reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-12 - State's request for temporary custody and availability--Approval by court of requesting state--Time for action by Governor of sending state--Notice to prisoner.

23-24A-12. State's request for temporary custody and availability--Approval by court of requesting state--Time for action by Governor of sending state--Notice to prisoner.
The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending is entitled to have a prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with §23-24A-17 upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated, provided that the court, having jurisdiction of such indictment, information, or complaint has duly approved, recorded, and transmitted the request, and provided that there is a period of thirty days after receipt by the appropriate authorities before the request is honored, during which period the Governor of the sending state may disapprove the request for temporary custody or availability, either upon the Governor's own motion or upon motion of the prisoner. The prisoner shall receive immediate notice of a request and shall be informed of his right to petition the Governor of the sending state to disapprove the request.
Source: SL 1972, ch 150, §10; SL 2023, ch 3, §35.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-13 - Custodial officer's certificate as to terms of imprisonment--Contents--Notice to other agencies in requesting state.

23-24A-13. Custodial officer's certificate as to terms of imprisonment--Contents--Notice to other agencies in requesting state.
Upon receipt of the officer's written request as provided in §23-24A-12, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate 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. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.
Source:
SL 1972, ch 150, §11.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-14 - Time for trial after return to requesting state--Continuance.

23-24A-14. Time for trial after return to requesting state--Continuance.
In respect of any proceeding made possible by §§23-24A-12 and 23-24A-13, trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but 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, §12.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-15 - Tolling of time periods for trial.

23-24A-15. Tolling of time periods for trial.
In determining the duration and expiration dates of the time periods provided in §§23-24A-3 and 23-24A-14, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.
Source:
SL 1972, ch 150, §23.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-16 - Right of prisoner to contest legality of delivery.

23-24A-16. Right of prisoner to contest legality of delivery.
Nothing contained in §23-24A-12, 23-24A-13, or 23-24A-14 shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in §23-24A-12, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.
Source:
SL 1972, ch 150, §13.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-17 - Delivery of temporary custody by sending state--Offer to accompany prisoner's request for final disposition--Federal prisoner.

23-24A-17. Delivery of temporary custody by sending state--Offer to accompany prisoner's request for final disposition--Federal prisoner.
In response to a request made under §23-24A-3 or 23-24A-12, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information, or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in §23-24A-3. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.
Source:
SL 1972, ch 150, §15.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-18 - Documents required of officer accepting temporary custody.

23-24A-18. Documents required of officer accepting temporary custody.
The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:
(1)Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given.
(2)A duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.
Source:
SL 1972, ch 150, §16.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-19 - Duty of custodial officer to give over person of inmate.

23-24A-19. Duty of custodial officer to give over person of inmate.
It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.
Source:
SL 1972, ch 150, §31.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-20 - Limitation on purpose of temporary custody--Type of jail used for prisoner.

23-24A-20. Limitation on purpose of temporary custody--Type of jail used for prisoner.
The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for this attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.
Source:
SL 1972, ch 150, §18.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-21 - Escape while in another state.

23-24A-21. Escape while in another state.
Escape from custody while in another state pursuant to the agreement on detainers shall constitute an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to another state pursuant to the provisions of the agreement on detainers and shall be punishable in the same manner as an escape from said institution.
Source:
SL 1972, ch 150, §30.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-22 - Dismissal of accusation on failure to accept custody or try case--Detainer void.

23-24A-22. Dismissal of accusation on failure to accept custody or try case--Detainer void.
If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in §23-24A-3 or 23-24A-14, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.
Source:
SL 1972, ch 150, §17.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-23 - Running of sentence during temporary custody--Good time earned.

23-24A-23. Running of sentence during temporary custody--Good time earned.
During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.
Source:
SL 1972, ch 150, §20.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-24 - Prisoner deemed in custody and jurisdiction of sending state--Escape from temporary custody.

23-24A-24. Prisoner deemed in custody and jurisdiction of sending state--Escape from temporary custody.
For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.
Source:
SL 1972, ch 150, §21.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-25 - Responsibilities of receiving state--Supplementary agreement for allocation of costs and responsibilities--Internal relationships in state not altered.

23-24A-25. Responsibilities of receiving state--Supplementary agreement for allocation of costs and responsibilities--Internal relationships in state not altered.
From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping, and returning the prisoner. The provisions of this section shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
Source:
SL 1972, ch 150, §22.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-26 - Dismissal of accusation not tried before return to imprisonment.

