Despite already studying the idea for years, South Dakota lawmakers will likely miss a key deadline to secure a bid for the 1,500 bed men’s prison near Sioux Falls.
Lawmakers have tucked away about $650 million in a fund to pay for some form of project to expand capacity in the state prison system. It’s part of an effort to decommission the 144-year-old men’s prison.
Sen. Kevin Jensen, R-Sioux Falls, represents the district that includes property where the Department of Corrections wants to locate the new prison. Construction requires legislative approval, which Jensen said the state doesn’t have.
“Unless we perform political magic to bring this back and try to get two-thirds vote in both houses, this whole thing is dead," Jensen said. "They do not have permission—they do not have the ability to spend the money to finish the project.”
A 2021 report by an engineering design firm estimated the new men’s prison would cost about $338 million.
In November, four years later, a construction manager offered the state a $825 million maximum price to complete the 1,500 bed, multi-security prison.
Jensen noted the price difference during a recent legislative hearing.
“I seriously doubt they were off by $500 million on one facility,” Jensen said. “That would be probably one of the biggest miscalculations of any vendor that we’ve ever paid $300,000 for a study.”
Officials with the Department of Corrections say the engineering design firm submitted a cost estimate without architecture or construction documents — and estimated a lower cost per square foot.
Brittany Skipper is the Director of Finance and Administration with the Department of Corrections. Despite lacking legislative support to build it, she says Corrections will push for the current project.
“The prison that was designed by our architects is the prison that the Department of Corrections thinks that we need to have. I don’t think the DLR report needs to be studied again,” Skipper said.
The state has until March 31 to secure the guaranteed price of $825 million.
Skipper said the project has already been reviewed by consultants and the legislature.
“Delaying the project for another study will only result in increased construction costs, which is $34 million a year just for inflation.”
But a year delay is increasingly likely.
The state purchased land near Sioux Falls for the facility and has already started prepping the site. That’s despite ongoing litigation and the Legislature not having green lit the project yet.
The current men’s prison houses some of the state’s most violent criminals. Its operating at 182 percent capacity. Officials say the facility is meant to hold 426 inmates. It is currently holding 775 inmates.
Officials say additional space will allow the corrections to offer programming and treatment to help reduce recidivism.
That’s been the position of the Republican controlled legislature for the last several years. However, the new Republican majority is skeptical of the project.
“Two-thirds of the House or the Senate would not agree that it’s Tuesday," said Republican Senate Helene Duhamel on Tuesday. She worked on task forces that recommended construction of two new prisons in the state.
“We just can’t agree on anything. And if you have to get two-thirds support for a spending authorization that’s going to be a challenge," Duhamel added.
Some lawmakers say the reaction to prison project is about something larger — how former-Governor Kristi Noem wielded spending authority during her time in office.
Chris Karr is the Senate President pro tempore. From daycare grants to lease agreements and budget transfers, Karr said the administration acted on projects without legislative approval.
“The shooting range. The prison. It’s ‘Hey, we’re going to go do this.’ And it’s not even ask for forgiveness later," Karr said. "It’s 'We don’t care about getting permission. We’re going to accept this authority.'”
Karr, who spent eight years on joint appropriations, is bringing several bills that set caps on projects the executive branch can undertake without lawmakers weighing in.
“It’s not rocket science. You got to bring us something — get that approval, so you can go spend those dollars," Karr added.
On Tuesday, all the remaining bills related to the men’s prison project — whether to study the issue further, transfer funding or prohibit construction—all failed. Karr said the project’s future is “up in the air.”
"“Everything with the prison so far has met with major opposition and has failed. But, there’s still a huge need to address corrections in South Dakota. I think that has to happen," Karr said, after lawmakers finished with crossover day. "I’m hoping that the executive branch and the legislative branch can figure out a contingency plan so we can address those needs.”
