State Rep. Derby says South Dakota should look to North Dakota for ideas on criminal justice system – kotatv.com

Report on South Dakota’s Criminal Justice Reform Initiative and Alignment with Sustainable Development Goals

Executive Summary

The state of South Dakota is undertaking a significant review of its criminal justice system following the approval of a new $650 million prison facility. A state-appointed task force will examine the expansion of rehabilitation services, with recommendations to study North Dakota’s model. This initiative presents a critical opportunity to align the state’s justice system with key Sustainable Development Goals (SDGs), particularly SDG 16 (Peace, Justice and Strong Institutions), SDG 10 (Reduced Inequalities), and SDG 8 (Decent Work and Economic Growth).

Analysis of Current Situation and Proposed Reforms in Context of SDG 16

State Investment and Institutional Challenges

Lawmakers in South Dakota have approved a major capital investment in a new prison, signaling a need to address capacity issues. However, State Representative Mike Derby has highlighted a discrepancy with neighboring North Dakota, which, despite similar demographics, maintains a prison population approximately half the size of South Dakota’s. This suggests that infrastructure investment alone is insufficient and must be paired with institutional reform to create a more effective and just system, a core tenet of SDG 16.

Task Force for Institutional Strengthening and Rehabilitation

The creation of a task force, chaired by Lieutenant Governor Tony Venhuizen, is a direct step towards fulfilling SDG Target 16.6 (develop effective, accountable and transparent institutions). The task force is mandated to explore the expansion of rehabilitation services, shifting focus from punitive measures to restorative justice. Its composition, which includes lawmakers, judicial members, law enforcement, and a tribal representative, supports SDG Target 16.7 by ensuring inclusive and representative decision-making.

A Comparative Approach to Advancing Justice and Reducing Recidivism

North Dakota as a Model for SDG-Aligned Policy

Representative Derby advocates for studying North Dakota’s approach, which appears more aligned with SDG principles of justice and prevention. An analysis of North Dakota’s system could provide a roadmap for South Dakota to achieve similar outcomes.

Key Areas for Investigation

The task force is encouraged to investigate several key policy differences that contribute to North Dakota’s lower incarceration rates:

• Preventative Investment: North Dakota allocates greater financial resources to initiatives designed to divert individuals from the criminal justice system.
• Rehabilitation and Recidivism Reduction: Increased spending on programs aimed at ensuring formerly incarcerated individuals do not reoffend, which supports social and economic reintegration.
• Legislative Review: An examination of existing South Dakota laws is necessary, including:
  1. The “truth-in-sentencing” law, which eliminated parole for certain violent crimes and mandated longer minimum sentences for others.
  2. A legislative trend of enacting progressively harsher penalties under a “tough on crime” framework.

Implications for Broader Sustainable Development Goals

Reducing Inequalities (SDG 10)

The significant Native American population in both states makes this a critical issue of equality. By including tribal representation on the task force and examining sentencing laws that may have disproportionate impacts, South Dakota can work towards SDG Target 10.3 (ensure equal opportunity and reduce inequalities of outcome). Effective rehabilitation is crucial for promoting the social and economic inclusion of all individuals post-incarceration.

Promoting Economic Growth and Reducing Poverty (SDG 8 & SDG 1)

A justice system focused on rehabilitation directly contributes to SDG 8 by preparing individuals for productive employment upon release. Reducing incarceration and recidivism breaks cycles of poverty (SDG 1) that are often exacerbated by an individual’s involvement with the criminal justice system, thereby fostering more resilient communities and sustainable economic growth.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

1. SDG 16: Peace, Justice and Strong Institutions
   • The article’s core focus is on the criminal justice system, including prison construction, sentencing laws, rehabilitation services, and the effectiveness of these institutions. The discussion about creating a task force to improve the system, comparing South Dakota’s high incarceration rate to North Dakota’s, and questioning “tough on crime” policies directly relates to building effective, accountable, and just institutions.
2. SDG 10: Reduced Inequalities
   • The article explicitly mentions comparing the two states based on demographics, including the “native American population.” This highlights a concern about how the justice system may disproportionately affect certain groups. Addressing the high incarceration rate involves examining and potentially reducing inequalities of outcome within the justice system, which is a central theme of SDG 10.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Under SDG 16: Peace, Justice and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The article discusses the impact of specific laws, such as the “truth-in-sentencing law” and other “harsher penalties” that contribute to longer prison stays. The call by State Rep. Mike Derby to “take a look at all that” is a call to review the legal framework to ensure it is just and effective, rather than purely punitive.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels. The creation of a task force to “expand rehabilitation services” and study North Dakota’s more successful model is a direct attempt to develop a more effective criminal justice institution. The article questions the effectiveness of the current system by pointing out that a state with similar demographics has “half the number of people in prison.”
   • Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels. The composition of the new task force, which will include “lawmakers, a judge, law enforcement reps, a tribal representative, and more,” exemplifies an inclusive and participatory approach to reforming the justice system.
2. Under SDG 10: Reduced Inequalities
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices… The specific mention of the “native American population” as a key demographic for comparison implies a concern that current laws and policies may be leading to unequal outcomes for this group. Reviewing these laws and their impact on different populations is a step towards achieving this target.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Prison Population Size: The article directly uses this as a key indicator of system effectiveness by stating that North Dakota, a state of “approximately the same size, demographics,” has “about half the number of people in prison.” This metric can be used to measure the outcome of policy changes.
• Recidivism Rates: The article implies this indicator by highlighting that North Dakota spends more money “on trying to make sure people who serve time don’t end up reoffending.” A reduction in reoffending (recidivism) would be a direct measure of the success of rehabilitation services.
• Proportion of Prison Population by Demographic Group: By singling out the “native American population” as a point of comparison, the article implies that the demographic makeup of the prison population is a relevant indicator. Tracking this proportion would measure progress towards reducing inequalities of outcome within the justice system (Target 10.3).

4. Table of SDGs, Targets, and Indicators

Source: kotatv.com