39 chapters · 737 sections in this title.
SDCL § 7-12-10 Appointment and removal of deputies, jailers, and clerks--Oath and bond
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The appointment or removal of each deputy, jailer, and clerk shall be made by the sheriff. Each appointment or removal shall be in writing and filed with the county auditor. Each deputy, jailer, and clerk shall qualify by subscribing the official oath and shall give such bond to …
SDCL § 7-12-10.1 Civil service system for deputies in large county--Features of system--Repeal or modification
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A county with a population of seventy - five thousand or more may adopt an ordinance establishing a civil service system for its county deputy sheriffs, and provide for the appointment of a civil service board, and prescribe its powers, duties, and compensation. The civil service…
SDCL § 7-12-11 Responsibility of sheriff for deputies, jailers, and clerks--Summary relief from duties
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The sheriff is responsible for the acts of each deputy, jailer, and clerk in the performance of the duties of the sheriff's office. The sheriff may summarily relieve any deputy, jailer, or clerk of any or all official responsibilities and duties. Source: SL 1917, ch 190 , § 1; RC…
SDCL § 7-12-12 Vehicles and equipment furnished to sheriff by county--Mileage payments not made
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Any county may, at the discretion of the board of county commissioners, furnish any motorcycle, automobile, truck or other vehicle, uniforms and other equipment to the sheriff or his deputies, or both, for law enforcement purposes only. In those counties furnishing motor vehicles…
SDCL § 7-12-13 Payment of expenses where vehicle furnished by county
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The sheriff, deputies, and other law enforcement officials of any county which furnishes motor vehicles for law enforcement purposes shall present itemized vouchers showing all receipted expenses, to be approved by the board of county commissioners, for payment by the county trea…
SDCL § 7-12-14 County reimbursement of expenses on official business
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Reimbursement by counties for all necessary and reasonable expenses incurred by county law enforcement personnel while on official business shall be made, including mileage reimbursement for such personnel for whom motor vehicles are not furnished; such reimbursement may not be i…
SDCL § 7-12-16 Repealed by SL 1985, ch 15 , § 3
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7-12-17 Mileage and food allowances unaffected by salary provisions--Deduction for housing furnished by county. 7-12-18 Fees--Amounts--Exceptions--Law enforcement purposes. 7-12-18.1 Uncollectable fees removed as assets of county. 7-12-19
SDCL § 7-12-17 Mileage and food allowances unaffected by salary provisions--Deduction for housing furnished by county
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Section 7-12-15 may not be construed to change the reimbursement of the sheriff for costs of mileage incurred while on official business or to change the fee received by the sheriff for the costs of food for boarding of prisoners. If housing and utilities are furnished by a count…
SDCL § 7-12-18 Fees--Amounts--Exceptions--Law enforcement purposes
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The sheriff shall charge and remit the following: (1) For serving an order of arrest with commitment or bail bond and return, twenty-five dollars; (2) For any summons, complaint, warrant of attachment, affidavit, notice and undertaking in claim and delivery, injunction, order to …
SDCL § 7-12-18.1 Uncollectable fees removed as assets of county
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Any fee that is charged by a sheriff and is outstanding for three or more years which the sheriff determines is uncollectable may, with the majority approval of the board of county commissioners, be removed as an asset of the county. Source: SL 1987, ch 70 . 7-12-19. Repealed by …
SDCL § 7-12-19 Repealed by SL 1981, ch 44 , § 9
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7-12-19.1 Fees paid to sheriff--Remittance to county treasurer. 7-12-20 Endorsement of fees for service of process for state--Fees not required of county. 7-12-21 Reimbursement of travel expense outside county. 7-12-22 Prisoner transportation expenses--State reimbursement. 7-12-2…
SDCL § 7-12-19.1 Fees paid to sheriff--Remittance to county treasurer
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Any person who is charged any fee and traveling expenses by a sheriff shall make payment to the county sheriff including, but not limited to, the fees provided in §
SDCL § 7-12-2 Office at county seat--Service and posting of notices
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The sheriff shall keep the office at the county seat, serve or post all notices received from the county auditor or the board of county commissioners, and perform other duties as prescribed by law. Source: SL 1874-5, ch 27 , § 69; PolC 1877, ch 21, § 66; CL 1887, § 662; RPolC 190…
SDCL § 7-12-20 Endorsement of fees for service of process for state--Fees not required of county
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If any sheriff or other officer serves any summons, subpoena, bench warrant, venire, or other process in any action to which the state is a party, the officer shall endorse upon the writ or process or upon a paper attached thereto, at the time of the return of service thereon, a …
SDCL § 7-12-21 Reimbursement of travel expense outside county
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For all necessary expenses incurred as a result of official travel outside the county, not specifically provided for in § 7-12-18 , reimbursement shall be made by the board of county commissioners upon presentation of properly itemized vouchers. Source: SDC 1939, § 12.1007 as add…
SDCL § 7-12-22 Prisoner transportation expenses--State reimbursement
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The county shall pay all necessary expenses, including travel, incurred in the transportation of adult and juvenile prisoners to state correctional institutions. The county may be reimbursed by the state from funds appropriated for such purpose. Source: SDC 1939, § 12.1007; SL 19…
SDCL § 7-12-23 Reimbursement for taking prisoner before judge
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If any person accused of a public offense is taken before a judge in chambers for the purpose of entering a plea of guilty and receives a state incarceration sentence, the county where the alleged offense was committed shall reimburse the sheriff pursuant to §§ 7-12-21 and
SDCL § 7-12-24 Prisoner transportation allowances not considered fees for salary purposes
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Reimbursement for expenses paid to the sheriff under §§ 7-12-21 and 7-12-22 may not be considered fees within the meaning of §§ 7-12-15 to 7-12-17 , inclusive. Source: SDC 1939, § 12.1007 as added by SL 1963, ch 40 , § 3; SL 1968, ch 12 .
