reglab/housing_qa huggingface dataset:
SD Codified L § 23A-40-20 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-20 - Annual distribution of moneys in fund--Determination of pro rata payments to counties.

23A-40-20. Annual distribution of moneys in fund--Determination of pro rata payments to counties.All moneys in the court appointed attorney and public defender payment fund shall be annually distributed by the state treasurer to the counties on a pro rata basis. The state treasurer shall, within sixty days of the end of the fiscal year, determine and verify from receipts and expenditure records the total expenditures by all counties in the state for court appointed attorneys and public defender offices. He shall then establish a percentage ratio between moneys collected in the fund for the past fiscal year and the total expenditures by counties for court appointed attorneys and public defender offices. That percentage ratio shall then be applied to each county's gross expenditure for court appointed attorneys and public defender offices to determine its respective payment from the fund. Source: SL 1982, ch 186, §9; SL 1991, ch 197, §4.
SD Codified L § 23A-40-21 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-21 - Training on mental illness and services.

23A-40-21. Training on mental illness and services.Each court-appointed defense attorney shall receive training on mental illness, available mental health services, eligibility criteria and referral processes, and forensic evaluations. Source: SL 2017, ch 109, §25, eff. July 1, 2018.
SD Codified L § 23A-41-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 41 - (Rule 45) Time Allowed|Section 23A-41-1 - (Rule 45(a)) Days included and excluded in computing time--Adjustment for weekends and holidays.

23A-41-1.(Rule 45(a)) Days included and excluded in computing time--Adjustment for weekends and holidays.In computing any period of time, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When a period of time prescribed or allowed is less than eleven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this section, a "legal holiday" is any day designated as a holiday in §1-5-1. Source: SL 1978, ch 178, §495; SL 2010, ch 253 (Supreme Court Rule 09-09), eff. Sept. 24, 2009.
SD Codified L § 23A-41-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 41 - (Rule 45) Time Allowed|Section 23A-41-2 - (Rule 45(b)) Extension of time by court--Permitting action after expiration of period--Exceptions.

23A-41-2.(Rule 45(b)) Extension of time by court--Permitting action after expiration of period--Exceptions.When an act is required or allowed to be done at or within a specified time, a court for cause shown may at any time in its discretion:(1)With or without motion or notice, order the period extended if a request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or(2)Upon motion made after the expiration of the specified period, permit the act to be done if the failure to act was the result of excusable neglect.However, a court may not extend the time for taking an action under chapter 23A-23, chapter 23A-29, chapter 23A-30, or §23A-31-1, except to the extent and under the conditions stated in those chapters and section. Source: SL 1978, ch 178, §496.
SD Codified L § 23A-41-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 41 - (Rule 45) Time Allowed|Section 23A-41-4 - (Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions.

23A-41-4.(Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions.A written motion, other than one which may be heard ex parte, and notice of the hearing thereon must be served at least five days before the time specified for the hearing unless a different period is fixed by rule or order of court. For cause shown such an order may be made on ex parte application. When a motion is supported by an affidavit, the affidavit must be served with the motion; and opposing affidavits must be served at least one day before the hearing unless the court permits them to be served at a later time. Source: SL 1978, ch 178, §498.
SD Codified L § 23A-41-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 41 - (Rule 45) Time Allowed|Section 23A-41-5 - (Rule 45 (e)) Time added when papers served by mail.

23A-41-5.(Rule 45 (e)) Time added when papers served by mail.Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other paper upon him and the notice or other paper is served upon him by mail, three days shall be added to the prescribed period. Source: SL 1978, ch 178, §499.
SD Codified L § 23A-42-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 42 - Limitation Of Criminal Prosecutions|Section 23A-42-1 - No limitation on prosecution for Class A, Class B, or Class C felonies.

23A-42-1. No limitation on prosecution for Class A, Class B, or Class C felonies.There is no limitation on the time within which a prosecution for Class A, Class B, or Class C felony must be commenced. Source: SDC 1939 & Supp 1960, §34.0701; SDCL, §23-8-1; SL 1978, ch 178, §500; SL 1981, ch 186, §2; SL 2005, ch 120, §149.
SD Codified L § 23A-42-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 42 - Limitation Of Criminal Prosecutions|Section 23A-42-2 - Seven-year limitation on other prosecutions.

