Title 23A, CRIMINAL PROCEDURE

If a court directs an action to be dismissed, the defendant must, if in custody, be discharged, or if admitted to bail, his bail must be exonerated or money deposited instead of bail must be refunded to him. Source: SDC 1939 & Supp 1960, § 34.2203; SDCL, § 23-34-5; SL 1978, ch 17…

A dismissal under § 23A-44-2 , 23A-44-3 , or 23A-44-4 is not a bar to another prosecution for the same offense. Source: SDC 1939 & Supp 1960, § 34.2203; SDCL, § 23-34-6; SL 1978, ch 178 , § 538.

(1) Every person indicted, informed or complained against for any offense shall be brought to trial within one hundred eighty days , and such time shall be computed as provided in this section. (2) Such one hundred eighty day period shall commence to run from the date the defenda…

When an offense is in the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution thereof in another. Source: SDC 1939 & Supp 1960, § 34.0813; SDCL, § 23-2-13; SL 1978, ch 178 , § 539.

Written motions, other than those which are heard ex parte, written notices and similar papers shall be served upon each of the parties. Source: SL 1978, ch 178 , § 540.

Whenever under this title or by a court order, service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon an attorney or upon a party …

23A-44-11 (Rule 50(a)) Placement on calendars--Preference to criminal proceedings.

A criminal proceeding is one prosecuted by the state as a party, against a person charged with a criminal offense for the punishment thereof. A proceeding for the violation of an ordinance, bylaw, or police regulation is one prosecuted by a unit of local government as a party, ag…

Clerks of courts and such other personnel as are prescribed by rule shall keep such records in criminal proceedings as the Supreme Court may prescribe. Source: SL 1978, ch 178 , § 558.

A circuit court is always open for the purpose of filing any proper paper, of issuing and returning process, and of making motions and orders. A clerk's office with the clerk or a deputy in attendance shall be open for a reasonable time during business hours on all days except Sa…

A majority of the judges in each circuit court may make and amend rules governing practice not inconsistent with the rules contained in this chapter. Notice of the intent to adopt, amend or repeal any rule shall be given by filing a copy of the proposed rule, amendment or repeal …

If no procedure is specifically prescribed by statute or rule, a court may proceed in any lawful manner not inconsistent with this title or with any other applicable statute. Source: SL 1978, ch 178 , § 561.

The attorney general shall draw up forms to implement this title. The code commission shall publish such forms as an appendix to this title. Such forms shall be illustrative and not mandatory. Source: SL 1978, ch 178 , § 562.

This title may be known and cited as the South Dakota Code of Criminal Procedure. Sections of this title preceded by a rule number may be known and cited as the South Dakota Rules of Criminal Procedure. Source: SL 1978, ch 178 , § 564. 23A-45-A APPENDIX A. CIRCUIT COURT RULES (Se…

This title applies to all criminal proceedings and to all proceedings for the violation of an ordinance, bylaw, or police regulation of a unit of local government in this state before the circuit courts and the magistrate courts except in cases of those minor offenses triable und…

23A-45-7 (Rule 54(b)(5)) Proceedings to which title not applicable. 23A-45-8 Conflicts between title and other portions of code. 23A-45-9 Definition of terms. 23A-45-10 (Rule 55) Records kept as prescribed by Supreme Court. 23A-45-11 (Rule 56) Circuit court always open--Hours whe…

This title is not applicable to the following proceedings in the South Dakota Codified Laws: (1) Chapter 21-27 , habeas corpus; (2) Chapter 23-13 , prevention and investigation of crimes; (3) Chapter 23A-35A , interception of communications; (4) Chapter 23-14 , coroners' inquests…

Whenever any provision of the code is inconsistent or in conflict with this title or any part of it, the other statutory provision shall be reconciled and harmonized with this title as much as possible, and if such provision cannot be so harmonized and reconciled, then this title…

Terms used in this title mean: (1) "Class 1 misdemeanor," the same as the term is defined in § 22-6-2 ; (2) "Class 2 misdemeanor," the same as the term is defined in § 22-6-2 ; (3) "Committing magistrate," any of the following: (a) A justice of the Supreme Court; (b) A judge of t…

23A-45-A APPENDIX A. CIRCUIT COURT RULES (See § 23A-45-12) SECOND JUDICIAL CIRCUIT CRIMINAL RULES CR ONE. INITIAL APPEARANCE Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019. CR TWO. ARRAIGNMENT Source: SL 19…

A psychiatric or psychological examination ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, shall be conducted by: (1) A licensed or certified psychiatrist; (2) A licensed clini…

The licensing board of each professional listed in § 23A-46-1 shall maintain a list of each professional licensed under their authority qualified to conduct competency evaluations. The Department of Social Services shall maintain a list of those evaluators for use by the courts i…

