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mates, the state would have to spend an estimated $212 million to build and operate a new men's prison and a new women's prison in the next decade. The proposed programs would cost an estimated $51 million, resulting in a savings of more than $160 million, they said.
• South Dakota's adult inmate population rose from fewer than 55 inmates in 1977 to more than 3,600 last year, outpacing the national growth rate. They study panel reported that South Dakota has 416 inmates for every 100,000 people, far higher than the average imprisonment rate of 307 per 100,000 population in the neighboring six states.
• If the lock-up rate holds steady, South Dakota's adult prison population will increase by an estimated 900 inmates in the next decade, the panel estimated.
• Rep. Marc Feinstein, D-Sioux Falls, tried unsuccessfully to amend the bill by deleting a provision that removes preliminary hearings for those charged with Class 1 misdemeanors, offenses such as simple assault that carry a maximum penalty of a year in jail. Defense lawyers have argued that those hearings, which determine whether sufficient evidence exists to go to trial, are needed to help some defendants get their cases dismissed early.
• But other prosecutors and other lawyers have contended that few preliminary hearings are held for misdemeanors. House Republican Leader David Lust of Rapid City said 43 other states don't have preliminary hearings for misdemeanors, and getting rid of those hearings will save money so counties can afford to carry out new programs aimed at rehabilitating criminals.
• Rep. Stace Nelson, R-Fulton, argued that the 33-page bill is unconstitutional because it includes provisions dealing with more than one subject. The measure should have been split up into a number of bills so extensive hearings could have been held on the different parts, he said.
• However, Lust said all the measure's provisions deal with improving public safety. The measure was put together after three dozen meetings involving 400 court officials, prosecutors, defense attorneys and others, he said.
• "It's the way we should do things," Lust said.
• Supporters said sending offenders to prison isn't working, as many return to drinking, using drugs and committing crimes when they are released. The proposal would reserve prison for chronic, violent offenders, while enhanced probation and parole supervision would help nonviolent offenders avoid committing new crimes.
• Lust said the existing drug and alcohol courts are proven successes that not only save money but also improve people's lives.
• "They keep people in their communities. They keep people with their families,"

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