Title 23A — CRIMINAL PROCEDURE

Any forfeiture proceeding is a civil action against the property seized and the standard of proof shall be preponderance of the evidence. Source: SL 2016, ch 138 , § 13.

If property described in subdivisions 34-20B-70(2), (3), (5), (6), and (7) or 22-24A-15(2), (3), (5), (6), and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court for the county in which the property was seized or…

If a person as described in §§ 23A-49-14 and 23A-49-15 is released on bail as provided by chapter 23A-43 , a summons and complaint for forfeiture of the property may be served by mailing the summons and complaint by certified mail, no return receipt required, to the address left …

Within thirty days after the service of the notice pursuant to § 23A-49-14 or 23A-49-15 , the owner of the seized property and any other party in interest or claimant may file a verified answer to the claims described in the complaint instituting the forfeiture proceedings. Sourc…

If at the end of thirty days after the notice has been served there is no verified answer on file and no claimant has appeared to defend the complaint, the court shall order the disposition of the seized property as requested in the complaint. Source: SL 2016, ch 138 , § 18.

If a verified answer is filed, the forfeiture proceedings shall be set for a trial on a day not more than one hundred eighty days from the date of the filing. Any party may demand a trial by jury for the forfeiture proceedings pursuant to § 15-6-38(b). At the trial, the state sha…

Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this chapter, unless it appears that the owner or other per…

If property is forfeited under this chapter, the attorney general may: (1) Retain the property for official use; (2) Sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be disposed of for paym…

For any property seized or forfeited under this chapter, a law enforcement agency shall issue a report to the attorney general within a time specified and in a form prescribed by the attorney general, containing information about the property seized or forfeited as listed in § 23…

The attorney general shall establish and maintain a searchable public website or electronic spreadsheet that includes the following information about each property seized and forfeited: (1) Name of the law enforcement agency that seized the property or, if seized by a multijurisd…

The attorney general, no more than 120 days after the close of the fiscal year, shall post on a searchable public website a report containing an itemized list of each property seized and forfeited for the preceding fiscal year as provided in §

The attorney general may use forfeiture proceeds to pay the costs of compiling and reporting data under §§ 23A-49-21 to 23A-49-25 , inclusive. Source: SL 2022, ch 76 , § 4.

The attorney general shall promulgate rules, in accordance with chapter 1-26 establishing: (1) The form for law enforcement agencies to file a report with the attorney general; (2) The deadline by which law enforcement must report under § 23A-49-21 ; (3) Procedures necessary to f…

Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act or omission established by the owner of the conveyance to have been committed or omitted by any person other than …

Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act committed or omitted by a person other than an owner of the conveyance unless the owner knew or in the exercise of…

To the extent of the interest of an owner, a thing of value is not subject to forfeiture under this chapter by reason of any act or omission that is established by the owner of the item to have been committed or omitted without the owner's knowledge or consent. Source: SL 2016, c…

Any victim of a crime as described in the provisions of §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, and 43-43B-1 to 43-43B-3 , inclusive, is protected against loss of property through forfeiture by victim immunity as described in §

Any property subject to forfeiture under this chapter may be seized by any law enforcement officer or designated agent of the Division of Criminal Investigation upon process issued by any court having jurisdiction over the property. Source: SL 2016, ch 138 , § 7.

The seizure of any property subject to forfeiture under this chapter may be made without process issued under § 23A-49-7 if: (1) The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant; (2) The propert…

If a seizure pursuant to § 23A-49-7 or subdivisions 23A-49-8(1), (3), or (4) occurs, the attorney general shall institute, within sixty days of the seizure, the proceedings pursuant to § 23A-49-14 or

Terms used in this chapter and § 23A-46-1 mean: (1) "Mental health response team," a support team tasked with finding viable community resources to help persons with severe mental illness involved in the court system; (2) "Psychiatric certification," a credential obtained by pass…

The Supreme Court may establish rules, pursuant to § 16-3-1 , regarding procedures for court-appointed defense attorney training on mental illness. Source: SL 2017, ch 109 , § 26, eff. July 1, 2018.

The Department of Social Services shall annually compile a list of services available through the community mental health system and eligibility criteria for each service to distribute to judges, court services officers, and jails. The department shall coordinate with the Unified…

Source: SL 2017, ch 109 , § 33, eff. Mar. 15, 2017; SL 2023, ch 79 , § 9.

Source: SL 2017, ch 109 , § 34, eff. Mar. 15, 2017; SL 2023, ch 79 , § 10.