23-24A-26. Dismissal of accusation not tried before return to imprisonment.
If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to §23-24A-27, 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, §14.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-27 - Return of prisoner to sending state.

23-24A-27. Return of prisoner to sending state.
At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.
Source:
SL 1972, ch 150, §19.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-28 - Mentally ill persons not covered.

23-24A-28. Mentally ill persons not covered.
No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.
Source:
SL 1972, ch 150, §24.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-29 - Habitual offenders law not covered.

23-24A-29. Habitual offenders law not covered.
Nothing in this chapter or in the agreement on detainers shall be construed to require the application of the habitual offenders law to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.
Source:
SL 1972, ch 150, §29.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-30 - Designation of officer in party states to implement agreement.

23-24A-30. Designation of officer in party states to implement agreement.
Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.
Source:
SL 1972, ch 150, §25.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-31 - Attorney general as central administrator or information agent--Rules and regulations subject to administrative procedure law.

23-24A-31. Attorney general as central administrator or information agent--Rules and regulations subject to administrative procedure law.
The attorney general shall serve as central administrator or information agent for the agreement on detainers. In promulgating rules and regulations under §23-24A-30, the attorney general shall do so pursuant to chapter 1-26.
Source:
SL 1972, ch 150, §32.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-32 - Enforcement and cooperation by state agencies and political subdivisions.

23-24A-32. Enforcement and cooperation by state agencies and political subdivisions.
All courts, departments, agencies, officers, and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
Source:
SL 1972, ch 150, §28.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-33 - Agreement in force on enactment into law--Withdrawal by party state.

23-24A-33. Agreement in force on enactment into law--Withdrawal by party state.
This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.
Source:
SL 1972, ch 150, §26.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24A - Interstate Agreement On Detainers › Section 23-24A-34 - Liberal construction of agreement--Severability of provisions.

23-24A-34. Liberal construction of agreement--Severability of provisions.
This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Source:
SL 1972, ch 150, §27.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24B - Extradition Of Fugitive Indians › Section 23-24B-1 - Extradition to tribe of Indian fugitive found within state's jurisdiction.

23-24B-1. Extradition to tribe of Indian fugitive found within state's jurisdiction.
If any Indian charged with an offense by an Indian tribe is a fugitive from justice from such tribe and is found within the jurisdiction of this state, he may be extradited to the tribe from which he fled, pursuant to the provisions of this chapter.
Source:
SL 1976, ch 162, §1; SL 1978, ch 172, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24B - Extradition Of Fugitive Indians › Section 23-24B-3 - Written request required--Contents--Copy of arrest warrant and judgment--Sworn statement from reservation judicial officer.

23-24B-3. Written request required--Contents--Copy of arrest warrant and judgment--Sworn statement from reservation judicial officer.
A demand for extradition of a person charged with an offense by an Indian tribe in this state may be recognized by this state if a written request for extradition is received by the attorney general. The request shall state that the accused person was present on the demanding reservation at the time of the commission of the alleged crime and that thereafter the person fled from the reservation to avoid prosecution. The request shall be accompanied by:
(1)A copy of any arrest warrant issued for the person;
(2)A copy of any judgment of conviction or sentence imposed, if applicable; and
(3)A sworn statement from a reservation judicial officer that the person:
(a)Claimed has escaped or evaded confinement, or broken the terms of the person's probation, bail, or parole; and
(b)Has been charged with committing a specific offense under the laws of the tribe.
Source:
SL 1976, ch 162, §3; SL 1978, ch 172, §2; SL 2018, ch 142, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24B - Extradition Of Fugitive Indians › Section 23-24B-3.1 - Extradition or prosecution of state charges against fugitive Indian.

23-24B-3.1. Extradition or prosecution of state charges against fugitive Indian.
If a criminal prosecution has been instituted under the laws of this state against a person demanded by a tribe for extradition, and the prosecution is still pending, the attorney general, in his discretion, may either commence extradition proceedings on tribal demand or hold him until he has been tried and discharged or convicted and punished in this state.
Source:
SL 1978, ch 172, §9.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24B - Extradition Of Fugitive Indians › Section 23-24B-3.2 - Submission of documents to circuit judge--Warrant of arrest.