If, after the hearing, the court finds by clear and convincing evidence that the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of anot…

When the director of the facility in which a person is hospitalized pursuant to § 23A-46-10 determines that the person has recovered from his mental disease or defect to such an extent that his release would no longer create a substantial risk of bodily injury to another person o…

The director of the medical facility responsible for administering the regimen imposed on a person conditionally discharged under § 23A-46-11 shall notify the prosecuting attorney and the court having jurisdiction over the person of any failure of the person to comply with the re…

If the administrator of the facility in which a person is hospitalized pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, certifies that the person, against whom all charges have been dis…

A psychiatric or psychological report ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive; 23A-26-12 to 23A-26-12.6 , inclusive; or 23A-27-42 to 23A-27-46 , inclusive, shall be prepared by the examiner designated to conduct the psychiatric or psychological e…

At a hearing ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, the person whose mental condition is the subject of the hearing shall be represented by counsel and, if he is finan…

The director of the facility in which a person is hospitalized pursuant to: (1) Section 23A-10-4 , shall prepare semiannual reports; or (2) Section 23A-26-12.1 , 23A-27-43 , or 23A-46-9 , shall prepare an annual report concerning the mental condition of the person and containing …

Upon written request of defense counsel, the court may order a video tape record made of the defendant's testimony or interview upon which the periodic report is based pursuant to § 23A-46-4 . Such video tape record shall be submitted to the court along with the periodic report. …

Nothing contained in § 23A-26-12 or 23A-46-10 precludes a person who is committed under either of such sections from establishing by writ of habeas corpus the illegality of his detention. Source: SL 1985, ch 192 , § 35.

Regardless of whether the director of the facility in which a person is hospitalized has filed a certificate as provided in this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, counsel for the person o…

If the director of a facility in which a person is hospitalized certifies that a person whose sentence is about to expire or who has been committed to the custody of the Human Services Center pursuant to § 23A-10A-4 , or against whom all criminal charges have been dismissed solel…

Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted and that a psychiatric or psychological report be filed with the court, pursuant to §§ 23A-46-1 and 23A-46-2 . The hearing shall be conducted pursuant t…

The Department of Corrections or the Unified Judicial System may place any adult offender with an outstanding court-ordered financial obligation into the administrative financial accountability system. Source: SL 2013, ch 101 , § 43, eff. Jan. 1, 2014.

A parolee, inmate, or probationer, who is discharged from supervision but has outstanding, court-ordered financial obligations, shall be managed by the administrative financial accountability system, as administered pursuant to § 23A-47-3 , in order to satisfy all court-ordered f…

The administrative financial accountability system shall be administered by the Unified Judicial System pursuant to § 23A-28-3 and shall monitor and track payments within the system. Source: SL 2013, ch 101 , § 45, eff. Jan. 1, 2014; SL 2015, ch 142 , § 2.

The Supreme Court shall promulgate rules for the collection of outstanding court-ordered financial obligations through the administrative financial accountability system. The rules shall include graduated responses to noncompliance and a policy for the termination or adjustment o…

Pursuant to rules established by the Supreme Court, any financial obligation from an order more than twenty-five years old, deemed uncollectible, or following the death of an offender may be terminated. Source: SL 2013, ch 101 , § 47, eff. Jan. 1, 2014.

Any court-ordered financial obligation due and owing in a criminal proceeding, habeas corpus or abuse and neglect case, must be terminated three years following notice of death of the party owing the court-ordered financial obligation unless the court orders otherwise upon motion…

Failure of any individual in this system to comply with the plan of restitution or plan for financial obligations as approved or modified by the court constitutes a violation of the conditions within this system. Without limitation, the court may modify the plan of restitution or…

The original sentencing court shall be the court of competent jurisdiction pursuant to § 23A-47-6 for contempt or review hearings, if necessary, as part of the financial accountability collections system. Source: SL 2013, ch 101 , § 49, eff. Jan. 1, 2014; SL 2015, ch 142 , § 5.

The Unified Judicial System shall semiannually report the implementation and outcomes of the administrative financial accountability system to the oversight council. Source: SL 2013, ch 101 , § 50, eff. Jan. 1, 2014.

Adult probation supervision shall use evidence-based practices and shall target the probationer's criminal risk and need factors with appropriate supervision and intervention, focusing resources on moderate-risk and high-risk offenders. Source: SL 2014, ch 256 (Supreme Court Rule…

Court services officers shall consider the risk the probationer poses to the community, the severity of any violation, prior history on probation, previous violations or sanctions, and the deterrent effect when imposing a sanction. The court services officer shall also employ pos…

In response to a violation of the conditions of probation the court services officer may: (1) Modify the conditions of community supervision for the limited purpose of imposing graduated sanctions. (2) Place a probationer who violates the terms of supervision in a local correctio…