reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-18 - Deaths to be investigated by coroner.

23-14-18. Deaths to be investigated by coroner.
The county coroner shall investigate any human death if a determination of the cause and manner of death is in the public interest. Nothing in the provisions of this section, §23-14-9.1, 23-14-19, 23-14-20, 34-26-2, 34-26-5, or 34-26-14 supersedes the obligation of any county sheriff to pursue and apprehend all felons pursuant to §7-12-1. Deaths which are in the public interest, without limitation, are:
(1)All deaths by unnatural means or if there is a suspicion of unnatural means, including all deaths of accidental, homicidal, suicidal, and undetermined manner, regardless of suspected criminal involvement in the death;
(2)All deaths where the identity of the victim is unknown or the body is unclaimed;
(3)All deaths of inmates of any state, county, or municipally operated correctional facility, mental institution, or special school;
(4)All deaths believed to represent a public health hazard;
(5)At the discretion of the coroner, all deaths of children under two years of age resulting from an unknown cause or if the circumstances surrounding the death indicate that sudden infant death syndrome may be the cause of death; and
(6)All natural deaths if the decedent is not under the care of a physician, physician's assistant, or certified nurse practitioner or if the decedent's physician, physician's assistant, or certified nurse practitioner does not feel qualified to sign the death certificate. However, the lack of an attending physician may not be construed to require an investigation or autopsy solely because the decedent was under treatment by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination.
Source:
SL 1985, ch 191, §1; SL 1990, ch 170, §2; SL 1991, ch 198, §1; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-18.1 - Designation of special death investigators.

23-14-18.1. Designation of special death investigators.
The secretary of health may designate physicians, physician's assistants, or certified nurse practitioners with competency in the field of forensic pathology as special death investigators.
Source:
SL 1989, ch 204, §1; SL 1991, ch 198, §2; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-18.2 - Jurisdiction and duties of special death investigators.

23-14-18.2. Jurisdiction and duties of special death investigators.
At the request of a county coroner having jurisdiction over a dead body, or at the request of a state's attorney in deaths which may have occurred by unlawful means, the special death investigator may directly assume jurisdiction over any dead body when determination of the cause and manner of death may be in the public interest, with the same duties and responsibilities as a county coroner. With the concurrence of the county coroner, a special death investigator may issue subpoenas for witnesses or records pertaining to deaths investigated pursuant to §23-14-18.
Source:
SL 1989, ch 204, §2; SL 1998, ch 145, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-18.3 - Investigation of uncertified deaths.

23-14-18.3. Investigation of uncertified deaths.
The secretary of health may direct a special death investigator to investigate and certify deaths remaining uncertified for more than three months after the death occurred or was reported.
Source:
SL 1989, ch 204, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-18.4 - Compensation of special death investigators.

23-14-18.4. Compensation of special death investigators.
The special death investigator shall be compensated only by the agency requesting his services on a direct fee-for-service basis.
Source:
SL 1989, ch 204, §4.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-19 - Joint custody of dead bodies and effects--Movement prohibited--Violation as misdemeanor.

23-14-19. Joint custody of dead bodies and effects--Movement prohibited--Violation as misdemeanor.
As to any death, the cause and manner of which is in the public interest, the county coroner and law enforcement agency exercising investigative control over such death shall jointly take charge of and exercise complete control over all dead bodies and all effects affixed thereto to determine the physiological cause of death. The investigating law enforcement officers, including the state's attorney or attorney general shall have control over all other elements of evidence demonstrating a potential criminal circumstance of death. No dead body subject to control by the coroner having investigative control may be moved from the scene of death without the coroner's permission unless the body directly obstructs a public transportation right-of-way or poses an immediate health hazard. No dead body subject to coroner control under this section may be embalmed without the express authority of the investigating coroner. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1985, ch 191, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-20 - Certificate prepared by coroner.

23-14-20. Certificate prepared by coroner.
The county coroner shall prepare a medical certificate in conformance with chapter 34-25 for all deaths over which he assumes jurisdiction.
Source:
SL 1985, ch 191, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24 - Extradition Proceedings › Section 23-24-1 - Definition of terms.

