State Rep. Kevin Jensen, R-Canton, holds a press conference on Nov. 12, 2024, at the downtown library in Sioux Falls. Jensen and others expressed concerns about a proposed men’s prison in rural Lincoln County. (Joshua Haiar/South Dakota Searchlight)
The city of Lennox agreed Tuesday to accept wastewater from a proposed state men’s prison in rural Lincoln County, the same day an opposition group filed a court appeal challenging the state’s right to build the prison without a county permit.
The Lennox City Council vote Tuesday evening came after state Rep. Kevin Jensen, R-Canton, shared news of the court appeal during a morning press conference at the downtown Sioux Falls library. He and others raised concerns about the management of the state Department of Corrections under Secretary Kellie Wasko.
“I’m being told by officers on the inside, they feel like the only policy changes being made are in order to show that it’s a disruptive system and we need a new prison,” Jensen alleged. “Maybe I’ll be challenged on that statement, but that’s what they’re telling me on the inside, that the policy changes make no sense.”
Wasko has said the aging state penitentiary in Sioux Falls is out of date and unsafe for prisoners and staff.
Some other state lawmakers have also expressed reservations about the prison project, particularly regarding escalating costs and the state’s transparency on the plan. However, not all believe Jensen’s allegation.
“This notion that she intentionally instituted policies to create instability in the prison to further her getting the new prison is completely ridiculous,” said Rep. Tim Reisch, R-Howard, who formerly served as secretary of corrections.
Jensen has been working with Neighbors Opposed to Prison Expansion, or NOPE. It’s a coalition of Lincoln County residents who filed a lawsuit in 2023 to block the construction of the new prison, claiming the state needs county permits and that local zoning boards should have a say in the project. Last month, a judge ruled in favor of the state, dismissing the case. NOPE’s appeal to the state Supreme Court seeks to overturn that decision.
The lawsuit came up Tuesday evening during the Lennox City Council’s discussion of the proposed prison wastewater agreement.
“We’re planning on moving forward,” said Ryan Brunner, a senior policy adviser to Gov. Kristi Noem.
The unanimous vote to accept the agreement will provide the city with $10.5 million in state funds. Testimony at the meeting included multiple NOPE members and allies pleading for a “no” vote. Others expressed excitement about the additional funds.
“This is going to give us a great opportunity to drastically affect the water bill of our community,” said Councilman Chad Swier.
Lennox is about 15 miles from the prison site, across Interstate 29 to the west. The state pursued Lennox because, in August, the Harrisburg City Council rejected an agreement to allow the prison to connect to that city’s treatment facility.
The state Legislature has set aside $569 million for the prison project over the past several years while awaiting a final cost estimate. The 1,500-bed facility would largely replace the Sioux Falls penitentiary, which has sections dating to 1881.
Lawmakers on the state budget committee will meet Thursday with an update about the prison project on their agenda.