reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 37 - Disposition Of Seized Property › Section 23A-37-7 - Money restored to owner--Gambling money paid into county treasury.

23A-37-7. Money restored to owner--Gambling money paid into county treasury.
Money shall be restored to the owner unless it was used in unlawful gambling or lotteries in which case it shall be paid into the county treasury pursuant to §16-2-28.
Source:
SL 1978, ch 178, §469; SL 1982, ch 170, §§1 and 3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 37 - Disposition Of Seized Property › Section 23A-37-8 - Conditions for release of seized property to owner.

23A-37-8. Conditions for release of seized property to owner.
The court shall release all property to its rightful owner, if:
(1)The owner is not prohibited by law from possessing such property;
(2)The property is not needed as evidence in any judicial proceeding;
(3)Satisfactory arrangements have been made to return such property to the court if subsequently needed as evidence.
Upon completion of the proceeding, the circuit court or magistrate judge shall make arrangements for the return or disposition of all property used as evidence.
Source:
CCrimP 1877, §§539 to 541; CL 1887, §§7590 to 7592; RCCrimP 1903, §§571 to 573; RC 1919, §§4648 to 4650; SDC 1939 & Supp 1960, §34.0603; SDCL §23-16-3; SL 1978, ch 178, §468; SL 1983, ch 189; SL 2014, ch 117, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 37 - Disposition Of Seized Property › Section 23A-37-9 - Destruction of contraband and illegal property--Sale of articles capable of lawful use--Controlled weapons or firearms.

23A-37-9. Destruction of contraband and illegal property--Sale of articles capable of lawful use--Controlled weapons or firearms.
Articles of contraband or property of an illegal nature shall be destroyed, except that any articles which are capable of lawful use may in the discretion of the court be sold and the proceeds disposed of as provided in §23A-37-10. However, the provisions of §23A-37-13 apply to any controlled weapon or firearm.
Source:
SL 1978, ch 178, §469; SL 1979, ch 159, §25A; SL 1985, ch 188, §5; SL 1999, ch 128, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 37 - Disposition Of Seized Property › Section 23A-37-10 - Sale or transfer of unclaimed property.

23A-37-10. Sale or transfer of unclaimed property.
If there is no claimant or if the right to possession of seized property cannot be determined after a reasonable period of time, the law enforcement agency collecting such property, through an order of the court, may:
(1)Transfer ownership of the property to any governmental agency having a legitimate need for such property; or
(2)Sell the property and deliver the proceeds of the sale to the appropriate finance officer of the city, county, or state employing such law enforcement agency.
Source:
SDC 1939 & Supp 1960, §34.0604; SDCL, §23-16-4; SL 1978, ch 178, §470; SL 1982, ch 170, §§1 and 3; SL 2000, ch 113, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 37 - Disposition Of Seized Property › Section 23A-37-12 - Chapter supplemental--Disposition as directed by court.

23A-37-12. Chapter supplemental--Disposition as directed by court.
The provisions of this chapter shall not be exclusive, but shall be supplemental to other laws on the subject. Unless otherwise provided by law, all other property shall be disposed of in such manner as the court shall direct.
Source:
SL 1978, ch 178, §471.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 37 - Disposition Of Seized Property › Section 23A-37-13 - Controlled weapons and firearms disposal.

23A-37-13. Controlled weapons and firearms disposal.
Any controlled weapon or firearm used in violation of chapter 22-14 shall be disposed of as follows:
(1)If it is stolen, it shall be returned to the lawful owner upon proof of ownership;
(2)If it is illegal, it shall be destroyed pursuant to law; or
(3)If it is neither stolen nor illegal, it shall be delivered to the arresting agency or, at the direction of the attorney general, to the South Dakota Forensic Laboratory for scientific examination purposes, for lawful use or disposal.
In the case of a disposition pursuant to subdivision (3), the arresting agency or forensic laboratory may use, trade-in, destroy, or sell, as provided in chapter 5-24A or §6-13-6, the controlled weapon or firearm.
Source:
SL 1983, ch 188, §2; SL 1998, ch 151, §1; SL 1999, ch 128, §2; SL 2006, ch 137, §1; SL 2011, ch 2, §131.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 37 - Disposition Of Seized Property › Section 23A-37-13.1 - Money from sale to be deposited in law enforcement officers training fund.

23A-37-13.1. Money from sale to be deposited in law enforcement officers training fund.
Any moneys derived by the South Dakota Forensic Laboratory from the sale of weapons or firearms pursuant to §23A-37-13 shall be deposited in the law enforcement officers training fund.
Source:
SL 2006, ch 137, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 37 - Disposition Of Seized Property › Section 23A-37-14 - Photographing and return of property of victim seized as evidence--Admissibility of photographs.

