A bill seeking to limit applications for clemency in cases of life imprisonment without the possibility of parole has advanced to the House floor.
Under current law, an individual found guilty of a violent crime without the possibility of parole can apply to have that sentence commuted every year.
For Winner Republican Sen. Erin Tobin, that timeframe is far too short.
“This timeframe would be extended to four years through this bill," Tobin said. "It is important to point out these statutes vary from state to state. Some states will allow prisoners to sit before the parole board only every six years, some two, some three. It is harmful to the victims in a very specific population – those sentenced to life without parole and who have committed violent crimes.”
That incldues victims like Karol Kniffen, whose brother was murdered by Joseph Fields at the family home in 1984. Kniffen, who was a witness to the crime, recounted the details of the case in a manner like what would be expected in a commutation hearing.
“So, you can only imagine how we felt, the feeling of just being in the same room as him was very emotional for all of us," Kniffen said. "It’s not easy coming here in front of you or in front of the parole board to tell our story. We’re doing it because we loved our brother, and we miss him every day. We come here today not only for ourselves but for all families like ours.”
Yet some raised questions about the bill. Sioux Falls Democratic Rep. Kadyn Wittman offered an amendment that would have given the parole board more latitude under the proposal.
“They have already made changes to their internal policies because of feedback from the families of victims following a particularly painful commutation hearing last fall, where I was actually present," Wittman said. "The board has put measures into place to ensure the families of these victims do not have to relieve these painful memories every 12 months.”
That amendment, which would have created a one to four-year window for commutation instead of a hard four-year gap, was killed on a narrow vote. The bill in its original form now heads to the House floor.