Title 23 — LAW ENFORCEMENT
71 chapters · 403 sections in this title.
SDCL § 23-26A-1 Request by another state for arrest of accused who has violated terms of release--Documents filed with magistrate
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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 o…
SDCL § 23-26A-10 Citation of chapter
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This chapter may be cited as the Uniform Rendition of Accused Persons Act. Source: SL 1978, ch 174 , § 10.
SDCL § 23-26A-2 Warrant for arrest of accused person
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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 sh…
SDCL § 23-26A-3 Magistrate's direction to prosecuting attorney to investigate
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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…
SDCL § 23-26A-4 Arrested person taken before magistrate--Advice as to rights
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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 cou…
SDCL § 23-26A-5 Waiver of hearing by person arrested
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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 §
SDCL § 23-26A-6 Release of accused person pending hearing
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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.
SDCL § 23-26A-7 Hearing and order for return to other state--Findings required
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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 …
SDCL § 23-26A-8 Uniformity of construction
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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.
SDCL § 23-26A-9 Severability of provisions
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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 pr…