South Dakota: Criminal Justice Reform Challenges in South Dakota’s Criminal Justice System SCAO STATE COURT ADMINISTRATOR’S OFFICE SD UNIFIED JUDICIAL SYSTEM   June 27, 2017

Prison Population Two new prisons $207 million dollars by 2022

South Dakota: Understanding the Problem (FY 12) Over 80% of prison admits for new commitments were sentenced for nonviolent offenses, and 60% of prison population was in for nonviolent offenses Prisoners with drug and alcohol offenses made up one-third of the prison population 80% of probation violators sent to prison were for technical violation- 57% of those were alcohol violations 41% drug violations

32% of Offenders in Prison Sentenced for Drug and Alcohol Crimes

Drug Possession Most Common Crime in Prison Population Top 10 Offenses in Prison   Number in Prison % of Prisoners Cumulative % Average Time Spent in Prison So Far (Years) POSSESSION OF CONTROLLED SUBSTANCE 437 12% 0.9 GRAND THEFT 314 9% 21% 1.8 AGGRAVATED ASSAULT 264 7% 28% 3.7 DWI 3RD OFFENSE 241 35% 0.8 SEX. CONT W/ CHILD < 16 214 6% 41% 5.0 BURGLARY 3RD 183 5% 46% DWI 4TH OFFENSE 120 3% 49% FORGERY 105 52% 1.7 ROBBERY 1ST DEGREE 100 55% 4.8 RAPE 1ST DEGREE 99 58% 8.3

Highest imprisonment rate of all neighboring states; No corresponding reduction in crime rates; Over 50% of female offenders in prison for drug and alcohol crimes; 42% of all parolees return to prison within 3 years. 2/3 are for technical violations

Key Challenges Delivering substance abuse services to a large rural state; Reducing technical violations Lack of targeted interventions- specialized supervision programs Need to establish swift and certain sanctions Long supervision terms for compliant offenders Disparate impact on Native Americans Stress of meth epidemic on the system