Kristi Noem speaking at an event
Kristi Noem’s Fast-Tracked Prison Releases Haunt Her After 12 New Charges
May 18 2026, Updated 3:53 p.m. ET
Former Homeland Security Secretary Kristi Noem is facing scrutiny for the commutations she granted while she was South Dakota's governor. A report revealed that 12 of the 19 prisoners she released early without the state's usual review process later faced new criminal charges.
Noem issued these 19 commutations in 2022 and 2023 without a review by the South Dakota Board of Pardons and Paroles, according to South Dakota Searchlight.
Noem's past as South Dakota governor is under scrutiny.
The Independent reported on Monday that the records do not explain what crimes the 19 prisoners were serving time for or how Noem selected them.
This report brings Noem's clemency record into focus after President Donald Trump removed her from the Department of Homeland Security in March. Noem was South Dakota’s governor from 2019 to 2025 before joining Trump's second administration.
Three individuals released in 2022 have pleaded guilty to new charges, reported The Independent. Their cases included drug possession, domestic violence, and driving under the influence.
In 2023, nine released individuals were also suspected of new crimes. Six were charged with drug possession, two with drug distribution, and one with domestic violence; however, the domestic violence charge was later dropped.
Noem issued eight clemency orders for prisoners who completed the board review process during her governorship. Five of these prisoners were released, but one has since been charged with a new crime.
Noem's spending during her lead role at DHS is coming to light.
Noem has not released a statement in response at the time of this report.
In South Dakota, the governor has the exclusive power to grant commutations and pardons. A commutation can shorten a sentence, while a pardon applies to past convictions. During her time as governor, Noem issued 27 commutations and 348 pardons, according to the report.
These cases have drawn attention because Noem bypassed the usual board process for most of the commutations now being reviewed. The state board doesn’t have final authority over clemency, but its review process creates a public record of how applications were assessed before a governor makes a decision.
Noem has previously described some early releases as second chances for prisoners she thought deserved them. In December 2022, she granted seven commutations just before Christmas for inmates serving time for violent crimes and drug offenses.
“These seven individuals have each earned a second chance,” Noem said at that time, according to a release noted by KOTA. “Each of these individuals has shown a low risk of reoffending."
The governor’s office indicated that these prisoners would be released with electronic monitoring, intensive parole supervision, GPS tracking, and alcohol-monitoring devices. They would return to prison for any parole violations.
This renewed attention comes during a tough time for Noem's political career. After leaving DHS, she accepted a newly created role as special envoy for the Shield of the Americas.
Her time as head of DHS is also under review by Judiciary Democrats for corruption and misuse of funds.
The commutation report gives Noem's critics a tangible record to evaluate her tenure in South Dakota and Washington. For Noem, the key issue is not just why she skipped the board in those 19 cases, but why more than half of that group later got involved in the criminal justice system again through new charges.