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.