Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-43-1 (Rule 46(a)) Reserved 23A-43-2 Release of defendant on personal recognizance or unsecured bond--Exceptions
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23A-43-2.1 Defendants charged with offense punishable by death. 23A-43-3 Additional conditions of release imposed when necessary to assure appearance for trial. 23A-43-3.1 Report of noncompliance with mental health treatment. 23A-43-3.2 Rules regarding noncompliance with mental h…
SDCL § 23A-43-10 Review by another magistrate when committing magistrate unavailable
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If the magistrate or court that imposed the conditions of release is not available for review pursuant to § 23A-43-8 or 23A-43-9 , any other committing magistrate or court in the circuit may review such conditions. Source: SL 1978, ch 178 , § 511.
SDCL § 23A-43-11 Continuation of conditions to insure subjection to another court where charges pending--Transmittal of papers to other jurisdiction
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If at any time during the course of a prosecution it appears that a defendant who has been conditionally released is not subject to the jurisdiction of the court imposing such conditions, and it appears that he is subject to prosecution in another court, the committing magistrate…
SDCL § 23A-43-12 Information considered in bail proceedings need not conform to rules of evidence
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Information stated in, or offered in connection with, any order entered pursuant to §§ 23A-43-1 to 23A-43-13 , inclusive, need not conform to the rules pertaining to the admissibility of evidence in a court of law. Source: SL 1978, ch 178 , § 513.
SDCL § 23A-43-13 Disposition of cases by forfeiture of collateral not prohibited
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Nothing contained in §§ 23A-43-1 to 23A-43-12 , inclusive, shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security where such disposition is authorized by the court. Source: SL 1978, ch 178 , § 514.
SDCL § 23A-43-14 Motion for amendment by circuit judge of conditions of release
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A defendant who is detained, or whose release on a condition requiring him to return to custody after specified hours is continued, after review of his application pursuant to § 23A-43-7 , 23A-43-8 , 23A-43-9 , or 23A-43-10 by a committing magistrate, other than a judge of the co…
SDCL § 23A-43-15 Appeal to Supreme Court for amendment of conditions of release--Disposition by court
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In any case in which a defendant is detained after a court denies a motion under § 23A-43-14 to amend an order imposing conditions of release, or after conditions of release have been imposed or amended by a judge of the court having original jurisdiction over the offense charged…
SDCL § 23A-43-16 Release pending judgment or appeal--Criteria considered--Right to judicial review of conditions
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On motion of a defendant who has been convicted of an offense, the court in which the conviction was had may release the defendant prior to the entry of judgment, pending the expiration of time for filing notice of appeal, and pending the outcome of the appeal. The court in deter…
SDCL § 23A-43-17 (Rule 46(c)) Burden of proof as to risk of flight or danger
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On a motion pursuant to § 23A-43-16 , the burden of establishing that a defendant will not flee or pose a danger to any other person or to the community rests with the defendant. Source: SL 1978, ch 178 , § 518; SL 1985, ch 200 , § 3.
SDCL § 23A-43-18 Conditions of release imposed on material witness--Release after deposition taken
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If it appears by affidavit that the testimony of a person is material in any criminal proceeding, and if it is shown that it may become impracticable to secure his presence by subpoena, a committing magistrate or court shall impose conditions of release upon him pursuant to §§ 23…
SDCL § 23A-43-19 Order for commitment or better security from person about to abscond--Order of arrest
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When proof is made to any committing magistrate that a person previously released on the execution of an appearance bail bond with one or more sureties is about to abscond, and that his bail is insufficient, the committing magistrate shall require such person to give better secur…
SDCL § 23A-43-2 Release of defendant on personal recognizance or unsecured bond--Exceptions
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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 o…
SDCL § 23A-43-2.1 Defendants charged with offense punishable by death
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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 …
SDCL § 23A-43-20 (Rule 46(d)) Justification by sureties--Findings as to financial responsibility--Attorney not to be surety
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Every surety, except a corporate surety authorized by chapter 58-21 , shall justify by affidavit and may be required to describe in the affidavit the property by which he proposes to justify and the encumbrances on it, the number and amount of other bonds and undertakings for bai…
SDCL § 23A-43-21 (Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition--Warrant for arrest
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Upon a showing that there has been a material breach of a condition of release without good cause, the court shall declare a forfeiture of the bond, if any, and shall enter an order revoking the conditions of release. If the defendant is not in custody, the court shall direct the…
SDCL § 23A-43-22 (Rule 46(e)(2)) Setting aside forfeiture of bail
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A court may direct that a forfeiture be set aside, upon such conditions as it may impose, if it appears that justice does not require enforcement of the forfeiture. Source: CCrimP 1877, § 559; CL 1887, § 7611; RCCrimP 1903, § 592; RC 1919, § 4602; SDC 1939 & Supp 1960, § 34.1809;…
SDCL § 23A-43-23 (Rule 46(e)(3)) Default judgment on forfeiture--Enforcement of liability on motion--Notice of motion
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When a forfeiture has not been set aside, a court shall on motion enter a judgment of default, and execution may issue thereon. By entering into a bond the obligors submit themselves to the jurisdiction of the circuit court and irrevocably appoint the clerk of the court of the co…
SDCL § 23A-43-24 (Rule 46(e)(4)) Remission of bond after entry of judgment
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After entry of such judgment, a court may remit the bond in whole or in part under such conditions as it may impose, if it appears that justice does not require the enforcement of the forfeiture. Source: SL 1978, ch 178 , § 526.
