SOUTH DAKOTA(Press Release)- Governor Larry Rhoden selected September 23, 2025, to hold a special session for state legislators with one subject, “Should South Dakota build a new men’s state prison?”

A little background – as legislators returned home from the 2024 session, news reports were released that the location of the new prison would be in Lincoln County with a price tag of $825 million dollars. This information came as a surprise to legislators — both the location and price. In early 2025, Governor Noem departed for a position in Washington D.C., and at the time Lieutenant Governor Rhoden was sworn in as our 34^th State Governor. One of his first tasks was to continue to move forward on the prison project.  Many, if not all legislators, got the privilege of sitting across from Governor Rhoden explaining why we couldn’t support the prison project, location, and cost. In turn, we believe that Governor Rhoden made a positive move by stepping back and creating “The Prison Taskforce” with three questions to be answered:

1. Is a new prison needed? The original structure named the “Hill” is 144 years old and built when South Dakota wasn’t even a state. The newer facilities, located at the Hill, will continue to be utilized. The answer was “yes”, we need a new facility.
2. Where should it be built? Several South Dakota cities came forward believing the prison would be economic development, creating new jobs and industries, but in the end, a new site was picked and purchased on E. Benson Road in Sioux Falls. Existing workforce, existing utilities, and service available after inmates are released were positive advantages for this location.
3. How big of a complex/prison? The original plans called for 1,500 beds in cells, proper room for education, treatment, and religious reform. The new plan is to have around 1,200 beds in cells and 300 dorm style sleeping rooms with training and religious rooms equal to the original plans.

District 23 Senator Mark Lapka was asked and accepted a position on the Governor’s Prison Task Force, where he attended five meetings throughout the spring and summer.  Serving on the task force afforded Senator Lapka the opportunity to listen, gather accurate information and answer questions to the public and other legislators, while addressing the three questions. This allowed for greater transparency in the decision-making process, and after 50+ hours of listening sessions, meetings, facility tours, and more, there was ample time to have questions and concerns addressed.

What else was done right? In 2022, when District 23 Representative Moore and Senator Lapka weren’t even considering a run for state office, South Dakota was a recipient of increased revenue with a line of organizations and departments looking to spend the funds on short term needs. Then District 23 House of Representative and Speaker of the House Spencer Gosch worked alongside other legislators to create the ICF (Incarceration Construction Fund) knowing it was past time to modernize our existing facilities. The legislators didn’t just create the fund but also deposited just short of $87 million in the fund the first year with the intention of keeping the South Dakota taxpayers from having to bond for the project and leaving future generations with hefty interest payments. More funds followed when they came available.

The State has and will have the money by completion date using funds in the ICF, interest being currently earned, and with some funds coming from the general funds. What is amazing is funds that were put away for this project are actually being used for the project. The original $825 Million price tag was negotiated to $650 million with a signed guaranteed letter from the construction manager, not to exceed the $650 Million. The legislators asked for 100-year construction and that is the specification being used. There are no plans to cut corners on this project.

Will this project complete the problems with incarceration in South Dakota? The answer is no; it is just the beginning. Through conversation during the task force and outside the task force along with the resignation of Department of Correction Secretary Wasko, there is no doubt that South Dakota Legislature needs to stay engaged and make improvements to rehabilitation of male and female prisoners a priority. Building a warehouse for individuals that have taken a bad path is an endless expenditure. We need to give these individuals the tools and opportunities to reenter society as productive citizens once their time is served.

In fact, Governor Rhoden is in the process of creating a taskforce to address rehabilitation efforts.

Ultimately, the final vote on Senate Bill 2 (to fund the construction of a new men’s prison) was:

Senate — 24 yes, 11 no, and

House — 51 yes, 18 no, and one excused.

Having reached the 2/3 majority vote and signed by the Governor, the prison will be built, and as your District 23 representatives, we believe it is a win.  The legislature demanded more transparency, saved the taxpayers millions of dollars, moved the site to a friendly location, and finalized a contract to get a much-needed project done.

As legislators, we don’t believe this is a perfect plan, but is a good plan for today and as we move into the future. We have a responsibility to keep all South Dakotans safe, and with the passage of Senate Bill 2, inmates and correctional officers will be much safer moving forward.

Please have a safe fall harvest and hunting season,

District 23

Senator Mark Lapka

Representative Spencer Gosch

Representative Scott Moore