23A-37-14. Photographing and return of property of victim seized as evidence--Admissibility of photographs.
Any property, which is not contraband, seized or confiscated by law enforcement personnel, ostensibly for use as evidence in a criminal prosecution, shall be preserved, maintained, or stored at the expense of the county where the criminal offense occurred. If the property is not contraband and is owned by a victim of the crime being investigated, the property shall be photographed by the appropriate law enforcement personnel and returned to the victim of the crime within thirty days of completion of forensic analysis unless the prosecuting attorney deems it essential to the prosecution of the case to retain the evidence. The photographs shall accurately and correctly represent the property and are admissible evidence pursuant to article X of chapter 19-19 in any resulting criminal proceeding.
Source:
SL 1985, ch 198, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 37 - Disposition Of Seized Property › Section 23A-37-15 - Notice to defendant of return--Motion not to release.

23A-37-15. Notice to defendant of return--Motion not to release.
Before any property is returned to the owner pursuant to §23A-37-14, the law enforcement personnel in possession of the property shall notify the defendant that the property will be returned to the owner. Upon a motion made by the defendant and upon good cause shown that the property contains exculpatory evidence of the defendant's innocence, the court may order the law enforcement personnel in possession of the property not to release it to the owner.
Source:
SL 1985, ch 198, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 38 - (Rule 42) Contempt › Section 23A-38-1 - (Rule 42(a)) Summary punishment of contempt in presence of court--Contents and signature of order--Maximum punishment.

23A-38-1.(Rule 42(a)) Summary punishment of contempt in presence of court--Contents and signature of order--Maximum punishment.
Criminal contempt may be punished summarily if a judge or magistrate judge certifies that he saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. An order of contempt shall recite the facts and shall be signed by the judge or magistrate judge and entered of record. Contempt prosecuted under this section shall be punishable by imprisonment of not more than thirty days in the county jail or a fine not exceeding one hundred dollars, or both.
Source:
SL 1978, ch 178, §472; SL 1979, ch 159, §27.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 38 - (Rule 42) Contempt › Section 23A-38-2 - (Rule 42(b)) Notice and hearing on criminal contempt out of presence of court--Disqualification of judge--Jury trial--Punishment as misdemeanor.

23A-38-2.(Rule 42(b)) Notice and hearing on criminal contempt out of presence of court--Disqualification of judge--Jury trial--Punishment as misdemeanor.
Criminal contempt, except as provided in §23A-38-1, shall be prosecuted after notice is given to the defendant. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the criminal contempt charged and describe it as such. The notice may be given orally by a judge in open court in the presence of the defendant or, on application of a prosecuting attorney or of an attorney appointed by the court for that purpose, by an order to show cause or an order of arrest. If the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing on the contempt charge except with the defendant's consent. The defendant has a right to a jury trial. Upon a verdict or finding of guilt the court shall enter an order fixing the punishment. Contempt prosecuted under this section shall be punished as a Class 1 misdemeanor.
Source:
SL 1978, ch 178, §473; SL 1979, ch 159, §28.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 38 - (Rule 42) Contempt › Section 23A-38-3 - Order to witness before grand jury to show cause against contempt.

23A-38-3. Order to witness before grand jury to show cause against contempt.
Whenever a witness in any proceeding before a grand jury of this state refuses without just cause to comply with an order to testify or provide other information, the prosecuting attorney may apply to the court for an order directing the witness to show cause why the witness should not be held in contempt.
Source:
SL 1978, ch 178, §476.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 38 - (Rule 42) Contempt › Section 23A-38-4 - Notice of hearing on contempt by grand jury witness.

23A-38-4. Notice of hearing on contempt by grand jury witness.
No hearing under §23A-38-3 shall be held unless seventy-two hours' notice is given to the witness who has refused to comply with the court order, except that a witness may be given a shorter notice if the court, upon a showing of special need, so orders.
Source:
SL 1978, ch 178, §477.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 38 - (Rule 42) Contempt › Section 23A-38-5 - Order holding grand jury witness in contempt.

23A-38-5. Order holding grand jury witness in contempt.
After submission of an application pursuant to §23A-38-3, and a hearing, at which the witness is entitled to be represented by counsel, the court may, upon a finding that such refusal was without just cause, hold the witness in contempt as provided in §23A-38-2.
Source:
SL 1978, ch 178, §478.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 38 - (Rule 42) Contempt › Section 23A-38-6 - Counsel for indigent defendants in contempt cases.