23A-42-2. Seven-year limitation on other prosecutions.In all other prosecutions for a public offense and all proceedings of a quasi-criminal or penal nature, including the forfeiture of existing rights, the proceedings shall be commenced within seven years after the commission of the offense or crime which is the basis of the prosecution or proceedings, except as provided in §23A-42-3. Source: SDC 1939 & Supp 1960, §34.0703; SDCL, §23-8-3; SL 1975, ch 279, §2; SL 1978, ch 178, §501.
SD Codified L § 23A-42-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 42 - Limitation Of Criminal Prosecutions|Section 23A-42-3 - Limitation period on forgery or theft commences at time of discovery--Proof as to failure of discovery.

23A-42-3. Limitation period on forgery or theft commences at time of discovery--Proof as to failure of discovery.When the defendant is charged with forgery or theft, an action described in §23A-42-2 shall be commenced at any time within seven years after the discovery of the crime. The failure of discovery, if more than seven years has elapsed at the time of prosecution, shall in all cases be pleaded and proven in the same manner as other elements of the offense. Source: SL 1927, ch 91; SDC 1939 & Supp 1960, §34.0703; SDCL, §23-8-4; SL 1978, ch 178, §502.
SD Codified L § 23A-42-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 42 - Limitation Of Criminal Prosecutions|Section 23A-42-4 - Prosecution commenced by filing of complaint, information or indictment.

23A-42-4. Prosecution commenced by filing of complaint, information or indictment.All actions referred to in §§23A-42-1 to 23A-42-3, inclusive, shall be deemed commenced by the filing of a complaint, information or indictment with any committing magistrate or clerk of any court having jurisdiction of the offense. Source: SL 1927, ch 91; SDC 1939 & Supp 1960, §34.0703; SDCL, §23-8-5; SL 1978, ch 178, §503.
SD Codified L § 23A-42-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 42 - Limitation Of Criminal Prosecutions|Section 23A-42-5 - Tolling of limitation period while defendant out of state.

23A-42-5. Tolling of limitation period while defendant out of state.If when or after the offense is committed the defendant is out of the state, the indictment, information, or complaint may be filed within the period prescribed by §§23A-42-1 to 23A-42-3, inclusive, after his coming within the state, and no time during which the defendant is not an inhabitant within the state is part of the limitation. Source: SDC 1939 & Supp 1960, §34.0704; SDCL, §23-8-6; SL 1978, ch 178, §504.
SD Codified L § 23A-42-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 42 - Limitation Of Criminal Prosecutions|Section 23A-42-6 - No limitation during time of mental incompetence.

23A-42-6. No limitation during time of mental incompetence. No time during which the defendant is determined to be mentally incompetent to proceed pursuant to chapter 23A-10A is part of any limitation pursuant to this chapter. Source: SL 2021, ch 107, § 3.
SD Codified L § 23A-43-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-2 - Release of defendant on personal recognizance or unsecured bond--Exceptions.

23A-43-2. Release of defendant on personal recognizance or unsecured bond--Exceptions.Except for a defendant charged with an offense punishable by death or a defendant who is currently released on personal recognizance bond, a defendant shall, at his appearance before a committing magistrate or court be ordered released pending trial on his personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the committing magistrate or court, unless the magistrate or court determines in the exercise of his discretion, that such a release will not reasonably assure the appearance of the defendant as required or that the defendant may pose a danger to any other person or to the community. Source: SL 1978, ch 178, §506; SL 1980, ch 183, §1; SL 1982, ch 187.
SD Codified L § 23A-43-2.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-2.1 - Defendants charged with offense punishable by death.

23A-43-2.1. Defendants charged with offense punishable by death.A person who is charged with an offense punishable by death shall be treated in accordance with the provisions of §23A-43-3, unless the committing magistrate has reason to believe that no one or more conditions of release will reasonably assure that the person will not flee or pose a danger to any other person or to the community. If such a risk of flight or danger is believed to exist, the person may be ordered detained. Source: SL 1980, ch 183, §2.
SD Codified L § 23A-43-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-3 - Additional conditions of release imposed when necessary to assure appearance for trial.

