The Forgotten Laws

✅ Prison Reform – Mercy for the People, Justice for the System
Pillar 5

✳️ Why This Is Needed

We were told prison was for the dangerous.
But today, it’s packed with the addicted, the sick, the poor, and the forgotten.

South Dakota locks up non-violent drug users, traumatized veterans, and struggling parents—while private prisons get paid more every time a cell is filled. Families are torn apart over pills, weed, and mental illness, while real predators walk free because they can afford a lawyer.

Prison has become a business.
Justice has become a schedule.
And the people? We’re paying the bill while losing our own.

We don’t have a crime crisis—we have a system that criminalizes being broken, addicted, or poor.

This is not justice.
This is not who we are.
And in South Dakota, we’re going to fix it.

🌱 What We Could Have

We could build a system that knows the difference between harm and a cry for help.

We could pardon every non-violent drug offender and redirect those lives into recovery, jobs, family, and hope.
We could shut down private prisons that profit from human misery.
We could replace jail beds with treatment beds, and court dates with healing timelines.

We could stop pretending that a criminal record is the only answer to addiction—and start treating people like people again.

We’re not talking about going soft—we’re talking about getting smart.

South Dakota could lead the nation in forgiveness, redemption, and real public safety.

🛠 How We Achieve It

Use the Governor’s pardon power on Day One to:

Pardon all non-violent drug offenders currently incarcerated

Vacate non-violent drug convictions on record

Restore civil rights to those released, including voting and employment

Immediately ban new contracts with private prison operators

Set a 2-year timeline to fully phase out private detention facilities in the state

Convert closed prison wings into rehab and recovery centers run by local providers and former inmates

Expand funding for:

Trauma-informed probation officers

Restorative justice programs

Job training and mental health clinics inside jails

Establish Second-Chance Housing Credits for landlords who rent to returning citizens

Reform state hiring practices to remove blanket felony bans on employment

Launch a Truth and Reentry Task Force to work with affected communities and track outcomes

We don’t throw people away in South Dakota. We give them a way back. And we will be the first state in the nation to turn a punishment system into a redemption system.

The Legislation

📜 SOUTH DAKOTA JUSTICE & REDEMPTION ACT
“Mercy is not weakness. It’s wisdom. And it’s time.”

SECTION 1. TITLE

This Act shall be known as the “Justice and Redemption Act of South Dakota.”

SECTION 2. LEGISLATIVE FINDINGS

The Legislature of South Dakota finds that:

  1. The incarceration of non-violent drug offenders has failed to reduce addiction or promote public safety.
  2. The use of private, for-profit prisons creates a financial incentive to increase incarceration, not reduce crime.
  3. True justice requires proportionality, rehabilitation, and mercy for those who are not a threat to society.
  4. The State of South Dakota holds the sovereign authority to administer justice in a manner consistent with the will of the people and the moral heritage of this republic.

SECTION 3. MASS PARDON OF NON-VIOLENT DRUG OFFENSES

(1) Upon the effective date of this Act, the Governor shall exercise constitutional pardon authority to issue:

  • A blanket pardon for all individuals currently incarcerated or on probation/parole in the state of South Dakota for non-violent drug possession, personal-use, or paraphernalia-related offenses.
  • A record expungement order for all individuals with a primary conviction that qualifies under this section, with automatic restoration of civil rights including voting, housing, and employment eligibility.

(2) All affected individuals shall receive written notice of pardon and instructions for civil rights restoration within 60 days of issuance.

SECTION 4. BAN ON PRIVATE PRISON CONTRACTS

(1) The State of South Dakota shall prohibit the establishment, operation, or renewal of any contract with a private prison company for the purpose of incarceration or detention of state prisoners.

(2) All existing contracts shall be phased out within 24 months of this Act’s passage.

(3) Upon termination of private prison use, the State shall convert affected facilities for:

  • Inpatient drug treatment
  • Reentry programs
  • Mental health stabilization centers
  • Veteran and trauma recovery housing

SECTION 5. SECOND-CHANCE REINTEGRATION FRAMEWORK

(1) Establish the South Dakota Reentry and Redemption Commission under the Department of Corrections, with authority to:

  • Provide legal aid, job training, and housing referrals to returning citizens
  • Coordinate with tribal nations, counties, and nonprofits to deploy peer-led recovery programs
  • Administer Second-Chance Tax Credits to landlords and employers who participate in reentry support

(2) The Commission shall publish an annual Redemption Report on outcomes, recidivism, employment, and housing stability.

SECTION 6. TRAUMA-INFORMED JUSTICE POLICIES

(1) All probation and parole officers shall be trained in:

  • Trauma-informed case management
  • De-escalation techniques
  • Cultural and addiction sensitivity

(2) Judges and prosecutors shall be permitted to divert eligible individuals into treatment-first pathways, which prioritize therapy, mentorship, and recovery over incarceration.

SECTION 7. CRIMINAL RECORD REFORM

(1) No public agency or contractor may impose blanket bans on employment based solely on past felony status if:

  • The offense was non-violent and drug-related
  • More than 3 years have passed since completion of sentence
  • The applicant can demonstrate rehabilitation or work readiness

(2) All state occupational licensing boards must review and revise current rules to remove unjust felony exclusions unrelated to the license's duties or public safety concerns.

SECTION 8. ENFORCEMENT AND FUNDING

(1) A Justice and Redemption Fund shall be created by reallocating funds saved from incarceration reductions into:

  • County diversion courts
  • Faith-based and community recovery programs
  • Public health partnerships

(2) The Attorney General shall have enforcement authority to investigate violations, discriminatory practices, or misappropriation under this Act.

SECTION 9. SEVERABILITY

If any provision of this Act is held unconstitutional or in conflict with federal statute, all remaining sections shall remain in full effect.

SECTION 10. EFFECTIVE DATE

This Act shall take effect immediately upon passage, and implementation of the Pardon Order shall begin within 30 days.

“We’re not letting violent predators go free. We’re freeing the people we never should have locked up in the first place.”