23A-38-6. Counsel for indigent defendants in contempt cases.
In any proceeding conducted under §23A-38-1, 23A-38-2, or 23A-38-5, including all necessary appeals, counsel shall be appointed as provided in chapter 23A-40.
Source:
SL 1978, ch 178, §480.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 38 - (Rule 42) Contempt › Section 23A-38-7 - Bail pending appeal from order of confinement--Expeditious disposition of appeal.

23A-38-7. Bail pending appeal from order of confinement--Expeditious disposition of appeal.
Any person confined pursuant to §23A-38-1 or 23A-38-2 shall be admitted to bail or released in accordance with chapter 23A-43, pending the determination of an appeal taken by him from the order of his confinement unless it affirmatively appears that the appeal is frivolous or taken for delay. Any appeal from an order of confinement under this section shall be disposed of as soon as practicable, and in no event more than thirty days from the filing of such appeal.
Source:
SL 1978, ch 178, §475.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 38 - (Rule 42) Contempt › Section 23A-38-8 - Place of confinement of person held in contempt.

23A-38-8. Place of confinement of person held in contempt.
Any confinement shall be at a suitable correctional facility within the circuit in which the sentencing court is located. Upon a showing of need or hardship the court ordering confinement may grant a request by the witness to be imprisoned at a suitable correctional facility near the place of residence or employment of the witness, or the witness' family or relatives or the attorney of the witness.
Source:
SL 1978, ch 178, §474.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 38 - (Rule 42) Contempt › Section 23A-38-9 - Subsequent punishment for contempt permitted on subsequent refusal to provide information.

23A-38-9. Subsequent punishment for contempt permitted on subsequent refusal to provide information.
A person fined or imprisoned under §23A-38-2 or 23A-38-5 for refusal to testify or provide other information concerning any transaction, set of transactions, event, or events in a proceeding before a court or grand jury of this state, may be again fined, imprisoned, or both, under §23A-38-2 or 23A-38-5 for a subsequent refusal to testify or provide other information concerning the same transaction, set of transactions, event, or events.
Source:
SL 1978, ch 178, §479.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 38 - (Rule 42) Contempt › Section 23A-38-10 - Service of prisoner's sentence tolled for refusal to testify in certain proceedings--Prisoner defined.

23A-38-10. Service of prisoner's sentence tolled for refusal to testify in certain proceedings--Prisoner defined.
If a prisoner is confined for contempt pursuant to §23A-38-1, 23A-38-2, or 23A-38-5 for refusal, without just cause, to comply with an order to testify or provide other information in a proceeding before a court or grand jury, the period during which the prisoner remains in contempt may not be deemed service of the prisoner's sentence. The term "prisoner" as used in this section includes any person incarcerated for the purpose of serving a sentence after conviction of a criminal offense.
Source:
SL 1988, ch 195.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 39 - (Rule 43) Presence Of The Defendant › Section 23A-39-1 - (Rule 43 (a)) Presence required at all times except as provided.

23A-39-1.(Rule 43 (a)) Presence required at all times except as provided.
A defendant shall be present at his arraignment, at the time of his plea, at every stage of his trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as provided by §§23A-39-2 and 23A-39-3.
Source:
SDC 1939 & Supp 1960, §§34.3501, 34.3602; SDCL, §§23-35-2, 23-42-1; SL 1978, ch 178, §485.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 39 - (Rule 43) Presence Of The Defendant › Section 23A-39-2 - (Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.

23A-39-2.(Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.
The further progress of a trial to and including the return of a verdict shall not be prevented whenever a defendant who was initially present:
(1)In noncapital cases, voluntarily absents himself after the trial has commenced; or
(2)Engages in conduct which justifies his being excluded from the courtroom.
Source:
SL 1978, ch 178, §486.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 39 - (Rule 43) Presence Of The Defendant › Section 23A-39-3 - (Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence.

23A-39-3.(Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence.
A defendant need not be present in the following situations:
(1)A corporation may appear by counsel for all purposes;
(2)In prosecutions for misdemeanors, a court may permit arraignment, the preliminary hearing, plea, trial, and imposition of sentence in the defendant's absence. If, however, the presence of the defendant is necessary for the purpose of identification, a court may, upon application by the prosecuting attorney, order his personal attendance at the trial; or
(3)The defendant's presence is not required at any hearing to reduce a sentence pursuant to §23A-31-1.
Source:
SDC 1939 & Supp 1960, §§34.3501, 34.3602, 34.3701; SDCL, §§23-35-2, 23-42-2, 23-48-6; SL 1978, ch 178, §487; SL 1979, ch 159, §29.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 39 - (Rule 43) Presence Of The Defendant › Section 23A-39-4 - Bench warrant for defendant failing to appear after release on bail--Costs assessed against defendant.

