford.
Bradford was part of the task force that brought the legislation. He says he’s pleased that Native lawmakers were made part of the process and that their concerns were heard. He adds that a big part of this legislation is a pilot program planned for one or two of the state’s reservations aimed at allowing those on probation or parole to serve out their time in their hometown, such as Pine Ridge, or Rosebud – rather than in a place like Rapid City or Sioux Falls.
“And we’re going to allow our people who are on probation to go back home. That’s been a no-no all the time so now they will be allowed to go home and be supervised. That is super good, ” says Bradford.
Other Native legislators like Democrat Troy Heinert of Mission say this ability to be supervised at home, by qualified parole officers, coupled with the support of family members--allows offenders to draw on their own local communities. This Heinert says can reduce recidivism.
“When you’re on your home lands when you’re with your family you know you have people looking out for you. And, they’re going to help you. They know you’re struggling and you know some of it is substance abuse, some of it is alcoholism. If we can get them back with their families and get that good support system saying hey we got to watch out for this and that is really going to help these Native people, says Heinert.
While there is broad bi-partisian support for the bulk of the Public Safety Improvement Act – there are still points of contention. Critics express concern over the removal of preliminary hearings for some cases. They say axing preliminary hearings circumvents due process. Amendments to add the hearings back in to the bill are being worked out. But Governor Daugaard disagrees with the push. He says this change in Preliminary Hearings only applies to misdemeanors, and he says only about one percent of all cases are dismissed during a preliminary hearing. Daugaard contends this change reduces large amounts of red tape and leaves due process under the law intact.
“And so we would resist any amendment that would change that aspect of the package because we think it’s an important means that would save a lot of time and expense that is wasted right now,” says Daugaard.
While the Governor is sticking to his guns, other critics point out that South Dakota has some of the most over bearing and egregious drug laws in the country. For example – in South Dakota you can be charged with possession of drugs if they are found in your blood. Anyone who takes a trip to Colorado, and legally smokes marijuana, can be charged weeks later for illegal drug ingestion in South Dakota - even if they only have Colorado pot in their system. So while some say the reform legislation must go further–many still praise the bulk of the current bill as positive, including Eric Bringswhite. He strongly supports the idea of alternative punishments for non-violent offenders.
“The lessons that we’re promoting or supporting or condoning through incarceration is not doing anything for the betterment or uplifting of our communities and mush less our country,” says Bringswhite.
Senate Bill 70 passed the State Senate and is headed for the house. Given strong bi-partisan support and the backing of the governor it’s likely to become law in South Dakota this year. The only real open questions are how much support can be garnered for amendments that change the current proposal.