23-24-1. Definition of terms.
Where appearing in this chapter, the term "Governor" includes any person performing the functions of Governor by authority of the law of this state. The term "executive authority" includes the Governor, and any person performing the functions of Governor in a state other than this state, and the term "state," referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.
Source:
SDC 1939, §34.1701; SL 1953, ch 200, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24 - Extradition Proceedings › Section 23-24-2 - Fugitives from other states--Governor to cause arrest and delivery.

23-24-2. Fugitives from other states--Governor to cause arrest and delivery.
Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
Source:
SDC 1939, §34.1702; SL 1953, ch 200, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24 - Extradition Proceedings › Section 23-24-3 - Form of demand for extradition to another state.

23-24-3. Form of demand for extradition to another state.
No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under §23-24-7, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.
Source:
SDC 1939, §34.1703; SL 1953, ch 200, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24 - Extradition Proceedings › Section 23-24-4 - Investigation by Governor.

23-24-4. Investigation by Governor.
When a demand is made upon the Governor of this state by the executive authority of another state for the surrender of a person charged with a crime, the Governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to the Governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered.
Source: SDC 1939, §34.1704; SL 1953, ch 200, §4; SL 2023, ch 3, §30.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24 - Extradition Proceedings › Section 23-24-5 - Agreement for return of fugitive to this state after trial or sentence in another state.

23-24-5. Agreement for return of fugitive to this state after trial or sentence in another state.
When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.
Source:
SL 1953, ch 200, §5; SDC Supp 1960, §34.1705.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24 - Extradition Proceedings › Section 23-24-6 - Fugitive from another state who departed therefrom involuntarily.

23-24-6. Fugitive from another state who departed therefrom involuntarily.
The Governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in §§23-24-29 to 23-24-32, inclusive, with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
Source:
SL 1953, ch 200, §5; SDC Supp 1960, §34.1705.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24 - Extradition Proceedings › Section 23-24-7 - Fugitive from another state who was absent therefrom at the time of the commission of the crime.

23-24-7. Fugitive from another state who was absent therefrom at the time of the commission of the crime.
The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in §23-24-3 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
Source:
SDC 1939, §34.1706; SL 1953, ch 200, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24 - Extradition Proceedings › Section 23-24-8 - Governor's warrant of arrest--Issuance--Recitals.

23-24-8. Governor's warrant of arrest--Issuance--Recitals.
If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest, sealed with the state seal, and direct it to any peace officer or other person whom the Governor entrusts with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
Source: SDC 1939, §34.1707; SL 1953, ch 200, §7; SL 2023, ch 3, §31.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24 - Extradition Proceedings › Section 23-24-9 - Manner and place of execution.

23-24-9. Manner and place of execution.
The Governor's warrant of arrest shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter to the duly authorized agent of the demanding state.
Source:
SDC 1939, §34.1708; SL 1953, ch 200, §8.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24 - Extradition Proceedings › Section 23-24-10 - Authority of arresting officer.

23-24-10. Authority of arresting officer.
Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
Source:
SDC 1939, §34.1709; SL 1953, ch 200, §9.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 may either surrender the person on demand of the executive authority of another state, or hold the person until the person has been tried and discharged or convicted and punished in this state.
Source: SDC 1939, §34.1718; SL 1953, ch 200, §19; SL 2023, ch 3, §32.
2023 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.
2023 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 the Governor's warrant of arrest or may issue another warrant whenever the Governor deems proper.
Source: SDC 1939, §34.1720; SL 1953, ch 200, §21; SL 2023, ch 3, §33.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 demands a person charged with a crime or with escaping from confinement or breaking the terms of 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, the Governor shall issue a warrant under the seal of this state, to some agent, commanding the agent to receive the person so charged if delivered to the agent and convey the person 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; SL 2023, ch 3, §34.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24 - Extradition Proceedings › Section 23-24-37 - Uniformity of interpretation.

23-24-37. Uniformity of interpretation.
The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.
Source:
SL 1953, ch 200, §28; SDC Supp 1960, §34.1727.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24 - Extradition Proceedings › Section 23-24-38 - Severability of provisions.