23A-39-4. Bench warrant for defendant failing to appear after release on bail--Costs assessed against defendant.
If the defendant has been released on bail in accordance with any provision of chapter 23A-43 and does not appear when so ordered by the court, the court, in addition to the forfeiture of bail, may direct the clerk of the court to issue a bench warrant for his arrest. The clerk, on application of the prosecuting attorney, may, at any time after the order, whether the court be sitting or not, issue a bench warrant, and may assess costs of such issuance against the defendant in the sum of ten dollars.
Source:
SDC 1939 & Supp 1960, §34.3702; SDCL, §23-48-8; SL 1978, ch 178, §488; SL 1987, ch 181, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 39 - (Rule 43) Presence Of The Defendant › Section 23A-39-5 - Service of bench warrant.

23A-39-5. Service of bench warrant.
The bench warrant issued pursuant to §23A-39-4 may be served in any county, in the same manner as a warrant of arrest.
Source:
SDC 1939 & Supp 1960, §34.3702; SDCL, §23-48-10; SL 1978, ch 178, §489.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-6 - Arrest or detention without formal charge--Assignment of counsel--Certification of indigency required.

23A-40-6. Arrest or detention without formal charge--Assignment of counsel--Certification of indigency required.
In any criminal investigation or in any criminal action or action for revocation of suspended sentence or probation in the circuit or magistrate court or in a final proceeding to revoke a parole, if it is satisfactorily shown that the defendant or detained person does not have sufficient money, credit, or property to employ counsel and pay for the necessary expenses of his representation, the judge of the circuit court or the magistrate shall, upon the request of the defendant, assign, at any time following arrest or commencement of detention without formal charges, counsel for his representation, who shall appear for and defend the accused upon the charge against him, or take other proper legal action to protect the rights of the person detained without formal charge.
In each case, the indigent person, subject to the penalties for perjury, shall certify in writing or by other record such material factors relating to his ability to pay as the court prescribes.
Source:
SDC 1939, §§34.1901, 34.3506; SL 1957, ch 182; SDCL, §§23-2-1, 23-35-11; SL 1968, ch 147; SL 1969, ch 155; SL 1978, ch 178, §492; SDCL Supp, §23A-40-3; SL 1979, ch 159, §33; SL 1983, ch 190, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-6.1 - Assigned counsel not required where defendant not deprived of liberty--Statement of judge required.

23A-40-6.1. Assigned counsel not required where defendant not deprived of liberty--Statement of judge required.
At the time of arraignment for a violation of a Class 2 misdemeanor or a violation of an ordinance or at the time of the hearing for a petty offense, the circuit court judge or magistrate may conclude and state on the record, in the defendant's presence, that the defendant will not be deprived of his liberty if he is convicted. The circuit court judge's or magistrate's statement that the defendant will not be deprived of his liberty if he is convicted shall be made before the defendant enters his plea. If the defendant is not in custody and if the court has concluded that he will not be deprived of his liberty if he is convicted, an indigent defendant charged with violating a Class 2 misdemeanor, an ordinance not having a penalty greater than a Class 2 misdemeanor or a petty offense, is not entitled to court assigned counsel.
Source:
SL 1983, ch 190, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-7 - Representation provided by county or municipality for indigents detained without formal charge.

23A-40-7. Representation provided by county or municipality for indigents detained without formal charge.
The board of county commissioners of each county and the governing body of any municipality shall provide for the representation of indigent persons described in §23A-40-6. The board or body shall provide this representation by any or all of the following:
(1)Establishing and maintaining an office of a public defender;
(2)Arranging with the courts in the county to appoint attorneys on an equitable basis through a systematic, coordinated plan; or
(3)Contracting with any attorney licensed to practice law in this state.
In those counties which have established an office of public defender, any proceedings after judgment may be assigned to the public defender. The provisions of chapter 5-18A do not apply to this section.
Source:
SL 1979, ch 159, §§34, 35; SL 1998, ch 152, §1; SL 2011, ch 2, §132.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-8 - Compensation of assigned counsel.

23A-40-8. Compensation of assigned counsel.
Counsel assigned pursuant to §23A-40-6 and subdivision 23A-40-7(2) shall, after the disposition of the cause, be paid by the county in which the action is brought, or, in case of a parole revocation, by the county from which the inmate was sentenced, a reasonable and just compensation for his services and for necessary expenses and costs incident to the proceedings in an amount to be fixed by a judge of the circuit court or a magistrate judge within guidelines established by the presiding judge of the circuit court.
Source:
SDC 1939, §34.1901; SL 1957, ch 182; SDCL, §§23-2-2, 23-2-3; SL 1968, ch 147; SL 1969, ch 155; SL 1978, ch 178, §493; SDCL Supp, §23A-40-4; SL 1979, ch 159, §34; SL 1983, ch 191, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-9 - Compensation of assigned counsel for services after judgment and conviction.