23-24B-3.2. Submission of documents to circuit judge--Warrant of arrest.
The attorney general shall submit the documents specified in §23-24B-3 to any circuit court judge. If the judge decides that the extradition demand should be complied with, he shall issue a warrant of arrest directed to any law enforcement officer.
Source:
SL 1978, ch 172, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24B - Extradition Of Fugitive Indians › Section 23-24B-4 - Proceedings conducted between circuit judge and tribal judge or magistrate.

23-24B-4. Proceedings conducted between circuit judge and tribal judge or magistrate.
Extradition proceedings under this chapter shall be conducted between the respective state circuit court presiding judge and Indian tribal court judge or magistrate involved in the request for extradition.
Source:
SL 1976, ch 162, §5.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24B - Extradition Of Fugitive Indians › Section 23-24B-4.1 - Investigation and report to judge by attorney general.

23-24B-4.1. Investigation and report to judge by attorney general.
The circuit court judge may call upon the attorney general to investigate the demand for extradition and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
Source:
SL 1978, ch 172, §4.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24B - Extradition Of Fugitive Indians › Section 23-24B-4.2 - Scope of circuit judge's inquiry.

23-24B-4.2. Scope of circuit judge's inquiry.
The guilt or innocence of an accused as to the crime of which he is charged may not be inquired into by a circuit court judge in any extradition proceeding except as it may be necessary to identify the person held as being the person charged with the crime.
Source:
SL 1978, ch 172, §10.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24B - Extradition Of Fugitive Indians › Section 23-24B-5 - Governor's participation not required.

23-24B-5. Governor's participation not required.
The formal requirements of chapter 23-24, relating to the Governor of the State of South Dakota, shall not apply to extradition proceedings under this chapter.
Source:
SL 1976, ch 162, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24B - Extradition Of Fugitive Indians › Section 23-24B-5.1 - Taking fugitive before magistrate--Advice as to rights--Violation as misdemeanor.

23-24B-5.1. Taking fugitive before magistrate--Advice as to rights--Violation as misdemeanor.
No person arrested on the judge's warrant shall be delivered to an agent appointed by the demanding tribe to receive him until he is first taken before a committing magistrate in this state, who shall inform him of the demand 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 person violating this section is guilty of a Class 1 misdemeanor.
Source:
SL 1978, ch 172, §5.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24B - Extradition Of Fugitive Indians › Section 23-24B-6 - Habeas corpus provisions applicable.

23-24B-6. Habeas corpus provisions applicable.
The provisions of §23-24-12 shall apply to all extradition requests made under this chapter for return of an Indian to an Indian tribal court.
Source:
SL 1976, ch 162, §4; SL 1978, ch 172, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24B - Extradition Of Fugitive Indians › Section 23-24B-7 - Waiver of extradition--Advice as to rights.

23-24B-7. Waiver of extradition--Advice as to rights.
Formal extradition proceedings under this chapter may be waived if the person making the waiver, knowingly, and in the presence of a committing magistrate, signs a statement that he consents to his return to the demanding authority. However, before such waiver may be executed, the committing magistrate shall inform the person of his rights and shall inform him of the procedures available under §23-24-12.
Source:
SL 1976, ch 162, §7; SL 1978, ch 172, §7.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 24B - Extradition Of Fugitive Indians › Section 23-24B-8 - Temporary detention of fugitive being transported--Expense.

23-24B-8. Temporary detention of fugitive being transported--Expense.
The law enforcement officer or person executing the judge's warrant of arrest, or the agent of the demanding tribe to whom the prisoner may have been delivered may, if necessary, confine the prisoner in the jail of any county or first or second class municipality through which the prisoner may pass. The person in charge of the jail shall receive and safely keep the prisoner until the law enforcement officer or person having charge of the prisoner is ready to proceed on the route. The governmental unit which employs the law enforcement officer or person having custody of the prisoner shall be charged with the expense of keeping the prisoner, unless reimbursement is otherwise provided pursuant to an agreement between the tribe and governmental unit.
Source:
SL 1978, ch 172, §8; SL 1992, ch 60, §2; SL 2018, ch 142, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 26A - Rendition Of Accused Persons › Section 23-26A-1 - Request by another state for arrest of accused who has violated terms of release--Documents filed with magistrate.

