Collections
South Dakota Codified Laws

Chapter 23A-43

S.D. Codified Laws ch. 23A-43

Bail

23A-43-1(Rule 46(a)) Reserved 23A-43-2Release of defendant on personal recognizance or unsecured bond--Exceptions.23A-43-2.1Defendants charged with offense punishable by death.23A-43-3Additional conditions of release imposed when necessary to assure appearance for trial.23A-43-3.1Report of noncompliance with mental health treatment.23A-43-3.2Rules regarding noncompliance with mental health treatment.23A-43-4Factors considered in determining conditions of release to be imposed.23A-43-4.123A-43-4.1, 23A-43-4.2. Transferred to §§ 25-10-40, 25-10-41 23A-43-5(Rule 46(b)) Conditions of release and bond continued unless ordered increased--Statement of reasons for adding conditions.23A-43-6Order stating conditions of release--Advice to defendant as to results of violation.23A-43-7Amendment of order to impose additional or different conditions of release--Review on inability of defendant to meet additional conditions.23A-43-8Review of conditions when defendant unable to meet conditions for release--Statement by magistrate of reasons for conditions.23A-43-9Review of conditions requiring return to custody after specified hours--Statement by magistrate of reasons for requirement.23A-43-10Review by another magistrate when committing magistrate unavailable.23A-43-11Continuation of conditions to insure subjection to another court where charges pending--Transmittal of papers to other jurisdiction.23A-43-12Information considered in bail proceedings need not conform to rules of evidence.23A-43-13Disposition of cases by forfeiture of collateral not prohibited.23A-43-14Motion for amendment by circuit judge of conditions of release.23A-43-15Appeal to Supreme Court for amendment of conditions of release--Disposition by court.23A-43-16Release pending judgment or appeal--Criteria considered--Right to judicial review of conditions.23A-43-17(Rule 46(c)) Burden of proof as to risk of flight or danger.23A-43-18Conditions of release imposed on material witness--Release after deposition taken.23A-43-19Order for commitment or better security from person about to abscond--Order of arrest.23A-43-20(Rule 46(d)) Justification by sureties--Findings as to financial responsibility--Attorney not to be surety.23A-43-21(Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition--Warrant for arrest.23A-43-22(Rule 46(e)(2)) Setting aside forfeiture of bail.23A-43-23(Rule 46(e)(3)) Default judgment on forfeiture--Enforcement of liability on motion--Notice of motion.23A-43-24(Rule 46(e)(4)) Remission of bond after entry of judgment.23A-43-25Proceeding against bail after forfeiture of undertaking--Payment into county treasury of money deposit forfeited--Bonds for traffic or other misdemeanor violations excluded.23A-43-25.1Reinstated bond or undertaking paid to officer with whom originally deposited.23A-43-26(Rule 46(f)) Exoneration of obligors and release of bail--Cash deposit or surrender of defendant exonerating.23A-43-27Exoneration of bail on commitment under sentence.23A-43-28Exoneration of bail on commitment as mentally ill.23A-43-29Arrest of defendant by surety on violation of conditions--Recommitment and discharge of surety.23A-43-30(Rule 46(g)) Court supervision to eliminate unnecessary detention.23A-43-31Failure to appear after release as forfeiture of security--Felony or misdemeanor.23A-43-32Contempt powers of courts unimpaired.