SIOUX FALLS, S.D. -

Wayne Tobias, 30, is expected be a free man after serving four years in prison.

He was sentenced in September 2012 for assaulting a law enforcement officer.

His release concerns the South Dakota Department of Corrections.

Secretary Denny Kaemingk said they believe there's a high risk that Tobias will commit another crime, specifically against police due to his history of assaults on officers.

Kaemingk said the state has no choice but to let him go because he served his appropriated time.

The department said Tobias plans to live in the Sioux Falls area.

Kaemingk said local authorities were notified of their concerns about his release.

"We have briefed the Minnehaha County Sheriff's Department and the Sioux Falls Police Department on this last week,” said Kaemingk.

A combination of Tobias' criminal history and behavior while in the state penitentiary gives him a high-risk label.

While programs are available to help inmates lower their risk, Kaemingk said they haven't seen much change in Tobias.

"It certainly is very beneficial to many inmates that are in. They go out and do well. Some of them are not immutable to the programming and they end up leaving at a higher risk than we would like,” said Kaemingk.

When Tobias is released tomorrow, he will be under no supervision from the department of corrections or from a parole officer.

Tobias will live in temporary housing at first and will be free to move after that.