More than half of inmates released early by Kristi Noem without parole board review have already been re-charged

When you examine the records from South Dakota’s recent clemency decisions, a clear pattern emerges about the risks tied to bypassing standard safeguards. Former Governor Kristi Noem granted early releases to 19 inmates without the usual input from the state’s Board of Pardons and Paroles. Of those, 12 have faced new criminal charges since gaining freedom, with nine pleading guilty. This outcome stands in contrast to releases that followed the board’s review process.

These numbers highlight ongoing questions about balancing mercy with public safety in a state that has wrestled with tough drug laws and prison capacity. Noem’s approach, concentrated around Christmas in 2022 and 2023, gave immediate release to all 19 recipients. Many involved drug-related convictions at a time when ingestion charges carried felony weight.

Tracking the outcomes after release

You see the impact most clearly in the repeat offenses. The new charges against the 12 individuals centered largely on drugs, including seven felonies. Six from the 2023 group faced possession counts, while others dealt with distribution. One woman, released in 2023, later received a 10-year sentence with five suspended after distribution charges.

This track record differs sharply from the eight commutations Noem issued after board recommendations. Only one of the five released in that group picked up a new charge. The data suggests the board’s screening, involving interviews and record reviews, filtered cases differently than direct gubernatorial action.

Understanding the bypassed review process

The standard path for commutations in South Dakota routes applications through the Board of Pardons and Paroles first. Applicants face screening panels, full board hearings, and input from supporters and opponents before any recommendation reaches the governor. Noem followed this for some cases but skipped it for 19 others, a step not taken by governors in about two decades.

Her 2022 and 2023 batches granted instant freedom rather than gradual eligibility for parole. Many 2023 releases involved people convicted of controlled substance ingestion, offenses lawmakers later downgraded. How those specific names reached her desk remains unclear, as her administration did not detail the selection.

Comparing results with board-reviewed cases

When the board weighed in, outcomes leaned toward fewer immediate problems. One recipient, Mark Milk, received a commutation after a unanimous board vote on his manslaughter conviction. He later faced a felony eluding charge. Overall, though, the reviewed group showed lower re-charge rates among those freed.

The contrast raises practical points about expertise in clemency. Board members examine prison behavior, victim perspectives, and reentry plans in detail. Direct releases, by design, operated with less of that layer, producing results that now fuel debate over consistency.

Current leadership and proposed changes

Governor Larry Rhoden, who succeeded Noem, has stuck to board-reviewed commutations and issued additional pardons. He views clemency as a needed check on the courts but emphasizes accountability. In the ongoing Republican primary for governor, candidate Dusty Johnson has called for reforms, including potential constitutional changes to require board input on all clemency acts.

These discussions come as South Dakota builds new prison facilities and revisits drug sentencing. Johnson argues for expert involvement to protect against repeat harm, while Rhoden sees no need to alter the constitution itself. The exchange reflects wider tensions over second chances versus community safety.

Weighing mercy against measured risk

Clemency remains a core gubernatorial power in the state, used by Noem for 27 commutations total alongside hundreds of pardons. Bypassing review for nearly three-quarters of her commutations tested the boundaries of that authority. The subsequent charges, mostly drug-related, echo the challenges of reentry for people with substance issues under prior laws.

Observers note that traffic citations and minor matters appeared in some cases but were not tallied as reoffending here. Still, the felony-level returns to the system for over half the no-review group underscore why process matters. South Dakota continues grappling with how to extend opportunities without overlooking patterns that affect residents.