23-26A-1. Request by another state for arrest of accused who has violated terms of release--Documents filed with magistrate.
If a person who has been charged with a crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of his release, and is present in this state, a designated agent of the court, judge, or magistrate which authorized the release may request the issuance of a warrant for the arrest of the person and an order authorizing his return to the demanding court, judge, or magistrate. Before the warrant is issued, the designated agent must file with a committing magistrate of this state the following documents:
(1)An affidavit stating the name and whereabouts of the person whose removal is sought, the crime with which the person was charged, and the status of the proceedings against him;
(2)A certified copy of the order or other document specifying the terms and conditions under which the person was released from custody; and
(3)A certified copy of an order of the demanding court, judge, or magistrate stating the manner in which the terms and the conditions of the release have been violated and designating the affiant its agent for seeking removal of the person.
Source:
SL 1978, ch 174, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 26A - Rendition Of Accused Persons › Section 23-26A-2 - Warrant for arrest of accused person.

23-26A-2. Warrant for arrest of accused person.
Upon initially determining that the affiant is a designated agent of the demanding court, judge, or magistrate, and that there is probable cause for believing that the person whose removal is sought has violated the terms or conditions of his release, the committing magistrate shall issue a warrant to a law enforcement officer of this state for the person's arrest.
Source:
SL 1978, ch 174, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 26A - Rendition Of Accused Persons › Section 23-26A-3 - Magistrate's direction to prosecuting attorney to investigate.

23-26A-3. Magistrate's direction to prosecuting attorney to investigate.
The committing magistrate shall notify the prosecuting attorney of his action and shall direct him to investigate the case to ascertain the validity of the affidavits and documents required by §23-26A-1 and the identity and authority of the affiant.
Source:
SL 1978, ch 174, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 26A - Rendition Of Accused Persons › Section 23-26A-4 - Arrested person taken before magistrate--Advice as to rights.

23-26A-4. Arrested person taken before magistrate--Advice as to rights.
The person whose removal is sought shall be brought before the committing magistrate immediately upon arrest pursuant to the warrant; whereupon the committing magistrate shall set a time and place for hearing, and shall advise the person of his right to have the assistance of counsel, to confront the witnesses against him, and to produce evidence in his own behalf at the hearing.
Source:
SL 1978, ch 174, §4.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 26A - Rendition Of Accused Persons › Section 23-26A-5 - Waiver of hearing by person arrested.

23-26A-5. Waiver of hearing by person arrested.
The person whose removal is sought may at this time in writing waive the hearing and agree to be returned to the demanding court, judge, or magistrate. If a waiver is executed, the committing magistrate shall issue an order pursuant to §23-26A-7.
Source:
SL 1978, ch 174, §5.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 26A - Rendition Of Accused Persons › Section 23-26A-6 - Release of accused person pending hearing.

23-26A-6. Release of accused person pending hearing.
The committing magistrate may impose conditions of release authorized by the laws of this state which will reasonably assure the appearance at the hearing of the person whose removal is sought.
Source:
SL 1978, ch 174, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 26A - Rendition Of Accused Persons › Section 23-26A-7 - Hearing and order for return to other state--Findings required.

23-26A-7. Hearing and order for return to other state--Findings required.
The prosecuting attorney shall appear at the hearing and report to the committing magistrate the results of his investigation. If the committing magistrate finds that the affiant is a designated agent of the demanding court, judge, or magistrate and that the person whose removal is sought was released from custody by the demanding court, judge, or magistrate, and that the person has violated the terms or conditions of his release, the committing magistrate shall issue an order authorizing the return of the person to the custody of the demanding court, judge, or magistrate forthwith.
Source:
SL 1978, ch 174, §7.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 26A - Rendition Of Accused Persons › Section 23-26A-8 - Uniformity of construction.

23-26A-8. Uniformity of construction.
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Source:
SL 1978, ch 174, §9.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 26A - Rendition Of Accused Persons › Section 23-26A-9 - Severability of provisions.

23-26A-9. Severability of provisions.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does 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 severable.
Source:
SL 1978, ch 174, §8.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 01 - Scope And Purpose Of Title › Section 23A-1-1 - (Rule 1) Proceedings governed by title.

23A-1-1.(Rule 1) Proceedings governed by title.
This title shall govern the procedure to be used in the courts of this state in all criminal proceedings and in all proceedings for violations of ordinances and bylaws of units of local government of this state.
Source:
SL 1978, ch 178, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 01 - Scope And Purpose Of Title › Section 23A-1-2 - (Rule 2) Purposes of title--Construction.