23A-43-3. Additional conditions of release imposed when necessary to assure appearance for trial.If a determination is made that a release pursuant to §23A-43-2 will not reasonably assure the appearance of the defendant as required, the committing magistrate or court shall, either in lieu of or in addition to the methods of release described in §23A-43-2, impose the first of the following conditions of release which will reasonably assure the appearance of the defendant for trial or, if no single condition gives that assurance, any combination of the following conditions:(1)Place the defendant in the custody of a designated person or organization agreeing to supervise him;(2)Place restrictions on the travel, association, or place of abode of the defendant during the period of release;(3)Require the defendant to complete a mental health assessment by a specified date and follow any treatment recommendations. The court shall consider available funding sources before imposing this condition of release;(4)Require an appearance bond in a specified amount. The bond shall be executed by depositing with the clerk of the court, in cash or other security, as directed, a sum not to exceed ten percent of the amount of the bond. The deposit shall be returned upon the performance of the conditions of release;(5)Require the execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu of a bail bond; or(6)Impose any other condition reasonably necessary to assure the defendant's appearance as required, including a condition requiring that the defendant return to custody after specified hours. Source: SL 1978, ch 178, §506; SL 2017, ch 109, §9.
SD Codified L § 23A-43-3.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-3.1 - Report of noncompliance with mental health treatment.

23A-43-3.1. Report of noncompliance with mental health treatment.If a court has imposed conditions of release that require a defendant to follow any treatment recommendations pursuant to subdivision 23A-43-3(3), the provider of those treatment services shall report any noncompliance to the court that has imposed the condition of release. Source: SL 2017, ch 109, §10.
SD Codified L § 23A-43-3.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-3.2 - Rules regarding noncompliance with mental health treatment.

23A-43-3.2. Rules regarding noncompliance with mental health treatment.The Supreme Court may establish rules, pursuant to §16-3-1, regarding the definition of noncompliance in §23A-43-3.1 and how noncompliance may be reported to the court. Source: SL 2017, ch 109, §11.
SD Codified L § 23A-43-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-4 - Factors considered in determining conditions of release to be imposed.

23A-43-4. Factors considered in determining conditions of release to be imposed.In determining which conditions of release will reasonably assure appearance, a committing magistrate or court shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the defendant, the defendant's family ties, employment, financial resources, character and mental condition, the results of any mental health assessment, the length of the defendant's residence in the community, the defendant's record of convictions, the defendant's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings, and the risk that the defendant will flee or pose a danger to any person or to the community. Source: SL 1978, ch 178, §509; SL 1980, ch 179, §3; SL 2017, ch 109, §12.
SD Codified L § 23A-43-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-5 - (Rule 46(b)) Conditions of release and bond continued unless ordered increased--Statement of reasons for adding conditions.

23A-43-5.(Rule 46(b)) Conditions of release and bond continued unless ordered increased--Statement of reasons for adding conditions.A defendant released before trial shall continue on release until a plea or verdict of guilty has been entered, under the same terms and conditions as were previously imposed unless the committing magistrate or court determines that other terms and conditions or termination of his release are necessary to insure the orderly and expeditious progress of the trial. After conviction but prior to the entry of judgment, the defendant may be released pursuant to §23A-43-16. If a person has been arrested on a complaint and is indicted before an information has been filed on the complaint, any bond posted from the original arrest shall continue and be the bond for the same offense, unless otherwise ordered by the court. If the terms and conditions are increased in severity or if the termination of release is ordered, the committing magistrate or court shall state the reasons therefor on the record. Source: SL 1978, ch 178, §507; SL 1985, ch 200, §1.
SD Codified L § 23A-43-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-6 - Order stating conditions of release--Advice to defendant as to results of violation.

23A-43-6. Order stating conditions of release--Advice to defendant as to results of violation.A committing magistrate or court authorizing the release of a defendant under §23A-43-2, 23A-43-3, or 23A-43-5 shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform the defendant of the penalties for a violation of the conditions of his release and shall advise him that a warrant for his arrest will be issued immediately upon any such violation. Source: SL 1978, ch 178, §510.
SD Codified L § 23A-43-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-7 - Amendment of order to impose additional or different conditions of release--Review on inability of defendant to meet additional conditions.

23A-43-7. Amendment of order to impose additional or different conditions of release--Review on inability of defendant to meet additional conditions.A committing magistrate or court ordering the release of a defendant on any condition specified in §23A-43-2 or 23A-43-3 may at any time amend his or its order to impose additional or different conditions of release. If, however, the imposition of such additional or different conditions results in the detention of the defendant as a result of his inability to meet such conditions or in the release of the defendant on a condition requiring him to return to custody after specified hours, the provisions of §§23A-43-8 to 23A-43-10, inclusive, shall apply. Source: SL 1978, ch 178, §512.
SD Codified L § 23A-43-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-8 - Review of conditions when defendant unable to meet conditions for release--Statement by magistrate of reasons for conditions.