23A-40-9. Compensation of assigned counsel for services after judgment and conviction.
If proceedings after judgment and conviction are taken, by motion in arrest of judgment, motion for a new trial or any presentence or post-sentence proceedings, or an appeal to the Supreme Court, an allowance for a sum as may be reasonable and just for the services rendered and for necessary expenses and cost incident to the proceedings shall be allowed to counsel assigned by the court pursuant to §23A-40-6 and subdivision 23A-40-7(2), in an amount to be set by a judge of the circuit court or a magistrate judge within guidelines established by the presiding judge of the circuit court.
Source:
SDC 1939, §34.1901; SL 1957, ch 182; SDCL, §§23-2-2, 23-2-3; SL 1968, ch 147; SL 1969, ch 155; SL 1978, ch 178, §493; SDCL Supp, §23A-40-4; SL 1979, ch 159, §35; SL 1983, ch 191, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-10 - Funds available from or on behalf of defendant--Order for reimbursement--Applicability--Credit against lien.

23A-40-10. Funds available from or on behalf of defendant--Order for reimbursement--Applicability--Credit against lien.
If the court finds that funds are available for payment from or on behalf of a defendant to carry out, in whole or in part, the provisions of this chapter, the court may order that the funds be paid, as court costs or as a condition of probation, to the court for deposit with the county or municipal treasurer, to be placed in the county or municipal general fund or in the public defender fund in those counties establishing the office pursuant to subdivision 23A-40-7(1) as a reimbursement to the county or municipality to carry out the provisions of this section. The court may also order payment to be made in the form of installments or wage assignments, in amounts set by a judge of the circuit court or a magistrate judge, either during the time a charge is pending or after the disposition of the charge, regardless of whether the defendant has been acquitted or the case has been dismissed by the prosecution or by order of the court. The provisions of this section also apply to persons who have had counsel appointed under chapters 26-7A, 26-8A, 26-8B, and 26-8C. The reimbursement is a credit against any lien created by the provisions of this chapter against the property of the defendant.
Source:
SL 1979, ch 159, §40; SL 1983, ch 192, §1; SL 1997, ch 146, §1; SL 2001, ch 123, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-11 - Lien created against property of person for whom counsel provided--Limitation.

23A-40-11. Lien created against property of person for whom counsel provided--Limitation.
A lien, enforceable as provided by this chapter, upon all the property, both real and personal, of any person, including the parents of a minor child, for whom legal counsel or a public defender has been appointed under the provisions of §23A-40-6, subdivisions 23A-40-7(2) and (3), or §26-7A-31 may be filed. The services rendered and expenses incurred are a claim against the person and that person's estate, enforceable according to law in an amount to be determined by a judge of the circuit court or a magistrate judge and paid by the county or municipality chargeable for them. A lien on the parents of a minor child pursuant to this section may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs.
Source:
SL 1969, ch 156, §1; SDCL Supp, §23-2-3.1; SL 1978 ch 178, §494; SDCL Supp, §23A-40-5; SL 1979, ch 159, §36; SL 1983, ch 191, §3; SL 1983, ch 192, §2; SL 1989, ch 227, §2; SL 1991, ch 217, §167; SL 1998, ch 152, §2; SL 2002, ch 122, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-12 - Public defender's lien.

23A-40-12. Public defender's lien.
If the legal services have been provided by a public defender or an attorney with whom a contract has been entered into to provide services in lieu of a public defender, a public defender's lien shall be set by a judge of the circuit court or magistrate judge at a reasonable amount for the services rendered.
Source:
SL 1969, ch 156, §1; SDCL Supp, §23-2-3.1; SL 1978, ch 178, §494; SDCL Supp, §23A-40-5; SL 1979, ch 159, §36; SL 1983, ch 191, §4; SL 1998, ch 152, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-13 - Statement of claim filed--Enforceability of lien.

23A-40-13. Statement of claim filed--Enforceability of lien.
Immediately upon payment by the chargeable county or municipality, or upon the setting of the public defender's lien by a circuit court judge or magistrate judge, a statement of claim showing the name and residence of the recipient shall be filed by the county auditor or municipal, finance officer in the office of the register of deeds in the county where the recipient resides. A certified copy of the lien may be filed in any other county in which the recipient may have or may acquire an interest in real or personal property. The lien is enforceable, until satisfied or compromised.
Source:
SL 1979, ch 159, §37; SL 1980, ch 182; SL 1983, ch 191, §5; SL 1983, ch 192, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-14 - Enforcement or disposition of lien.

