reglab/housing_qa huggingface dataset:
SD Codified L § 23-24-11 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-11 - Rights of accused person before delivery to agent for extradition--Violation as misdemeanor.

23-24-11. Rights of accused person before delivery to agent for extradition--Violation as misdemeanor.No person arrested on a Governor's warrant shall be delivered to the agent appointed to receive him until he has been first taken to a judge of the circuit court in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel. Any officer who delivers to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in intentional disobedience of this section is guilty of a Class 2 misdemeanor. Source: SDC 1939, §§34.1710, 34.9907; SL 1953, ch 200, §§10, 11; SDC Supp 1960, §34.9908; SL 1979, ch 150, §30.
SD Codified L § 23-24-12 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-12 - Application for habeas corpus to test legality of arrest.

23-24-12. Application for habeas corpus to test legality of arrest.If a prisoner taken before a judge pursuant to §23-24-11 or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state. Source: SDC 1939, §34.1710; SL 1953, ch 200, §10.
SD Codified L § 23-24-13 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-13 - Confinement in jail when necessary.

23-24-13. Confinement in jail when necessary.The officer or persons executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or first or second class municipality through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping. Source: SDC 1939, §34.1711; SL 1953, ch 200, §12; SL 1992, ch 60, §2.
SD Codified L § 23-24-14 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-14 - Taking prisoner from another state to demanding state through this state--Confinement in jail.

23-24-14. Taking prisoner from another state to demanding state through this state--Confinement in jail.The officer or agent of a demanding state to whom a prisoner may have been delivered following the extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or first or second class municipality through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping; provided, however, that such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state. Source: SL 1953, ch 200, §12; SDC Supp 1960, §34.1711; SL 1992, ch 60, §2.
SD Codified L § 23-24-15 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-15 - Arrest prior to requisition.

23-24-15. Arrest prior to requisition.Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and, except in cases arising under §23-24-7, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under §23-24-7, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge, magistrate, or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. Source: SDC 1939, §34.1712; SL 1953, ch 200, §13.
SD Codified L § 23-24-16 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-16 - Arrest without a warrant.

23-24-16. Arrest without a warrant.The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or incarceration for a term one year or greater, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in §23-24-15; and thereafter the accused's answer shall be heard as if the accused had been arrested on a warrant. Source: SDC 1939, §34.1713; SL 1953, ch 200, §14; SL 2015, ch 138, §1.
SD Codified L § 23-24-17 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-17 - Commitment to await requisition.

23-24-17. Commitment to await requisition.If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under §23-24-7, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in §23-24-18, or until he shall be legally discharged. Source: SDC 1939, §34.1714; SL 1953, ch 200, §15.
SD Codified L § 23-24-18 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-18 - Bail pending proceedings--Conditions of bond.

23-24-18. Bail pending proceedings--Conditions of bond.Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the Governor of this state. Source: SDC 1939, §34.1715; SL 1953, ch 200, §16.
SD Codified L § 23-24-19 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-19 - Failure to arrest under Governor's warrant within specified time--Discharge or recommitment--New bail.

23-24-19. Failure to arrest under Governor's warrant within specified time--Discharge or recommitment--New bail.If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty days, or a judge or magistrate judge may again take bail for his appearance and surrender as provided in §23-24-18, but within a period not to exceed sixty days after the date of such new bond. Source: SDC 1939, §34.1716; SL 1953, ch 200, §17.
SD Codified L § 23-24-20 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-20 - Forfeiture of bail.

23-24-20. Forfeiture of bail.If a prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state. Source: SDC 1939, §34.1717; SL 1953, ch 200, §18.
SD Codified L § 23-24-21 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-21 - Persons under criminal prosecution in this state at time of requisition.

23-24-21. Persons under criminal prosecution in this state at time of requisition.If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the Governor, in his discretion, either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state. Source: SDC 1939, §34.1718; SL 1953, ch 200, §19.
SD Codified L § 23-24-22 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-22 - Identifying prisoner as the person charged with the crime--No other inquiry concerning guilt.

23-24-22. Identifying prisoner as the person charged with the crime--No other inquiry concerning guilt.The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided by §23-24-3 shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime. Source: SDC 1939, §34.1719; SL 1953, ch 200, §20.
SD Codified L § 23-24-23 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-23 - Governor may recall warrant or issue alias.

23-24-23. Governor may recall warrant or issue alias.The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. Source: SDC 1939, §34.1720; SL 1953, ch 200, §21.
SD Codified L § 23-24-24 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-24 - Written waiver of extradition proceedings.

23-24-24. Written waiver of extradition proceedings.Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in §§23-24-8 and 23-24-9 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in §23-24-12. Source: SL 1953, ch 200, §25; SDC Supp 1960, §34.1724.
SD Codified L § 23-24-25 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-25 - Consent to return to demanding state--Execution--Filing--Effect.

23-24-25. Consent to return to demanding state--Execution--Filing--Effect.If and when consent under §23-24-24 has been duly executed it shall forthwith be forwarded to the Office of the Governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent. Source: SL 1953, ch 200, §25; SDC Supp 1960, §34.1724.
SD Codified L § 23-24-26 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-26 - Voluntary return without formality.

