Ex-Homeland Security Secretary Kristi Noem is under fire after 12 of the 19 former convicts granted early release by her while she was South Dakota governor have been charged with new crimes, according to a report.
Noem, who was fired by President Donald Trump in March, served as South Dakota governor from 2019 until 2025. During that time, she took the highly unusual step of issuing commutations to 19 prisoners without a customary review by the state Board of Pardons and Paroles, The South Dakota Searchlight reported.
It is unclear what the 19 prisoners were serving time in prison for or how they were selected by Noem. However three individuals, released in 2022, have now pled guilty to new charges: drug possession, misdemeanor domestic violence, and driving under the influence.
Nine inmates released in 2023 are also suspected of committing new crimes. Six have been charged with drug possession, two with drug distribution, and one with domestic violence. The latter charge was later dropped.
Noem issued a further eight clemency orders for prisoners that were reviewed by the board during her time as governor. Five of those inmates were released and one has since been charged with a new crime, Searchlight reports.
The Independent has contacted Noem for comment.
Noem was dismissed by Trump after her DHS leadership resulted in episodes of chaos and scandal. While she was in charge, two Americans were killed by federal immigration agents in Minneapolis. On leaving DHS, she was given a newly-created role as “Special Envoy for the Shield of the Americas.”
In South Dakota, the governor has exclusive authority to issue commutations and pardons – commutations apply to sentences currently being served while pardons relate to past offenses.
A commutation can lead a prisoner to be released from their sentence early if it is subsequently found to be unjust while a pardon removes prior convictions from an individual’s record. In addition to 27 commutations, Noem granted 348 pardons during her time in the governor’s mansion.
Typically, the commutation process begins with an application to the Board of Pardons and Paroles not the governor directly. Applicants are expected to clear a two-person screening panel before being considered for a recommendation from the full nine-person board.
At the screening, there is a review the applicant’s record of conduct – in and out of jail – and interviews with the inmate, their sponsors and opponents.
If a majority of the nine board members agree on early release from their sentence, the matter is then passed to the governor’s office for consideration.
Noem’s successor, Governor Larry Rhoden, has issued two commutations since taking office. He received approval from the board in both instances. He has also issued 90 pardons.
South Dakota Representative Dusty Johnson, one of three people running against Rhoden in the Republican primary for governor June 2, has pledged to create a public safety task force if he wins.
Johnson said he wants to “reform the clemency process” and “help ensure violent criminals are prevented from repeatedly harming the public.”
Rhoden told the Searchlight that the system “is not broken, and I do not support changing it.”