23A-40-14. Enforcement or disposition of lien.
The board of county commissioners of the county or the governing board of the municipality filing the lien may enforce, foreclose, satisfy, compromise, settle, subordinate, release, or otherwise dispose of the lien.
Source:
SL 1979, ch 159, §38; SL 1983, ch 192, §4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-15 - Foreclosure prohibited upon homestead or exempt personal property.

23A-40-15. Foreclosure prohibited upon homestead or exempt personal property.
No lien provided for in this chapter shall be foreclosed upon the homestead, as defined by chapter 43-31, of the recipient or his family, nor upon any personal property which is exempt from process under chapter 43-45.
Source:
SL 1979, ch 159, §39.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-16 - Correction of mistake in lien record at request of adversely affected person.

23A-40-16. Correction of mistake in lien record at request of adversely affected person.
If, in the record of a lien made under the provisions of this chapter, the name of the person or persons for whose benefit any payment was made, or the name of a person or persons against whose property a lien may appear to have been created, is shown or stated to have been made by mistake or incorrectly or in such manner as not to identify easily the owner or owners of property, or the amount of such lien is incorrectly stated or recorded, any person whose interests are adversely affected thereby may apply to the board of county commissioners for correction of the record to conform to the facts. The board may grant the relief sought and direct the correction of the record accordingly.
Source:
SL 1979, ch 159, §38.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-17 - Court appointed attorney and public defender payment fund established.

23A-40-17. Court appointed attorney and public defender payment fund established.
There is hereby created in the Office of the State Treasurer a court appointed attorney and public defender payment fund.
Source:
SL 1982, ch 186, §6.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-20 - Annual distribution of moneys in fund--Determination of pro rata payments to counties.

23A-40-20. Annual distribution of moneys in fund--Determination of pro rata payments to counties.
All moneys in the court appointed attorney and public defender payment fund shall be annually distributed by the state treasurer to the counties on a pro rata basis. The state treasurer shall, within sixty days of the end of the fiscal year, determine and verify from receipts and expenditure records the total expenditures by all counties in the state for court appointed attorneys and public defender offices. He shall then establish a percentage ratio between moneys collected in the fund for the past fiscal year and the total expenditures by counties for court appointed attorneys and public defender offices. That percentage ratio shall then be applied to each county's gross expenditure for court appointed attorneys and public defender offices to determine its respective payment from the fund.
Source:
SL 1982, ch 186, §9; SL 1991, ch 197, §4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 40 - (Rule 44) Counsel For Indigent Defendant › Section 23A-40-21 - Training on mental illness and services.

23A-40-21. Training on mental illness and services.
Each court-appointed defense attorney shall receive training on mental illness, available mental health services, eligibility criteria and referral processes, and forensic evaluations.
Source:
SL 2017, ch 109, §25, eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 41 - (Rule 45) Time Allowed › Section 23A-41-1 - (Rule 45(a)) Days included and excluded in computing time--Adjustment for weekends and holidays.

23A-41-1.(Rule 45(a)) Days included and excluded in computing time--Adjustment for weekends and holidays.
In computing any period of time, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When a period of time prescribed or allowed is less than eleven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this section, a "legal holiday" is any day designated as a holiday in §1-5-1.
Source:
SL 1978, ch 178, §495; SL 2010, ch 253 (Supreme Court Rule 09-09), eff. Sept. 24, 2009.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 41 - (Rule 45) Time Allowed › Section 23A-41-2 - (Rule 45(b)) Extension of time by court--Permitting action after expiration of period--Exceptions.

23A-41-2.(Rule 45(b)) Extension of time by court--Permitting action after expiration of period--Exceptions.
When an act is required or allowed to be done at or within a specified time, a court for cause shown may at any time in its discretion:
(1)With or without motion or notice, order the period extended if a request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or
(2)Upon motion made after the expiration of the specified period, permit the act to be done if the failure to act was the result of excusable neglect.
However, a court may not extend the time for taking an action under chapter 23A-23, chapter 23A-29, chapter 23A-30, or §23A-31-1, except to the extent and under the conditions stated in those chapters and section.
Source:
SL 1978, ch 178, §496.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 41 - (Rule 45) Time Allowed › Section 23A-41-4 - (Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions.

