John Hult, South Dakota Searchlight
Gov. Kristi Noem has issued seven pardons this fall, bringing the total number she’s granted since taking office to 348.
The pardons went to people convicted of a range of misdemeanors and low-level felonies, including decades-old repeat DUI convictions, drug possession and domestic disorderly conduct. All seven pardons were signed on Nov. 27.
Noem has yet to issue any new commutations since the summer, when she commuted the sentences of two people convicted of murder in 1971 and 1999, respectively. Commutations shrink existing sentences, typically allowing an inmate a chance at early release. Pardons, by contrast, remove a conviction from a person’s record entirely. Noem has issued 27 commutations since her first term began in 2019.
In South Dakota, the state Board of Pardons and Paroles recommends clemency after hearing from the person requesting it, unless the person qualifies for a “paper review” based on having a lower-level offense. All but one of the most recent pardons resulted from paper reviews, the other one resulted from a hearing, and all received positive recommendations.
A majority vote of the board’s nine members sends the recommendation to the governor, who has the sole discretion to issue pardons and commutations under the South Dakota Constitution.
After Noem grants clemency, pardons and commutations are filed with the secretary of state. Pardons are sealed five years later.
The governor hasn’t always waited for or concurred with the board in her clemency decisions. In 2022, she commuted the sentence of Tammy Kvasnicka, who was convicted of vehicular homicide for a 2010 Sioux Falls traffic crash. The board had recommended denial for Kvasnicka. That commutation and six others were issued right around Christmas in 2022.
Just after Christmas last year, Noem commuted the sentences of 12 people convicted for felony drug ingestion. That charge, which is unique to South Dakota, allows prosecutions for drug possession based on a failed drug test. None of the 12 people whose ingestion charges were commuted last Dec. 29 had applied for a commutation through the parole board. In her State of the State speech delivered 11 days after signing the commutations, the governor told lawmakers that the state believes in second chances, and that the people offered them through her commutations will have the chance to return to work and take care of their families.
“If South Dakotans do get involved in drugs or another aspect of crime, that should not be the final word,” Noem said in the Jan. 9 speech. “Their punishment should match their crime, but they should also have the opportunity to rehabilitate and become better, more capable members of our society.”
The most recent pardons may be some of Noem’s last. She has been nominated by President-elect Donald Trump to serve as the next Department of Homeland Security secretary. Trump takes office on Jan. 20, and a Senate vote to confirm Noem could come soon afterward.