SDCL § 7-12-25 Fees deposited in general fund
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The sheriff is hereby authorized and directed to remit to the county treasurer all fees collected for deposit in the county general fund. Source: SL 1917, ch 190 , § 1; RC 1919, § 5966; SDC 1939, § 12.1010; SL 1951, ch 23 , § 1; SL 1963, ch 40 , § 5.
SDCL § 7-12-25.1 Fees deposited in joint law enforcement fund if joint commission exists in county
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Notwithstanding § 7-12-25 , all fees and travel expenses charged by the sheriff under the provisions of § 7-12-18 shall be deposited in a fund known as the "joint law enforcement fund," for use only by the joint municipal - county law enforcement commission if such commission exi…
SDCL § 7-12-26 County payment of judgments against sheriff and deputies
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All judgments rendered against the sheriff, deputies, and clerks by reason of any official duties performed by the sheriff, deputies, and clerks shall be paid by the board of county commissioners. Source: SL 1917, ch 190 , § 1; RC 1919, § 5966; SDC 1939, § 12.1010; SL 1951, ch 23…
SDCL § 7-12-26.1 Purchase of liability insurance for sheriff, deputies, and employees
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Each board of county commissioners may purchase and pay premiums on insurance covering and insuring the sheriff and each deputy and employee of the sheriff. The insurance shall insure against personal liability as a result of errors and omissions in the performance of official du…
SDCL § 7-12-27 Reimbursement of sheriff and deputies paid from county general fund
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All claims for reimbursement of the sheriff, deputies, and clerks arising from official duties of such county officials, as provided by law, shall be paid from the general fund of the county by the board of county commissioners. Source: SL 1917, ch 190 , § 1; RC 1919, § 5966; SDC…
SDCL § 7-12-28 Failure to perform duty or account for fees as misdemeanor
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Every sheriff who intentionally fails or refuses to perform any official duty for which a fee is prescribed by law, or who fails or refuses to render a full and true report to the county of all fees charged by his office, is guilty of a Class 1 misdemeanor. Source: SL 1917, ch 19…
SDCL § 7-12-29 Taking and holding animal suspected of being dangerous--Formal determination--Disposal of dangerous animal
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The sheriff may take possession of any animal suspected of being dangerous. The sheriff may hold such animal until a formal determination can be made of the extent of the danger such animal poses. If the animal has attacked or bitten a human or an animal pet, the formal determina…
SDCL § 7-12-3 Attendance on courts and county commissioners
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The sheriff shall attend the sessions of the circuit court and the sessions of the board of county commissioners when required by the board to attend. Source: SL 1874-5, ch 27 , § 68; PolC 1877, ch 21, § 65; CL 1887, § 661; RPolC 1903, § 896; RC 1919, § 5956; SDC 1939, § 12.1001;…
SDCL § 7-12-4 Compliance with attorney general's orders--Enforcement of laws
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The sheriff shall comply with all orders of the attorney general and at all times, whether on duty under the call of the attorney general or not. The sheriff shall faithfully execute and enforce all the laws of this state and especially all laws relating to alcoholic beverages. S…
SDCL § 7-12-5 Information furnished to attorney general and state's attorney--Assistance in prosecution of offenses
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The sheriff shall furnish to the attorney general from time to time any information regarding conditions in the county that may be required. The sheriff shall pursue all violations of the criminal laws of this state, notify the state's attorney of violations, collect preliminary …
SDCL § 7-12-6 Deputy sheriff to act on disqualification or incapacity of sheriff--Coroner to serve papers on sheriff
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If the sheriff is sued, the coroner shall serve the papers on the sheriff. The return on all papers served by the coroner has the same credit as the sheriff's return. The coroner shall receive the same fees as the sheriff receives for like services. If the sheriff is disqualified…
SDCL § 7-12-7 Designation of circuit court commissioner to act in absence, inability, or disqualification of sheriff and coroner
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When both the sheriff and the coroner are absent, disqualified, or otherwise incapacitated, the circuit court in the circuit in which the county is located may, by order, designate any voter as a commissioner of the court to perform the duties required from a sheriff or coroner i…
SDCL § 7-12-8 Repealed by SL 1985, ch 15 , § 3
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7-12-9 Deputies, jailers, and clerks authorized by county commissioners--Compensation. 7-12-10 Appointment and removal of deputies, jailers, and clerks--Oath and bond. 7-12-10.1 Civil service system for deputies in large county--Features of system--Repeal or modification. 7-12-11…
SDCL § 7-12-9 Deputies, jailers, and clerks authorized by county commissioners--Compensation
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If in the judgment of the board of county commissioners, it shall be necessary for the prompt dispatch of business in the office of the sheriff that one or more deputies, jailers or clerks be appointed therein, the board shall by resolution fix the number of such deputies, jailer…