Title 23 — LAW ENFORCEMENT

The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending is entitled to have a prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance…

Upon receipt of the officer's written request as provided in § 23-24A-12 , the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the t…

In respect of any proceeding made possible by §§ 23-24A-12 and 23-24A-13 , trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court h…

In determining the duration and expiration dates of the time periods provided in §§ 23-24A-3 and 23-24A-14 , the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the m…

Nothing contained in § 23-24A-12 , 23-24A-13 , or 23-24A-14 shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in § 23-24A-12 , but such delivery may not be opposed or denied on the ground that the executi…

In response to a request made under § 23-24A-3 or 23-24A-12 , the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information, or complaint is pending against such …

The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand: (1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given. (2) A duly certif…

It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers. Source: SL 1972, ch 150 , § 31.

Terms as used in this agreement mean: (1) "Appropriate court," with reference to the courts of this state, any court with criminal jurisdiction in the matter involved; (2) "Detainer," any written instrument lodged by an appropriate prosecuting authority having a lawful basis ther…

The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints which form the basis of the detainer or detainers or for prosecution on a…

Escape from custody while in another state pursuant to the agreement on detainers shall constitute an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to…

If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in § 23-…

During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the …

For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the sa…

From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations, or complaints are pending or in whic…

If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to § 23-24A-27 , such indictment, information or complaint shall not be of any further force or effect, and th…

At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state. Source: SL 1972, ch 150 , § 19.

No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill. Source: SL 1972, ch 150 , § 24.

Nothing in this chapter or in the agreement on detainers shall be construed to require the application of the habitual offenders law to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement. Source: SL 1972…

Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the ba…

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without t…

The attorney general shall serve as central administrator or information agent for the agreement on detainers. In promulgating rules and regulations under § 23-24A-30 , the attorney general shall do so pursuant to chapter 1-26 . Source: SL 1972, ch 150 , § 32.

All courts, departments, agencies, officers, and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.…

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the statu…

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party state or of the United…

The warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, info…

The written notice and request for final disposition referred to in § 23-24A-3 shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of him, who shall promptly forward it together with the certificate to the appropriat…

The request of the prisoner referred to in § 23-24A-3 shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served …

The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of th…

Any request for final disposition made by a prisoner pursuant to § 23-24A-3 shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of § 23-24A-10 , and a waiver of extradition to the receiving…

Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in § 23-24A-3 shall void the request. Source: SL 1972, ch 150 , § 9.

If any Indian charged with an offense by an Indian tribe is a fugitive from justice from such tribe and is found within the jurisdiction of this state, he may be extradited to the tribe from which he fled, pursuant to the provisions of this chapter. Source: SL 1976, ch 162 , § 1;…

A demand for extradition of a person charged with an offense by an Indian tribe in this state may be recognized by this state if a written request for extradition is received by the attorney general. The request shall state that the accused person was present on the demanding res…

If a criminal prosecution has been instituted under the laws of this state against a person demanded by a tribe for extradition, and the prosecution is still pending, the attorney general, in his discretion, may either commence extradition proceedings on tribal demand or hold him…

The attorney general shall submit the documents specified in § 23-24B-3 to any circuit court judge. If the judge decides that the extradition demand should be complied with, he shall issue a warrant of arrest directed to any law enforcement officer. Source: SL 1978, ch 172 , § 3.

Extradition proceedings under this chapter shall be conducted between the respective state circuit court presiding judge and Indian tribal court judge or magistrate involved in the request for extradition. Source: SL 1976, ch 162 , § 5.

The circuit court judge may call upon the attorney general to investigate the demand for extradition and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered. Source: SL 1978, ch 172 , § 4.

The guilt or innocence of an accused as to the crime of which he is charged may not be inquired into by a circuit court judge in any extradition proceeding except as it may be necessary to identify the person held as being the person charged with the crime. Source: SL 1978, ch 17…

The formal requirements of chapter 23-24 , relating to the Governor of the State of South Dakota, shall not apply to extradition proceedings under this chapter. Source: SL 1976, ch 162 , § 6.

No person arrested on the judge's warrant shall be delivered to an agent appointed by the demanding tribe to receive him until he is first taken before a committing magistrate in this state, who shall inform him of the demand for his surrender and of the crime with which he is ch…

The provisions of § 23-24-12 shall apply to all extradition requests made under this chapter for return of an Indian to an Indian tribal court. Source: SL 1976, ch 162 , § 4; SL 1978, ch 172 , § 6.

Formal extradition proceedings under this chapter may be waived if the person making the waiver, knowingly, and in the presence of a committing magistrate, signs a statement that he consents to his return to the demanding authority. However, before such waiver may be executed, th…

The law enforcement officer or person executing the judge's warrant of arrest, or the agent of the demanding tribe to whom the prisoner may have been delivered may, if necessary, confine the prisoner in the jail of any county or first or second class municipality through which th…

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…

This chapter may be cited as the Uniform Rendition of Accused Persons Act. Source: SL 1978, ch 174 , § 10.

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…

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…

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…

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 §

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.