Source: SL 2017, ch 109 , § 35, eff. Mar. 15, 2017; SL 2023, ch 79 , § 11.

Source: SL 2017, ch 109 , § 7; SL 2023, ch 79 , § 3.

Source: SL 2017, ch 109 , § 13; SL 2023, ch 79 , § 4.

Source: SL 2017, ch 109 , § 14, eff. July 1, 2018; SL 2023, ch 79 , § 5.

The Association of County Commissioners, formed pursuant to § 7-7-28 , may create and administer a fund for the purpose of assisting counties with the cost of competency evaluations for defendants for whom an evaluation has been ordered by the court. The Department of Social Serv…

The presiding judge of each judicial circuit may appoint one or more mental health response teams. Each team appointed must include a court services officer for the jurisdiction where the team is to operate, a mental health provider, and a member of law enforcement, and may also …

The mental health response team may establish a process for identifying eligible persons through assessment; a documented process for referral to treatment; a team approach to the development and modification of individualized treatment plans and ongoing coordination to ensure pl…

Source: SL 2017, ch 109 , § 23; SL 2023, ch 79 , § 8.

The Supreme Court may establish rules, pursuant to § 16-3-1 , regarding formation of a mental health response team and the procedures to be followed by the team. Source: SL 2017, ch 109 , § 24.

The terms used in this chapter mean: (1) "Attorney," a person licensed to practice law in this state as provided in chapter 16-16 , with active membership and in good standing of the State Bar of South Dakota; (2) "Chief defender," the attorney appointed by the commission to head…

The chief defender must be an attorney with the following qualifications: (1) Experience in indigent representation services in criminal cases; (2) Commitment to ensuring effective assistance of counsel to all the indigent people of the state; and (3) Demonstrated experience or p…

The chief defender may: (1) Hire or contract for attorney, professional, technical, and support personnel; (2) Establish an administrative office within the Office of Indigent Legal Services; (3) Exercise supervisory authority over all employees of the office; (4) Assist the comm…

The Commission on Indigent Legal Services and Office of Indigent Legal Services is attached to the Unified Judicial System for budgetary purposes only. Source: SL 2024, ch 95 , § 12, eff. Mar. 18, 2024.

The Commission on Indigent Legal Services is subject to chapter 1-26 . The commission shall serve a copy of a proposed rule and any publication described in § 1-26 -6.6 upon the chair of the commission to which it is attached for the chair's written approval to proceed. After rec…

The Office of Indigent Legal Services may enter into joint powers agreements pursuant to chapter 1-24 with state agencies for administrative support, accounting, payroll, and personnel services. Source: SL 2024, ch 95 , § 14, eff. Mar. 18, 2024.

There is hereby created the Commission on Indigent Legal Services. The commission shall oversee indigent representation services in South Dakota to ensure the effective assistance of counsel where there is a right to counsel under state or federal law. Source: SL 2024, ch 95 , § …

The Commission on Indigent Legal Services consists of nine members appointed as follows: (1) Three members, not less than two of which are attorneys licensed in South Dakota, appointed by the Governor, that have significant experience in criminal proceedings or a demonstrated com…

The commission may remove a member for good cause by a two-thirds vote of the commission. The appointing authority that made the initial appointment shall appoint a member to fill the vacancy for the length of the unexpired term. Source: SL 2024, ch 95 , § 4, eff. Mar. 18, 2024.

No commission member may receive compensation for services on the commission. A member shall receive per diem as provided by § 4-7-10.4 and travel expenses for attending commission meetings. Source: SL 2024, ch 95 , § 5, eff. Mar. 18, 2024.

The commission shall oversee indigent representation services to ensure effective assistance of counsel in the state court system where there is a right to counsel under state or federal law. The commission shall: (1) Appoint a chief defender to head the Office of Indigent Legal …

There is hereby created the Office of Indigent Legal Services. The office shall provide indigent representation services and shall oversee indigent representation services in the state courts to ensure the effective assistance of counsel where there is a right to counsel under st…

The Office of Indigent Legal Services shall provide statewide indigent representation services in direct appeals in criminal cases, habeas corpus appeals, and abuse or neglect of a child appeal cases. The office may expand its scope of indigent representation services to include …

The commission shall appoint a chief defender by a majority vote. The chief defender shall head and maintain the Office of Indigent Legal Services. The chief defender shall serve for a term of four years. The commission may reappoint the chief defender to successive terms of four…