
Davison County board, sheriff discuss long-term need for a new county jail
May 30—MITCHELL — While talk about a potential state prison outside of Mitchell has gotten more attention, Davison County leaders have said their own "worst in the state" corrections facility needs replacement soon.
The topic was a discussion item on May 27 as the commissioners went through the county sheriff's 2026 budget.
"It's not uncommon to see pieces of concrete coming off of walls," Davison County Sheriff Steve Harr said. "We're very well known in South Dakota amongst law enforcement and inmates that we have the worst jail in South Dakota. It's seen its day."
The current facility is located at 1015 S. Miller Ave., one that the county has used for a jail for nearly 30 years.
The county purchased the former Methodist hospital in the early 1990s and repurposed a portion of it move the jail from the Davison County Courthouse in 1996. Other elements of the building date back further and the county has had to regularly update the building's mechanical equipment in recent years to keep the building operational. The jail has a maximum capacity of 72 inmates but Harr said the realistic capacity is closer to 60 inmates at once.
The current Davison County facility has one big positive that the county doesn't want to lose. It has the sheriff's office, jail and courtroom facilities all in one building, which makes transportation of inmates much easier and the overall administration of courts and corrections move smoothly.
"It's going to be an expensive project when we get to it," Harr said. "Expensive probably isn't the right word for it."
Harr said he's received a standing offer from Minnehaha County to tour their corrections facility, which was expanded in 2020 to add 320 inmate beds to bring the total to more than 700.
Harr would like the commissioners to see the Lawrence County facility near Deadwood, which was completed earlier this year and took more than two years to complete. The commissioners discussed taking a potential field trip to the current Davison County Jail and to Sioux Falls around upcoming meetings to learn more about its needs.
Harr said one potential plan to help fund the new facility would be to accept federal inmates. That's something the county can't currently do because it doesn't have the space.
A site south of Mitchell is among the possible sites being discussed by a state panel that is looking at building a new state prison, with Mitchell offering the land last month. The commissioners,
in a previous meeting, were supportive of that idea
, although their own jail needs would almost certainly require a separate project.
"I'm still pro getting a prison and putting a little lean-to (building) on it for the county," Commissioner Chris Nebelsick joked about the two potential projects.
Commissioner John Claggett said he hopes the county project would be less than the Mitchell High School project, which is nearly $70 million and will be completed later this year.
"It won't be," Commissioner Denny Kiner said of Claggett's price hopes being low.
"The problem is we're doing a new school, we're spending $15 million on the lake and everyone is just spent right now," Nebelsick said. "And people are going to be asking about a jail but I'm out in the public telling everyone I see that we need a new jail. Anybody that knows me knows me, knows we need a jail and knows why."
Harr said a potential collaboration with the city of Mitchell on a new public safety building should also be considered, he said, with a city-county partnership that has become increasingly more frequent in communities in South Dakota and around the Midwest.
"It's probably a conversation to have with the city, as well, to have one modern facility rather than two rundown buildings," Harr said.

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Davison County board, sheriff discuss long-term need for a new county jail
May 30—MITCHELL — While talk about a potential state prison outside of Mitchell has gotten more attention, Davison County leaders have said their own "worst in the state" corrections facility needs replacement soon. The topic was a discussion item on May 27 as the commissioners went through the county sheriff's 2026 budget. "It's not uncommon to see pieces of concrete coming off of walls," Davison County Sheriff Steve Harr said. "We're very well known in South Dakota amongst law enforcement and inmates that we have the worst jail in South Dakota. It's seen its day." The current facility is located at 1015 S. Miller Ave., one that the county has used for a jail for nearly 30 years. The county purchased the former Methodist hospital in the early 1990s and repurposed a portion of it move the jail from the Davison County Courthouse in 1996. Other elements of the building date back further and the county has had to regularly update the building's mechanical equipment in recent years to keep the building operational. The jail has a maximum capacity of 72 inmates but Harr said the realistic capacity is closer to 60 inmates at once. The current Davison County facility has one big positive that the county doesn't want to lose. It has the sheriff's office, jail and courtroom facilities all in one building, which makes transportation of inmates much easier and the overall administration of courts and corrections move smoothly. "It's going to be an expensive project when we get to it," Harr said. "Expensive probably isn't the right word for it." Harr said he's received a standing offer from Minnehaha County to tour their corrections facility, which was expanded in 2020 to add 320 inmate beds to bring the total to more than 700. Harr would like the commissioners to see the Lawrence County facility near Deadwood, which was completed earlier this year and took more than two years to complete. The commissioners discussed taking a potential field trip to the current Davison County Jail and to Sioux Falls around upcoming meetings to learn more about its needs. Harr said one potential plan to help fund the new facility would be to accept federal inmates. That's something the county can't currently do because it doesn't have the space. A site south of Mitchell is among the possible sites being discussed by a state panel that is looking at building a new state prison, with Mitchell offering the land last month. The commissioners, in a previous meeting, were supportive of that idea , although their own jail needs would almost certainly require a separate project. "I'm still pro getting a prison and putting a little lean-to (building) on it for the county," Commissioner Chris Nebelsick joked about the two potential projects. Commissioner John Claggett said he hopes the county project would be less than the Mitchell High School project, which is nearly $70 million and will be completed later this year. "It won't be," Commissioner Denny Kiner said of Claggett's price hopes being low. "The problem is we're doing a new school, we're spending $15 million on the lake and everyone is just spent right now," Nebelsick said. "And people are going to be asking about a jail but I'm out in the public telling everyone I see that we need a new jail. Anybody that knows me knows me, knows we need a jail and knows why." Harr said a potential collaboration with the city of Mitchell on a new public safety building should also be considered, he said, with a city-county partnership that has become increasingly more frequent in communities in South Dakota and around the Midwest. "It's probably a conversation to have with the city, as well, to have one modern facility rather than two rundown buildings," Harr said.