23A-41-4.(Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions.
A written motion, other than one which may be heard ex parte, and notice of the hearing thereon must be served at least five days before the time specified for the hearing unless a different period is fixed by rule or order of court. For cause shown such an order may be made on ex parte application. When a motion is supported by an affidavit, the affidavit must be served with the motion; and opposing affidavits must be served at least one day before the hearing unless the court permits them to be served at a later time.
Source:
SL 1978, ch 178, §498.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 41 - (Rule 45) Time Allowed › Section 23A-41-5 - (Rule 45 (e)) Time added when papers served by mail.

23A-41-5.(Rule 45 (e)) Time added when papers served by mail.
Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other paper upon him and the notice or other paper is served upon him by mail, three days shall be added to the prescribed period.
Source:
SL 1978, ch 178, §499.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 42 - Limitation Of Criminal Prosecutions › Section 23A-42-1 - No limitation on prosecution for Class A, Class B, or Class C felonies.

23A-42-1. No limitation on prosecution for Class A, Class B, or Class C felonies.
There is no limitation on the time within which a prosecution for Class A, Class B, or Class C felony must be commenced.
Source:
SDC 1939 & Supp 1960, §34.0701; SDCL, §23-8-1; SL 1978, ch 178, §500; SL 1981, ch 186, §2; SL 2005, ch 120, §149.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 42 - Limitation Of Criminal Prosecutions › Section 23A-42-2 - Seven-year limitation on other prosecutions.

23A-42-2. Seven-year limitation on other prosecutions.
In all other prosecutions for a public offense and all proceedings of a quasi-criminal or penal nature, including the forfeiture of existing rights, the proceedings shall be commenced within seven years after the commission of the offense or crime which is the basis of the prosecution or proceedings, except as provided in §23A-42-3.
Source:
SDC 1939 & Supp 1960, §34.0703; SDCL, §23-8-3; SL 1975, ch 279, §2; SL 1978, ch 178, §501.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 42 - Limitation Of Criminal Prosecutions › Section 23A-42-3 - Limitation period on forgery or theft commences at time of discovery--Proof as to failure of discovery.

23A-42-3. Limitation period on forgery or theft commences at time of discovery--Proof as to failure of discovery.
When the defendant is charged with forgery or theft, an action described in §23A-42-2 shall be commenced at any time within seven years after the discovery of the crime. The failure of discovery, if more than seven years has elapsed at the time of prosecution, shall in all cases be pleaded and proven in the same manner as other elements of the offense.
Source:
SL 1927, ch 91; SDC 1939 & Supp 1960, §34.0703; SDCL, §23-8-4; SL 1978, ch 178, §502.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 42 - Limitation Of Criminal Prosecutions › Section 23A-42-4 - Prosecution commenced by filing of complaint, information or indictment.

23A-42-4. Prosecution commenced by filing of complaint, information or indictment.
All actions referred to in §§23A-42-1 to 23A-42-3, inclusive, shall be deemed commenced by the filing of a complaint, information or indictment with any committing magistrate or clerk of any court having jurisdiction of the offense.
Source:
SL 1927, ch 91; SDC 1939 & Supp 1960, §34.0703; SDCL, §23-8-5; SL 1978, ch 178, §503.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 42 - Limitation Of Criminal Prosecutions › Section 23A-42-5 - Tolling of limitation period while defendant out of state.

23A-42-5. Tolling of limitation period while defendant out of state.
If when or after the offense is committed the defendant is out of the state, the indictment, information, or complaint may be filed within the period prescribed by §§23A-42-1 to 23A-42-3, inclusive, after his coming within the state, and no time during which the defendant is not an inhabitant within the state is part of the limitation.
Source:
SDC 1939 & Supp 1960, §34.0704; SDCL, §23-8-6; SL 1978, ch 178, §504.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 42 - Limitation Of Criminal Prosecutions › Section 23A-42-6 - No limitation during time of mental incompetence.

23A-42-6. No limitation during time of mental incompetence.
No time during which the defendant is determined to be mentally incompetent to proceed pursuant to chapter 23A-10A is part of any limitation pursuant to this chapter.
Source:
SL 2021, ch 107, § 3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-2 - Release of defendant on personal recognizance or unsecured bond--Exceptions.

23A-43-2. Release of defendant on personal recognizance or unsecured bond--Exceptions.
Except for a defendant charged with an offense punishable by death or a defendant who is currently released on personal recognizance bond, a defendant shall, at his appearance before a committing magistrate or court be ordered released pending trial on his personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the committing magistrate or court, unless the magistrate or court determines in the exercise of his discretion, that such a release will not reasonably assure the appearance of the defendant as required or that the defendant may pose a danger to any other person or to the community.
Source:
SL 1978, ch 178, §506; SL 1980, ch 183, §1; SL 1982, ch 187.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-2.1 - Defendants charged with offense punishable by death.