23A-1-2.(Rule 2) Purposes of title--Construction.
This title is intended to provide for the just determination of every criminal proceeding. It shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay.
Source:
SL 1978, ch 178, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 02 - Complaint, Warrant And Summons › Section 23A-2-1 - Complaint as statement of offense--Signature under oath--Traffic ticket issued by law enforcement officer.

23A-2-1. Complaint as statement of offense--Signature under oath--Traffic ticket issued by law enforcement officer.
A complaint is a written statement of the essential facts constituting an offense charged. The complaint shall be signed under oath before a person authorized to administer oaths in the State of South Dakota. A law enforcement officer, in lieu of signing a complaint for a misdemeanor or felony under oath, may sign a statement printed or written on a complaint or summons on a uniform traffic ticket stating: "I declare and affirm under the penalties of perjury that this complaint or summons has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who signs a statement as required by this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.
Source:
SDC 1939 & Supp 1960, §34.1501; SDCL §23-19-2; SL 1978, ch 178, §3; SL 2015, ch 134, §2; SL 2017, ch 105, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 02 - Complaint, Warrant And Summons › Section 23A-2-2 - (Rule 4(a)) Warrant or summons issued on complaint--Sworn oral testimony--Failure of defendant to respond to summons.

23A-2-2.(Rule 4(a)) Warrant or summons issued on complaint--Sworn oral testimony--Failure of defendant to respond to summons.
If it appears from a complaint, or from an affidavit or affidavits filed with a complaint, that there is probable cause to believe that an offense has been committed and that a particular person has committed it, a warrant for the arrest of that person, if requested by the prosecuting attorney, shall be issued to any officer authorized by law to execute it. If circumstances make it reasonable to do so in the absence of a written affidavit, an arrest warrant may be issued upon sworn oral testimony of a person who is not in the physical presence of a committing magistrate if the committing magistrate is satisfied that probable cause exists for the issuance of the warrant. The sworn oral testimony may be communicated to the magistrate by telephone or other appropriate means and shall be recorded and transcribed. After transcription the statement shall be certified by the magistrate and filed with the court. This statement shall be deemed to be an affidavit and complaint for purposes of this section. In cases of alleged rape, incest, or sexual contact, if the victim is a minor, the court may limit access to the affidavit pursuant to §23A-6-22.1. Upon the request of the prosecuting attorney, a summons instead of a warrant shall be used. More than one warrant or summons may be issued on the same complaint. If a defendant fails to appear in response to a summons, a warrant shall be issued.
Source:
CCrimP 1877, §95; CL 1887, §7120; RCCrimP 1903, §92; RC 1919, §4528; SDC 1939 & Supp 1960, §34.1615; SDCL §23-21-5; SL 1978, ch 178, §4; SL 1992, ch 171; SL 2011, ch 124, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 02 - Complaint, Warrant And Summons › Section 23A-2-3 - (Rule 4(b)) Evidence furnishing probable cause for warrant or summons.

23A-2-3.(Rule 4(b)) Evidence furnishing probable cause for warrant or summons.
The finding of probable cause for the issuance of a summons or warrant of arrest may be based upon hearsay evidence in whole or in part. The committing magistrate may require nonhearsay evidence to be submitted prior to the issuance of a summons or warrant of arrest.
Source:
SL 1978, ch 178, §5.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 02 - Complaint, Warrant And Summons › Section 23A-2-4 - (Rule 4(c)(1)) Contents and signature of arrest warrant--Endorsement as to bail.

23A-2-4.(Rule 4(c)(1)) Contents and signature of arrest warrant--Endorsement as to bail.
Each arrest warrant shall be dated and contain its place of issuance. It shall be signed by a committing magistrate. It shall contain the name of the defendant or, if his name is unknown, any name or description by which he can be identified with reasonable certainty. It shall command that the defendant be brought before the nearest available committing magistrate. The committing magistrate who signs the warrant shall also endorse the amount of bail on it.
Source:
CCrimP 1877, §97; CL 1887, §7122; RCCrimP 1903, §94; RC 1919, §4530; SDC 1939 & Supp 1960, §34.1616; SDCL, §23-21-2; SL 1978, ch 178, §6.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 02 - Complaint, Warrant And Summons › Section 23A-2-5 - Copies of warrant sent to law enforcement officers.

