South Dakota Attorney General Marty Jackley hopes to prevent and catch future criminal conduct by state employees with new reporting requirements, protections for whistleblowers and a bigger role for the state auditor, according to a package of legislation he released Tuesday.
Jackley unveiled seven bills for lawmakers to consider during the annual legislative session that kicks off next Tuesday at the Capitol in Pierre.
Jackley’s bills focus on government accountability, human trafficking, prison contraband and probation.
Government accountability
Jackley’s government accountability measures come in response to several prosecutions he began last year against former state employees.
Those cases include allegations of former Department of Revenue employees creating fake vehicle titles to secure loans and avoid excise taxes, a former Department of Social Services employee allegedly embezzling $1.8 million, and a former Department of Public Safety employee allegedly filing fake food-service health inspection records for inspections that were never conducted.
“Protecting taxpayer dollars and restoring the public’s trust in government should be given high priority,” Jackley said Tuesday in a press release.
One of his proposed measures would require state employees in supervisory roles to report suspected unlawful conduct to the attorney general and state auditor. Failure to report suspected violations would be classified as a felony.
Additionally, the attorney general would be required to submit an annual report to lawmakers on the state budget committee outlining the number and outcomes of misconduct reports received.
Another bill seeks to shield state employees from retaliation for reporting misconduct or participating in audits and investigations. The bill would:
- Prohibit state supervisors from discharging, discriminating against or taking any other retaliatory action against whistleblowers.
- Establish a process allowing state employees to file complaints with the attorney general within two years after experiencing retaliation.
- Authorize courts to reinstate employees and award back pay if they suffered illegal retaliation.
A third measure would authorize the state auditor to access all financial records of every state agency to conduct audits, investigate improper conduct and ensure internal controls are in place and maintained.
The fourth bill proposes state agencies conduct mandatory annual risk reviews, with results submitted to the Board of Internal Control. The reviews would assess agencies’ risk management practices and identify vulnerabilities.
Human trafficking
Another proposal would revise human trafficking laws and prohibit the obstruction of their enforcement.
“Human trafficking remains a national concern that we are not immune from, and this legislation strengthens victim protections and enhances our ability to hold offenders accountable,” Jackley said.
The bill would update the definitions of human trafficking in the first degree and second degree and would:
- Establish mandatory minimum prison sentences of 15 years for a first offense and 20 years for a second or subsequent offense of human trafficking in the first degree.
- Establish mandatory minimum prison sentences of five years for a first offense and 10 years for a second or subsequent offense of human trafficking in the second degree.
- Create the new felony crime of obstructing the enforcement of human trafficking laws.
Prison contraband
Jackley’s legislative package also includes measures dealing with contraband in state correctional facilities. Officials with the state Department of Corrections reported finding contraband during a lockdown last year at the penitentiary in Sioux Falls.
Existing laws prohibit inmates from possessing drugs, unapproved prescription drugs, alcohol and weapons. Among other provisions, the proposed legislation would add unapproved cell phones and electronic communication devices to the list of banned items, clarify that employees and other people are prohibited from giving a similar list of items to inmates, and adjust the severity of various penalties for the different types of contraband.
Presumptive probation
Another proposal addresses South Dakota’s presumptive probation system, which mandates that some non-violent offenders receive probation instead of prison time. Jackley’s bill would make re-offenders who were already on probation or parole supervision ineligible for presumptive probation.
The bill also adds those convicted of threatening public officials or fleeing law enforcement to the list of ineligible offenders, as well as sex offenders who violate safety zones.
“Sentencing courts need more flexibility to impose appropriate sentences for certain violent offenders, and those choosing to reoffend while on probation or parole,” Jackley said.
