AG Jackley says DCI will investigate 'disturbance' at state prison

South Dakota Attorney General Marty Jackley says he's directing the state's Division of Criminal Investigation to investigate the "disturbance" Wednesday evening at the South Dakota State Penitentiary.

“I have directed the South Dakota Division of Criminal Investigation (DCI) to work with the state Department of Corrections to investigate the disturbance at the State Penitentiary," read the statement issued by Jackley on Thursday morning. "It is the Attorney General’s intent to prosecute those responsible for any harm done to correctional officers, other inmates, and state property to the fullest extent of the law.”

Official statements on what exactly happened at the state penitentiary have provided limited detail. A statement from DOC Secretary Kellie Wasko sent at 8:30 p.m. Wednesday said, "order has been restored at the South Dakota State Penitentiary," and noted the "disturbance" included a staff assault.

South Dakota Searchlight, a nonprofit news outlet and a content partner with the Argus Leader, reported at least one correctional officer had been assaulted.

More: Order restored after 'disturbance' at South Dakota State Penitentiary: DOC Secretary

Noelle Morgan, a woman whose partner is inside the penitentiary, told the Argus Leader on Wednesday she believed the incident was connected to the state's recent indefinite suspension and investigation of the use of tablets, texting and email services inside the prison.

The DOC suspended tablet usage and texting and email services March 8 for inmates with no definitive end date as part of what was described an ongoing investigation, South Dakota Searchlight reported.

The tablets, offered at no cost to the state by a private company contracted with the DOC for inmate telephone services, are something the inmates must pay to use, South Dakota Searchlight reported. They offer services like the ability to send messages, make phone calls, listen to music and more, including the ability to research or take courses online, the nonprofit news outlet reported.

Now the use of a landline is the only option, the news outlet reported. That can often involve long wait times or the frustration of talking over other inmates in loud common areas, South Dakota Searchlight reported.

Morgan called Wednesday's incident a riot. A riot is legally defined as a public disturbance involving an act or acts of violence by one or more people who are part of an assembly of three or more, according to Cornell Law School. A disturbance is more broad in defintion and includes a variety of conduct that "violates public order," the law school states.

She said Thursday she had not received a call from her partner since, nor had anyone else she knew with loved ones in the facility, leading her to believe that the prison may be on lockdown.

But officials have not responded to multiple questions by the Argus Leader in the last 24 hours about what exactly happened during and since the "disturbance," including how long it lasted, specifics of who was assaulted and how badly they were injured, how order was restored in the prison, whether the "disturbance" was indeed related to tablet usage and what sort of policies the prison has regarding such "disturbances."

Gov. Kristi Noem gave an interview to area broadcast media outlets Thursday afternoon, stating the tablet issue is what set off Wednesday's incident and that tablets had been used for "nefarious reasons," which is why the DOC investigation was underway. The Argus Leader has attempted to reach out to Noem for comment and a chance to expand, but has not received a response.

Inmates could be heard "yelling, screaming and banging" from outside the facility Wednesday evening, according to Argus Leader visual journalist Samantha Laurey, who was on scene.

A call at the location on the Sioux Falls Police Department's 30-day call log simply states "suspicious activity" at about 4 p.m. Wednesday. But Sioux Falls Police Department spokesperson Sam Clemens said Thursday morning the department was not one of the agencies that responded to the situation.

The Argus Leader was directed to multiple agencies Wednesday night said to be overseeing the response to the disturbance. It remains unclear, however, how many law enforcement agencies did respond.

Jon Berg, Sanford Health's lead media relations specialist, and Cale Feller, Avera Health's director of media relations and corporate communications, stated Thursday their emergency rooms did not see an 'influx of patients' on Wednesday evening connected to the incident, but refrained from sharing any further information, including how many — if any — staff or inmates were treated or what the range of injuries may have consisted of as well as their conditions.

According to a 2023 Fiscal Year Statistical Report about the DOC's correctional facilities, the state penitentiary had an onground population of 792 with an average daily population of 755.

A look at the history of offender assaults on staff in 2022 at the state's correctional facilities showed a five-year high, but in 2023 showed a five-year low with 61 total assaults. Of those, six resulted in serious injury to a staff member, the report states.

The report also states in 2023 there were 193 cases involving use of force, 85% of which were unplanned incidents. The Jameson Prison Annex had the most use of force cases in 2023 with 91 incidents, 63 (69%) in which pepper spray was used, the report shows.

This article originally appeared on Sioux Falls Argus Leader: SD State Penitentiary ‘disturbance’ to be investigated by DCI, AG says