23A-43-8. Review of conditions when defendant unable to meet conditions for release--Statement by magistrate of reasons for conditions.A defendant for whom conditions of release are imposed and who after twenty-four hours from the time of the release hearing, continues to be detained as a result of his inability to meet the conditions of release, may, upon application, have the conditions reviewed by the committing magistrate, the court that imposed them, or a circuit court having jurisdiction of the defendant and the offense charged. Unless the conditions of release are amended and the person is thereupon released, the committing magistrate or court shall set forth in writing the reasons for requiring the conditions imposed. Source: SL 1978, ch 178, §511; SL 1983, ch 193.
SD Codified L § 23A-43-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-9 - Review of conditions requiring return to custody after specified hours--Statement by magistrate of reasons for requirement.

23A-43-9. Review of conditions requiring return to custody after specified hours--Statement by magistrate of reasons for requirement.A defendant who is ordered released on a condition which requires that he return to custody after specified hours shall, upon application, be entitled to a review by the committing magistrate or court that imposed the condition. Unless the requirement is removed and the person is thereupon released on another condition, the committing magistrate or court shall set forth in writing the reasons for continuing the requirement. Source: SL 1978, ch 178, §511.
SD Codified L § 23A-43-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-10 - Review by another magistrate when committing magistrate unavailable.

23A-43-10. Review by another magistrate when committing magistrate unavailable.If the magistrate or court that imposed the conditions of release is not available for review pursuant to §23A-43-8 or 23A-43-9, any other committing magistrate or court in the circuit may review such conditions. Source: SL 1978, ch 178, §511.
SD Codified L § 23A-43-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-11 - Continuation of conditions to insure subjection to another court where charges pending--Transmittal of papers to other jurisdiction.

23A-43-11. Continuation of conditions to insure subjection to another court where charges pending--Transmittal of papers to other jurisdiction.If at any time during the course of a prosecution it appears that a defendant who has been conditionally released is not subject to the jurisdiction of the court imposing such conditions, and it appears that he is subject to prosecution in another court, the committing magistrate or court that imposed such conditions shall, following the procedure specified in §§23A-43-2 and 23A-43-3, continue such conditions of release, or alter them if necessary, in such manner as will insure that he, within such time as the committing magistrate or court shall specify, will render himself amenable to a warrant for his arrest from the proper court, and if not sooner arrested thereon, will go to the office of the sheriff of the county where the prosecution had been initiated, at a time specified in the order, to surrender himself upon the warrant if issued. The clerk of the court imposing such continued or altered conditions of release shall within ten days transmit all papers in the action filed with him, including bail if posted, to the prosecuting attorney of the proper jurisdiction. Source: SL 1978, ch 178, §508.
SD Codified L § 23A-43-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-12 - Information considered in bail proceedings need not conform to rules of evidence.

23A-43-12. Information considered in bail proceedings need not conform to rules of evidence.Information stated in, or offered in connection with, any order entered pursuant to §§23A-43-1 to 23A-43-13, inclusive, need not conform to the rules pertaining to the admissibility of evidence in a court of law. Source: SL 1978, ch 178, §513.
SD Codified L § 23A-43-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-13 - Disposition of cases by forfeiture of collateral not prohibited.

23A-43-13. Disposition of cases by forfeiture of collateral not prohibited.Nothing contained in §§23A-43-1 to 23A-43-12, inclusive, shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security where such disposition is authorized by the court. Source: SL 1978, ch 178, §514.
SD Codified L § 23A-43-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-14 - Motion for amendment by circuit judge of conditions of release.

23A-43-14. Motion for amendment by circuit judge of conditions of release.A defendant who is detained, or whose release on a condition requiring him to return to custody after specified hours is continued, after review of his application pursuant to §23A-43-7, 23A-43-8, 23A-43-9, or 23A-43-10 by a committing magistrate, other than a judge of the court having original jurisdiction over the offense with which he is charged or a justice of the Supreme Court, may move the circuit court having original jurisdiction over the offense with which he is charged to amend the order. Source: SL 1978, ch 178, §515.