PIERRE, S.D. – The severely mentally ill would not be executed for committing a capital crime in South Dakota if a bill is passed by the state legislature this year and becomes law.
South Dakotans for Alternatives to the Death Penalty is behind the bill. The advocacy group's director, Dennis Davis, says the bill would allow a judge to order life in prison rather than execution if a person convicted of a capital crime has an intellectual disability or is found to be severely mentally ill when the crime occurred.
Davis maintains there are more effective ways to punish people who commit horrific crimes.
"When we execute someone, on their death certificate, the manner of death is checked off as homicide,” he points out. “The doctor will check it as homicide. It is state-sponsored homicide, and is that the kind of people that we are? And that's always the question that I ask. I think we're better than that."
Since the death penalty was reinstated in 1976, three males have been executed in South Dakota.
The House State Affairs Committee is scheduled to hear the bill on Wednesday.
Death penalty cases typically cost 10 times more than a first degree murder case, or an average of $1 million more per case than life imprisonment.
Davis says when you take the politics and emotion out of the death penalty, it no longer makes sense.
"Actually, in 2017 and 2016 were two of the lowest execution years since 1976, when it was brought back by the Supreme Court, so consciousness is raising throughout the United States, I think South Dakota also," he points out.
Davis' group has previously brought bills to completely repeal the South Dakota death penalty without success.
He says the justice system is not perfect, and far too many innocent people end up on death row.
"There's been 160 since 1976 that have been exonerated from death row,” he stresses. “They were innocent. Some spent as much as 30, 40 years on death row."
South Dakota is one of 32 states that still has the death penalty on the books, while 18 have abolished it. There are currently three men on death row.
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January is National Human Trafficking Prevention Month and educators are training workers in key industries to recognize and report the crime, including energy workers in places like Montana.
Human trafficking is the use of force, fraud or coercion to exploit people for sex or labor.
Lindsey Mattson, director of industry engagement for the group TAT, formerly known as Truckers Against Trafficking, said the industry makes big illicit profits globally, second only to the drug trade.
TAT now trains groups across the transportation sector that are likely to intersect with traffickers including energy workers and people working at truck stops and dealerships.
"We can mobilize millions of people to move from passive bystanders to active disrupters," Mattson explained. "That is really our goal, is to train as many people as possible throughout all transportation industries to truly have an impact on fighting this crime."
Gov. Greg Gianforte and Attorney General Austin Knudsen have prioritized addressing human trafficking in Montana. A 2023 law increased penalties for both traffickers and patrons. The state's Department of Justice worked nearly 130 cases related to trafficking in 2024.
Mattson stressed energy workers are vital eyes and ears on the ground, because they may use the same gas stations and hotels as traffickers. The workers themselves are targeted because they are often stationed in one place.
"They look for concentrations of men housed away from home with purchasing power," Mattson noted. "For the energy industry, something like a work camp or project location."
TAT has trained nearly 2 million professionals to identify and report the crime, including 50,000 energy workers in 43 companies.
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January is National Human Trafficking Prevention Month. In South Dakota, the push to secure justice for Missing and Murdered Indigenous Women remains a priority, but some call for more resources.
This crisis has garnered more attention at the national level in recent years, including the 2023 launch of an outreach program led by federal authorities.
South Dakota is a host district for one of the handful of U.S. attorneys assigned to this effort.
While that extra leadership might be helpful, Tanya Grassel-Kreitlow - a coordinator with the South Dakota Network Against Family Violence and Sexual Assault - said there still isn't enough funding to accelerate meaningful progress.
"We are desperate for funding," said Grassel-Kreitlow, "and without funding, we are not able to provide advocacy to work with the families of the missing, and to work with the potential victims - who we've identified through a lot of factors who have the potential to become missing."
She spoke during a forum last week hosted by the South Dakota Humanities Council. Panel members also said agencies still don't share enough intelligence to prevent crimes.
Funding came up during a Congressional hearing last fall, and a key lawmaker pledged a bigger level of support moving forward.
But it's unclear what that will look like when budget negotiations resume in the spring.
Lily Mendoza is a 2024 Bush Fellow and is the founder of the Red Ribbon Skirt Society out of Rapid City.
She said federal officials have improved their listening efforts when grassroots groups speak out on this issue.
And the Society reports good relationships with local law enforcement - but Mendoza said her team still has to fill in gaps to ensure accountability.
"You know, 'I got a call from a parent. They're concerned about their child. Can you check into this?'' said Mendoza. "So, those systems that the Not Invisible Act is supposed to be putting in place, the grassroots organizations are taking that on."
Mendoza said she does applaud a specialized federal unit, that launched in 2021, that can more freely navigate the country to help look into these cases.
According to federal data, 40% of all victims of sex trafficking are identified as American Indian and Alaska Native women.
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Today is International Human Rights Day, and much attention has been paid to North Dakota's growing refugee population and an assistance group suggested more individuals will resettle here, creating a number of positives.
In the federal fiscal year that recently ended, the organization Global Refuge said North Dakota welcomed more than 280 refugees, nearly double the previous year.
Dan Hannaher, North Dakota field director for the nonprofit, said there is room for more with employers clamoring for individuals to fill open jobs. He emphasized by welcoming new populations and helping them meet basic needs right off the start, local economies function better.
"Whether it's manufacturing, health care, retail, refugee resettlement and immigration is a key to our economic success," Hannaher contended.
Like other support groups, Hannaher stressed there is a difference between illegal immigration and programs allowing foreign-born individuals to seek a new life in America. He pointed out refugees are here legally but are still sometimes disparaged for "looking different."
State officials have prioritized linking new residents with job opportunities and Hannaher stressed as global conflicts evolve, it is likely more people fleeing those areas will need attention here.
Internationally, one of the main themes for this year's Human Rights Day is correcting misinformation and countering disinformation. Hannaher said even as refugees begin carving out new lives and play a role in their communities, some of their neighbors might still be overcoming preconceived notions.
"So often I feel that is the key to our problem is that it's difficult to recognize the unknown and understand it and get to know it," Hannaher observed.
Around the globe, countries taking in refugees have cited the need to address housing shortages as they try to accommodate new populations. North Dakota government has been brainstorming ideas on broader housing needs, with a series of recommendations recently unveiled.
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