Full Breakdown
Kristi Noem’s Fast-Tracked Prison Commutations Under Scrutiny
5/19/2026, 7:02:36 AM
The Contested Commutations
Former South Dakota governor Kristi Noem granted 19 commutations in 2022-2023 without the customary review by the state Board of Pardons and Paroles. A South Dakota Searchlight investigation found that 12 of those 19 individuals have since been charged with new crimes, reigniting debate over Noem’s use of executive clemency.
Background and Legal Framework
South Dakota law gives the governor exclusive authority to issue commutations and pardons, but the standard process begins with an application to the nine-member Board of Pardons and Paroles. The board conducts a record review and interviews before recommending a decision to the governor. Noem’s 19 commutations bypassed this step, a departure from the norm.
Key Figures
- Kristi Noem – Governor 2019-2025, later U.S. Secretary of Homeland Security.
- Larry Rhoden – Noem’s successor, current governor.
- Dusty Johnson – Republican state representative and 2026 gubernatorial candidate.
- South Dakota Board of Pardons and Paroles – statutory review body.
- South Dakota Searchlight – investigative outlet reporting the new-charge data.
Data on Releases and Subsequent Charges
- Total commutations issued by Noem: 27 (including the 19 in question).
- Total pardons issued: 348.
- 12 of the 19 unreviewed commutations now face new charges.
- 2022 releases (3 individuals): drug possession, misdemeanor domestic-violence, driving-under-the-influence.
- 2023 releases (9 individuals): six charged with drug possession, two with drug distribution, one with domestic-violence (later dropped).
- Eight additional clemency orders went through the board; five resulted in release, and one of those five has been charged with a new crime.
Official Statements & Responses
Noem has defended the actions as “second-chance” opportunities, noting that the released inmates were deemed low-risk and would be monitored with GPS and alcohol-testing devices. Governor Rhoden asserted that the clemency system “is not broken” and opposed reforms. Representative Johnson pledged to create a public-safety task force and to “reform the clemency process” to prevent repeat offenses.
Criticism & Opposition
Political opponents and criminal-justice advocates point to the high proportion of new charges as evidence that bypassing the board undermined public safety. Johnson’s proposed task force reflects growing pressure to tighten oversight. Critics argue that the lack of transparency in selection criteria hampers accountability.
Conflicting Reports & Information Gaps
The Searchlight report does not disclose the original offenses for the 19 commuted inmates, nor the specific criteria Noem used to select them. The domestic-violence charge against one 2023 release was later dropped, creating ambiguity about the final charge count. No public explanation from Noem has been provided to clarify these omissions.
Verbatim Quotes
- “Each of these individuals has shown a low risk of reoffending.” — Kristi Noem, 2022 press release.
- “Last month, I commuted the sentence of a number of inmates who qualified, giving them parole. Now they can begin their supervised transitions back into the community. We will continue to evaluate these second-chance opportunities for those who can prove they deserve them.” — Kristi Noem, State of the State address, January 2024.
- “is not broken, and I do not support changing it.” — Larry Rhoden, interview with the Searchlight.
- “help ensure violent criminals are prevented from repeatedly harming the public.” — Dusty Johnson, campaign statement, May 2026.
What’s Next
The June 2, 2026 Republican primary will pit Governor Rhoden against Johnson and other candidates, each promising different approaches to clemency oversight. If elected, Johnson’s task force could recommend statutory changes to reinstate mandatory board review for all future commutations. Noem has not commented on the investigation as of this reporting.