23-24-26. Voluntary return without formality.Nothing in §23-24-24 or 23-24-25 shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state. Source: SL 1953, ch 200, §25; SDC Supp 1960, §34.1724.
SD Codified L § 23-24-27 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-27 - Nonwaiver by this state.

23-24-27. Nonwaiver by this state.Nothing in this chapter contained shall be deemed to constitute a waiver by this state of its right, power, or privilege to try such demanded person for crime committed within this state, or of its right, power, or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed within this state, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges, or jurisdiction in any way whatsoever. Source: SL 1953, ch 200, §26; SDC Supp 1960, §34.1725.
SD Codified L § 23-24-28 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-28 - Fugitives from this state--Governor to issue warrant.

23-24-28. Fugitives from this state--Governor to issue warrant.Whenever the Governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation, or parole in this state, from the executive authority of any other state, or from the Chief Justice or an associate justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed. Source: SDC 1939, §34.1721; SL 1953, ch 200, §22.
SD Codified L § 23-24-29 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-29 - Application for Governor's requisition from another state--Person charged with crime--Contents--Certification by prosecuting attorney.

23-24-29. Application for Governor's requisition from another state--Person charged with crime--Contents--Certification by prosecuting attorney.When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place, and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim. Source: SDC 1939, §34.1722; SL 1953, ch 200, §23; SDC Supp 1960, §34.1722 (1).
SD Codified L § 23-24-30 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-30 - Person convicted of escaping or violating bail, probation or parole--Application for requisition, by whom made, contents.

23-24-30. Person convicted of escaping or violating bail, probation or parole--Application for requisition, by whom made, contents.When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the Board of Pardons and Paroles, or the warden of the institution or sheriff of the county, from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement, or of the breach of the terms of his bail, probation, or parole, the state in which he is believed to be, including the location of the person therein at the time application is made. Source: SL 1953, ch 200, §23; SDC Supp 1960, §34.1722 (2).
SD Codified L § 23-24-31 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-31 - Application for Governor's requisition--Verification--Accompanying documents.

23-24-31. Application for Governor's requisition--Verification--Accompanying documents.An application under §23-24-29 or 23-24-30 shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, Board of Pardons and Paroles, warden, or sheriff may also attach such further affidavits and other documents in duplicate as he or it shall deem proper to be submitted with such application. Source: SDC 1939, §34.1722; SL 1953, ch 200, §23; SDC Supp 1960, §34.1722 (3).
SD Codified L § 23-24-32 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-32 - Disposition of copies of application and accompanying documents.

23-24-32. Disposition of copies of application and accompanying documents.One copy of the application described in §23-24-31, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits, or of the judgment of conviction or of the sentence shall be filed in the Office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition. Source: SDC 1939, §34.1722; SL 1953, ch 200, §23; SDC Supp 1960, §34.1722 (3).
SD Codified L § 23-24-33 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-33 - Immunity from civil process.

23-24-33. Immunity from civil process.A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited. Source: SDC 1939, §34.1724; SL 1953, ch 200, §24; SDC Supp 1960, §34.1723.
SD Codified L § 23-24-34 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-34 - No immunity as to prosecution for other crimes.

23-24-34. No immunity as to prosecution for other crimes.After a person has been brought back to this state by, or after waiver of extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition. Source: SDC 1939, §34.1725; SL 1953, ch 200, §27; SDC Supp 1960, §34.1726.
SD Codified L § 23-24-35 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-35 - Compensation in extradition cases--Authorization by Governor required--Unauthorized asking or receiving as misdemeanor--Officer defined.

23-24-35. Compensation in extradition cases--Authorization by Governor required--Unauthorized asking or receiving as misdemeanor--Officer defined.Any officer of this state who asks or receives any compensation, fee, or reward of any kind for any service rendered or expense incurred in procuring from the Governor of this state a demand on the executive authority of a state or territory of the United States, or on a foreign government, for the surrender of a fugitive from justice, or for any service rendered or expense incurred in procuring the surrender of such fugitive, for conveying him to this state, or for detaining him therein, except when requested by the Governor of this state, and on an account audited and paid out of the state treasury, is guilty of a Class 2 misdemeanor.The term "officer" in this section means any executive or administrative officer of the State of South Dakota or any officer of any county, municipality, township, school district, district, board, bureau, commission, department, or other body or office, exercising executive or administrative powers as part of the government, or any arm of the government, of the State of South Dakota. Source: SDC 1939, §§13.1101, 13.1113; SL 1979, ch 150, §31; SL 1992, ch 60, §2.
SD Codified L § 23-24-36 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 24 - Extradition Proceedings|Section 23-24-36 - Custody and restraint of person in South Dakota by agent of foreign state.

23-24-36. Custody and restraint of person in South Dakota by agent of foreign state.Any peace officer or extradition agent of another state bringing any person within this state or transporting such person through the state under a warrant of arrest or extradition warrant issued in another state or the officer of any penal institution of another state conveying or transporting a prisoner of such institution into or through this state shall have the same authority as to the custody and restraint of such person while in the State of South Dakota as duly constituted peace officers of this state have in making an arrest under the process issued by the courts of this state or under the laws of this state. Source: SL 1923, ch 187; SDC 1939 & Supp 1960, §34.1625.