Lifers who committed their crimes before they were 25 years old will not have a chance at parole when they turn 50. Senate Bill 146 has been killed in the House Judiciary Committee. The bill offered a second chance to young offenders serving life sentences. But opponents say life means life in South Dakota.
Senator Art Rusch is a retired judge who sponsored Senate Bill 146. He says he has spent decades serving in the criminal justice system, including a stint as a state’s attorney.
“When you’re a prosecutor, it’s important that you listen to the victims. But the victims are not your clients. Your client is society.”
Rusch tells members of the House Judiciary that judges have discretion in sentencing when life without parole is not mandatory. In those instances, they hear testimony and investigative reports on the offender’s life before imposing sentence. But that process can’t predict the future.
“When you’re sentencing somebody, how do you know if they’re going to be rehabilitated? How do you know what their prospects for rehabilitation are?”
He notes that judges can reconsider the judgment within a year after sentencing, but that’s not enough time for the inmate to mature.
Chief Deputy Attorney General Charlie McGuigan testifies against the bill. He hands out a list of 73 inmates currently serving life without parole who would qualify for reconsideration. Of those, 53 were convicted of first or second-degree murder.
McGuigan says in those 53 cases, life without parole is mandatory under state law, and those sentences should stand.
“In SD we have made promises to victims and to the public that life means life in SD, and the only way to get out of a life sentence is to apply for and receive executive clemency.”
He says under clemency over the years, several inmates have had their sentences commuted to a term of years.
McGuigan says in the other 20 cases on his list, judges had discretion to impose a lesser sentence and didn’t, even though they often hold lengthy hearings and order extensive investigations.
The committee voted to send the bill to the 41st legislative day, which doesn’t exist, and therefore effectively killed the bill.