23A-2-5. Copies of warrant sent to law enforcement officers.
A copy or an abstract of a warrant containing the information required by §23A-2-4 may be sent by any means to one or more law enforcement officers. Such copy shall confer the same authority to any law enforcement officer within his jurisdiction as the original warrant.
Source:
SDC 1939, §34.1621 as added by SL 1966, ch 119; SDCL, §23-22-31; SL 1978, ch 178, §9.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 02 - Complaint, Warrant And Summons › Section 23A-2-5.1 - Facsimile transmission of complaint or indictment--Issue of arrest warrant--Proof of magistrate's signature.

23A-2-5.1. Facsimile transmission of complaint or indictment--Issue of arrest warrant--Proof of magistrate's signature.
A committing magistrate may, by means of facsimile transmission, receive a complaint or indictment in request of the issuance of an arrest warrant and may issue an arrest warrant by the same method. All applicable procedural and statutory requirements for the issuance of an arrest warrant shall be met. For all procedural and statutory purposes, the facsimile shall have the same force and effect as the original. The original documents shall be filed with the court within five working business days.
The officer executing the arrest warrant shall receive proof that the committing magistrate has signed the warrant before the warrant is executed. Proof that the committing magistrate has signed the warrant may consist of receipt of the facsimile of the arrest warrant.
Source:
SL 1991, ch 451 (Supreme Court Rule 91-17).
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 02 - Complaint, Warrant And Summons › Section 23A-2-6 - (Rule 4(c)(2)) Contents and signature of summons.

23A-2-6.(Rule 4(c)(2)) Contents and signature of summons.
A summons shall be in the same form as a warrant of arrest except that it shall summon the defendant to appear before a committing magistrate at a stated time and place. In addition, a summons shall state that if the defendant does not appear, a warrant will be issued for his arrest. A summons must be signed by a committing magistrate.
Source:
SL 1978, ch 178, §8.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 02 - Complaint, Warrant And Summons › Section 23A-2-7 - (Rule 4(d)(1)) Execution of warrant or summons by law enforcement officer.

23A-2-7.(Rule 4(d)(1)) Execution of warrant or summons by law enforcement officer.
A warrant or summons shall be executed by any law enforcement officer who is authorized by law to execute the same. This section shall not be construed to extend the territorial jurisdiction of any law enforcement officer.
Source:
SL 1978, ch 178, §10.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 02 - Complaint, Warrant And Summons › Section 23A-2-8 - (Rule 4(d)(2)) Place of service of warrant or summons--Restriction when for violation of local ordinance or bylaw.

23A-2-8.(Rule 4(d)(2)) Place of service of warrant or summons--Restriction when for violation of local ordinance or bylaw.
Except as provided in this section and §23A-3-7, a warrant may be executed or a summons may be served at any place within the state.
A warrant or summons issued for the violation of a municipal ordinance may be executed or served at any place within a county in which such municipality is located, except that a warrant or summons issued for a parking violation may be executed or served only within the territorial jurisdiction of such unit of local government.
Source:
SL 1978, ch 178, §11; SL 1979, ch 159, §1A.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 02 - Complaint, Warrant And Summons › Section 23A-2-10 - Time of execution of warrant.

23A-2-10. Time of execution of warrant.
A warrant issued for a felony may be executed on any day, at any time of the day or night. A warrant issued for a misdemeanor shall not be executed at night unless an authorization for a night arrest is endorsed upon the warrant by the committing magistrate.
Source:
CCrimP 1877, §116; CL 1887, §7141; RCCrimP 1903, §113; RC 1919, §4546; SDC 1939 & Supp 1960, §34.1604; SDCL, §23-22-13; SL 1978, ch 178, §12.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 02 - Complaint, Warrant And Summons › Section 23A-2-11 - Service of summons on corporate defendant.

23A-2-11. Service of summons on corporate defendant.
No warrant of arrest may be issued against a corporation. A summons directed to a corporation shall be served at least five days before the day of appearance fixed therein by delivering it to the president or other head of the corporation, or to its secretary, treasurer, managing agent, or authorized agent for service of process.
Source:
SDC 1939 & Supp 1960, §34.3801; SDCL, §23-27-27; SL 1978, ch 178, §12.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-1 - Definition of arrest.