23-24-38. Severability of provisions.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
Source:
SL 1953, ch 200, §29; SDC Supp 1960, §34.1728.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24 - Extradition Proceedings › Section 23-24-39 - Citation of uniform provision.

23-24-39. Citation of uniform provision.
Sections 23-24-1 to 23-24-34, inclusive, may be cited as the Uniform Criminal Extradition Act.
Source:
SL 1953, ch 200, §30; SDC Supp 1960, §34.1729.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-1 - Findings, policy, and purpose of party states.

23-24A-1. Findings, policy, and purpose of party states.
The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.
Source:
SL 1972, ch 150, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-2 - Definition of terms.

23-24A-2. Definition of terms.
Terms as used in this agreement mean:
(1)"Appropriate court," with reference to the courts of this state, any court with criminal jurisdiction in the matter involved;
(2)"Detainer," any written instrument lodged by an appropriate prosecuting authority having a lawful basis therefor against a prisoner to make disposition of an extraditable offense upon his release from present custody;
(3)"Receiving state," the state in which trial is to be had on an indictment, information, or complaint pursuant to §§23-24A-3 to 23-24A-14, inclusive;
(4)"Sending state," a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to §23-24A-3 or at the time that a request for custody or availability is initiated pursuant to §23-24A-12;
(5)"State," a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the commonwealth of Puerto Rico.
Source:
SL 1972, ch 150, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-3 - Notice by prisoner of place of imprisonment and request for final disposition--Time for trial--Continuance.

23-24A-3. Notice by prisoner of place of imprisonment and request for final disposition--Time for trial--Continuance.
Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information, or complaint: provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Source:
SL 1972, ch 150, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-4 - Prisoner to be informed of detainer and right to final disposition.

23-24A-4. Prisoner to be informed of detainer and right to final disposition.
The warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based.
Source:
SL 1972, ch 150, §5.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-5 - Prisoner's notice and request delivered to custodial officer--Forwarding to prosecuting officials.

23-24A-5. Prisoner's notice and request delivered to custodial officer--Forwarding to prosecuting officials.
The written notice and request for final disposition referred to in §23-24A-3 shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.
Source:
SL 1972, ch 150, §4.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-6 - Certificate of custodial official to accompany prisoner's request for final disposition--Contents.

23-24A-6. Certificate of custodial official to accompany prisoner's request for final disposition--Contents.
The request of the prisoner referred to in §23-24A-3 shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.
Source:
SL 1972, ch 150, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-7 - Notice by custodial officer to prosecuting officers and courts of prisoner's request for final disposition.

23-24A-7. Notice by custodial officer to prosecuting officers and courts of prisoner's request for final disposition.
The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this section shall be accompanied by copies of the prisoner's written notice, request, and the certificate.
Source:
SL 1972, ch 150, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-8 - Request for final disposition as waiver of extradition--Consent to court appearance--Concurrent sentence.

23-24A-8. Request for final disposition as waiver of extradition--Consent to court appearance--Concurrent sentence.
Any request for final disposition made by a prisoner pursuant to §23-24A-3 shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of §23-24A-10, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this section shall prevent the imposition of a concurrent sentence if otherwise permitted by law.
Source:
SL 1972, ch 150, §8.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-9 - Escape voids request for final disposition.

23-24A-9. Escape voids request for final disposition.
Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in §23-24A-3 shall void the request.
Source:
SL 1972, ch 150, §9.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-10 - Request for disposition includes all untried accusations.

23-24A-10. Request for disposition includes all untried accusations.
Any request for final disposition made by a prisoner pursuant to §23-24A-3 shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed.
Source:
SL 1972, ch 150, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-11 - Dismissal of accusations not tried before return to place of imprisonment.

23-24A-11. Dismissal of accusations not tried before return to place of imprisonment.
If trial is not had on any indictment, information, or complaint contemplated by §23-24A-3 or 23-24A-10 prior to the return of the prisoner to the original place of imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
Source:
SL 1972, ch 150, §7.