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Freewill Baptists started the school in 1844 as a non-denominational institution. The college declined to say if it believed it qualified for the exemption, but its president, Larry Arnn, has written an opinion column arguing against the endowment tax. It also hired lobbyists to address threats tied to it, Politico reported. In his column, Arnn does not address the question of religion. But he described the tax as an incursion into Hillsdale's autonomy that would affect its ability to offer financial aid. 'It would force us to cut resources, to limit opportunities, to pass burdens onto students and their families — all in the name of a fairness that is not fair,' Arnn wrote. Others share Arnn's skepticism. The Council for Christian Colleges & Universities, an organization with more than 150 member institutions in the U.S. and Canada, said it had 'serious concerns about the endowment tax in principle.' But it welcomed the break for religious schools. The organization hopes the exemption will be applied to institutions without a continuous affiliation to a specific denomination. 'Many schools operate with a clear and consistent religious identity while remaining independent of formal denominational structures,' spokesperson Amanda Staggenborg said. 'These institutions are no less committed to their faith-based missions and no less deserving of protection.' USA TODAY reached out to the White House for comment. Could the tax lead to more litigation? The proposed tax structure 'amounts to a kind of gerrymander' that would violate the First Amendment if enacted, according to Daniel Conkle, a professor emeritus at Indiana University's Maurer School of Law. Allowing an exemption for religious schools favors the religious over the secular, he said, and limiting the exemption to only those institutions established after 1776 disfavors religious organizations with longer histories. Conkle noted the U.S. Supreme Court's 1982 ruling in Larson v. Valente, a case over a Minnesota statute that created different reporting requirements for religious organizations depending on how many of their contributions came from their own members. Related: Trump says he wants 'names and countries' of all international students at Harvard In writing for the majority, Justice William Brennan said the 'clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another.' In order for the endowment tax to be constitutional, Conkle said there would have to be a content-neutral justification for the structure that shows it is neither targeting universities for perceived 'wokeness,' a violation of free speech, or discriminating among religions in violation of the establishment clause. He said the massive financial implications of the proposed tax structure mean there's 'no doubt that there's going to be litigation' if it's passed into law, Conkle said. Why not draw down the endowment? Endowments generally come from private donors and are often made up of donations that have been accumulated over years. An endowed gift is meant to support the college or university long term and may come with donor restrictions on how it's spent. Critics of large university endowments often question why the schools continue to receive taxpayer funding when they seemingly have a huge pot of money to draw from. Broadly, universities are not pulling money directly from their endowment to fund financial aid. Rather, they invest those funds and then use those returns to provide scholarships. The idea of the endowment, Young said, is that it offers support not just for the current class of students but all those that are to come. Drawing down the endowment, Young said, limits that ability. What's more, for endowments to remain effective they must grow to meet the demands of the economy. A shrinking endowment, Young said, can't do that. At the same time, universities generally must raise tuition to keep up with the cost of inflation. 'We also increase the amount of aid we give every year due to inflation,' Young said. 'As our endowment is subject to taxes that diminishes our ability. It's a vicious circle.' A better way to tax college endowments? The college endowment tax is also seeing pushback from unexpected sources. Neal McCluskey at the libertarian-leaning CATO Institute wrote the tax system should not be used to punish political enemies, but that clearly was the goal with the Republicans plan. He said endowments come from donors who give their money willingly, a model he argued the government should reward. 'If people want to give their own money to 'woke, elite universities,' who is the government to judge? Instead, it should worry about its own, forced funding of higher ed,' he wrote. James Murphy, the director of postsecondary policy at the advocacy group Education Reform Now, also questioned the motivation behind the tax and said the first version of the endowment tax failed to reduce the cost of education. It's unrealistic, he added, to expect the universities to simply enroll more students to drop below the $500,000 per student figure. For example, it would require Harvard to add 80,000 more students, he wrote in a recent column. 'An endowment tax isn't necessarily a terrible idea, but this version of it is a terrible idea to be sure,' he said. Others think university endowments should be taxed but with specific goals in mind. Massachusetts state Rep. Simon Cataldo, a Democrat, introduced a version of an endowment tax − he calls it a public service fee − in January 2023 in anticipation of the U.S. Supreme Court's ruling on affirmative action. His legislation targets institutions that use what he described as unfair admission practices, like giving an advantage to legacy students. In his model, Harvard would be taxed, but institutions like the Massachusetts Institute of Technology would not. His rate is also much lower. At the highest rate universities would pay 0.2% of their endowment. That rate is also based on the endowment rate per student. In addition, Cataldo said his proposal, which is still being considered by the state legislature, would redirect money to public colleges. 'Shame on the Democrats for not identifying this issue as something that was important and something that resonates with the general population,' Cataldo said. 'This bill is far more carefully crafted to address practices that are actually harmful, and, also, importantly gives schools the option to do the right thing.' USA TODAY'S coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners. Funders do not provide editorial input.