23A-43-2.1. Defendants charged with offense punishable by death.
A person who is charged with an offense punishable by death shall be treated in accordance with the provisions of §23A-43-3, unless the committing magistrate has reason to believe that no one or more conditions of release will reasonably assure that the person will not flee or pose a danger to any other person or to the community. If such a risk of flight or danger is believed to exist, the person may be ordered detained.
Source:
SL 1980, ch 183, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-3 - Additional conditions of release imposed when necessary to assure appearance for trial.

23A-43-3. Additional conditions of release imposed when necessary to assure appearance for trial.
If a determination is made that a release pursuant to §23A-43-2 will not reasonably assure the appearance of the defendant as required, the committing magistrate or court shall, either in lieu of or in addition to the methods of release described in §23A-43-2, impose the first of the following conditions of release which will reasonably assure the appearance of the defendant for trial or, if no single condition gives that assurance, any combination of the following conditions:
(1)Place the defendant in the custody of a designated person or organization agreeing to supervise him;
(2)Place restrictions on the travel, association, or place of abode of the defendant during the period of release;
(3)Require the defendant to complete a mental health assessment by a specified date and follow any treatment recommendations. The court shall consider available funding sources before imposing this condition of release;
(4)Require an appearance bond in a specified amount. The bond shall be executed by depositing with the clerk of the court, in cash or other security, as directed, a sum not to exceed ten percent of the amount of the bond. The deposit shall be returned upon the performance of the conditions of release;
(5)Require the execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu of a bail bond; or
(6)Impose any other condition reasonably necessary to assure the defendant's appearance as required, including a condition requiring that the defendant return to custody after specified hours.
Source:
SL 1978, ch 178, §506; SL 2017, ch 109, §9.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-3.1 - Report of noncompliance with mental health treatment.

23A-43-3.1. Report of noncompliance with mental health treatment.
If a court has imposed conditions of release that require a defendant to follow any treatment recommendations pursuant to subdivision 23A-43-3(3), the provider of those treatment services shall report any noncompliance to the court that has imposed the condition of release.
Source:
SL 2017, ch 109, §10.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-3.2 - Rules regarding noncompliance with mental health treatment.

23A-43-3.2. Rules regarding noncompliance with mental health treatment.
The Supreme Court may establish rules, pursuant to §16-3-1, regarding the definition of noncompliance in §23A-43-3.1 and how noncompliance may be reported to the court.
Source:
SL 2017, ch 109, §11.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-4 - Factors considered in determining conditions of release to be imposed.

23A-43-4. Factors considered in determining conditions of release to be imposed.
In determining which conditions of release will reasonably assure appearance, a committing magistrate or court shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the defendant, the defendant's family ties, employment, financial resources, character and mental condition, the results of any mental health assessment, the length of the defendant's residence in the community, the defendant's record of convictions, the defendant's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings, and the risk that the defendant will flee or pose a danger to any person or to the community.
Source:
SL 1978, ch 178, §509; SL 1980, ch 179, §3; SL 2017, ch 109, §12.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-5 - (Rule 46(b)) Conditions of release and bond continued unless ordered increased--Statement of reasons for adding conditions.

23A-43-5.(Rule 46(b)) Conditions of release and bond continued unless ordered increased--Statement of reasons for adding conditions.
A defendant released before trial shall continue on release until a plea or verdict of guilty has been entered, under the same terms and conditions as were previously imposed unless the committing magistrate or court determines that other terms and conditions or termination of his release are necessary to insure the orderly and expeditious progress of the trial. After conviction but prior to the entry of judgment, the defendant may be released pursuant to §23A-43-16. If a person has been arrested on a complaint and is indicted before an information has been filed on the complaint, any bond posted from the original arrest shall continue and be the bond for the same offense, unless otherwise ordered by the court. If the terms and conditions are increased in severity or if the termination of release is ordered, the committing magistrate or court shall state the reasons therefor on the record.
Source:
SL 1978, ch 178, §507; SL 1985, ch 200, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-6 - Order stating conditions of release--Advice to defendant as to results of violation.

23A-43-6. Order stating conditions of release--Advice to defendant as to results of violation.
A committing magistrate or court authorizing the release of a defendant under §23A-43-2, 23A-43-3, or 23A-43-5 shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform the defendant of the penalties for a violation of the conditions of his release and shall advise him that a warrant for his arrest will be issued immediately upon any such violation.
Source:
SL 1978, ch 178, §510.