23A-3-1. Definition of arrest.
An arrest is the taking of a person into custody so that he may be held to answer for the alleged commission of a public offense.
Source:
SDC 1939 & Supp 1960, §34.1601; SDCL, §23-22-1; SL 1978, ch 178, §14.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-2 - Law enforcement officer's power to arrest without warrant.

23A-3-2. Law enforcement officer's power to arrest without warrant.
A law enforcement officer may, without a warrant, arrest a person:
(1)For a public offense, other than a petty offense, committed or attempted in his presence; or
(2)Upon probable cause that a felony or Class 1 misdemeanor has been committed and the person arrested committed it, although not in the officer's presence.
Source:
SDC 1939 & Supp 1960, §34.1609; SDCL, §23-22-7; SL 1978, ch 178, §15; SL 1979, ch 159, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-2.1 - Circumstances permitting warrantless arrests.

23A-3-2.1. Circumstances permitting warrantless arrests.
Unless the provisions of §22-18-5 apply, a law enforcement officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, any person, without a warrant, at any time that the opportunity presents itself, if the officer has probable cause to believe that:
(1)An order has been issued under chapter 25-10 protecting the victim and the terms of the order prohibiting acts or threats of abuse or excluding the person from a residence have been violated; or
(2)An order has been issued under chapter 22-19A protecting the victim and the terms of the order prohibiting acts of stalking or physical injury have been violated; or
(3)The person is eighteen years or older and within the preceding forty-eight hours has assaulted a person in a relationship as defined in §25-10-3.1;
and the officer believes that an aggravated assault has occurred; an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or an attempt by physical menace has been made to put another in fear of imminent serious bodily harm.
Source:
SL 1989, ch 207, §1; SL 1996, ch 153; SL 1998, ch 146, §1; SL 2001, ch 119, §1; SL 2006, ch 134, §1; SL 2015, ch 139, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-3 - Citizen's arrest.

23A-3-3. Citizen's arrest.
Any person may arrest another:
(1)For a public offense, other than a petty offense, committed or attempted in his presence; or
(2)For a felony which has been in fact committed although not in his presence, if he has probable cause to believe the person to be arrested committed it.
Source:
SDC 1939 & Supp 1960, §34.1608; SDCL, §23-22-14; SL 1978, ch 178, §16.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-4 - Advice as to authority and cause of arrest without warrant.

23A-3-4. Advice as to authority and cause of arrest without warrant.
When arresting a person without a warrant, the person making the arrest must inform the person to be arrested of his authority and the cause of the arrest, and require him to submit, except when the person to be arrested is engaged in the actual commission of an offense or when he is arrested on pursuit immediately after its commission.
Source:
SDC 1939 & Supp 1960, §§34.1608, 34.1609; SDCL, §§23-22-9, 23-22-15; SL 1978, ch 178, §17.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-5 - Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure to make arrest.

23A-3-5. Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure to make arrest.
An arrest is made by an actual or attempted restraint of the person arrested or by his submission to the custody of the person making the arrest. No person shall subject an arrested person to more physical restraint than is reasonably necessary to effect the arrest. Any person making an arrest may take from the arrested person all dangerous weapons and property as defined in §23A-35-3 which the arrested person may have about his person.
Any law enforcement officer having authority to make an arrest may break open an outer or inner door or window of a dwelling house or other structure for the purpose of making the arrest if, after giving reasonable notice of his intention, he is refused admittance, and if:
(1)The law enforcement officer has obtained an arrest warrant; or
(2)Exigent circumstances justify a warrantless arrest.
Source:
SDC 1939 & Supp 1960, §§34.1603, 34.1605, 34.1606; SDCL, §§23-22-4, 23-22-17, 23-22-18; SL 1978, ch 178, §18; SL 1985, ch 193.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-6 - Aid to law enforcement officer on request.

23A-3-6. Aid to law enforcement officer on request.
Every person must aid a law enforcement officer in making an arrest if the officer requests his aid.
Source:
SDC 1939 & Supp 1960, §34.1601; SDCL, §23-22-3; SL 1978, ch 178, §19.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-7 - Restriction on place of arrest for violation of local ordinance or bylaw.

23A-3-7. Restriction on place of arrest for violation of local ordinance or bylaw.
No arrest for the violation of an ordinance or bylaw of any unit of local government may be made beyond the territorial jurisdiction of that unit of local government, except as otherwise provided in §23A-2-8.
Source:
SL 1978, ch 178, §20; SL 1979, ch 159, §1B.