SDCL § 23A-43-25 Proceeding against bail after forfeiture of undertaking--Payment into county treasury of money deposit forfeited--Bonds for traffic or other misdemeanor violations excluded
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After the forfeiture of recognizance, bond or undertaking of bail, including an appearance bond, the prosecuting attorney shall proceed, with all due diligence, by action against the bail upon the instrument so forfeited. If money deposited instead of bail, including an appearanc…
SDCL § 23A-43-25.1 Reinstated bond or undertaking paid to officer with whom originally deposited
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Upon order of the court for the reinstatement of bond or undertaking of bail, previously forfeited, the county treasurer shall pay to the clerk of court or other officer with whom it was originally deposited such bond or undertaking of bail. Source: SL 1978, ch 173 , § 2; SDCL Su…
SDCL § 23A-43-26 (Rule 46(f)) Exoneration of obligors and release of bail--Cash deposit or surrender of defendant exonerating
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When the condition of a bond has been satisfied or the forfeiture of a bond has been set aside or remitted, a court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defenda…
SDCL § 23A-43-27 Exoneration of bail on commitment under sentence
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When a defendant is committed pursuant to § 23A-26-12 , the court shall exonerate his bail pursuant to §
SDCL § 23A-43-28 Exoneration of bail on commitment as mentally ill
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If a defendant is committed as mentally ill, the court shall exonerate his bail pursuant to §
SDCL § 23A-43-29 Arrest of defendant by surety on violation of conditions--Recommitment and discharge of surety
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Any defendant who is released on the execution of an appearance bail bond with one or more sureties may, if he violates the conditions of his release, in vacation, be arrested by his surety, delivered to a law enforcement officer, and brought before any committing magistrate. At …
SDCL § 23A-43-3 Additional conditions of release imposed when necessary to assure appearance for trial
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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…
SDCL § 23A-43-3.1 Report of noncompliance with mental health treatment
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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. Sourc…
SDCL § 23A-43-3.2 Rules regarding noncompliance with mental health treatment
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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.
SDCL § 23A-43-30 (Rule 46(g)) Court supervision to eliminate unnecessary detention
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A court shall exercise supervision over the detention of defendants and witnesses pending trial for the purpose of eliminating all unnecessary detention. Source: SL 1978, ch 178 , § 531.
SDCL § 23A-43-31 Failure to appear after release as forfeiture of security--Felony or misdemeanor
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Any person who, having been released pursuant to this chapter, fails to appear before any court or judicial officer as required or fails to comply with the provisions of § 25-10-41 shall, subject to the provisions of this title, forfeit any security which was given or pledged for…
SDCL § 23A-43-32 Contempt powers of courts unimpaired
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Nothing in this chapter shall interfere with or prevent the exercise by any court of its power to punish for contempt. Source: SL 1978, ch 178 , § 532.
SDCL § 23A-43-4 Factors considered in determining conditions of release to be imposed
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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, th…
SDCL § 23A-43-5 (Rule 46(b)) Conditions of release and bond continued unless ordered increased--Statement of reasons for adding conditions
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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 hi…
SDCL § 23A-43-6 Order stating conditions of release--Advice to defendant as to results of violation
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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 conditio…
SDCL § 23A-43-7 Amendment of order to impose additional or different conditions of release--Review on inability of defendant to meet additional conditions
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A committing magistrate or court ordering the release of a defendant on any condition specified in § 23A-43-2 or 23A-43-3 may at any time amend his or its order to impose additional or different conditions of release. If, however, the imposition of such additional or different co…
SDCL § 23A-43-8 Review of conditions when defendant unable to meet conditions for release--Statement by magistrate of reasons for conditions
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A defendant for whom conditions of release are imposed and who after twenty - four hours from the time of the release hearing, continues to be detained as a result of his inability to meet the conditions of release, may, upon application, have the conditions reviewed by the commi…
SDCL § 23A-43-9 Review of conditions requiring return to custody after specified hours--Statement by magistrate of reasons for requirement
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A defendant who is ordered released on a condition which requires that he return to custody after specified hours shall, upon application, be entitled to a review by the committing magistrate or court that imposed the condition. Unless the requirement is removed and the person is…