South Dakota Codified Laws
Chapter 27 - Habeas Corpus
Section 21-27-18 - Admission to bail of applicant in custody under judicial process.

21-27-18. Admission to bail of applicant in custody under judicial process.
Sections 21-27-19 to 21-27-24, inclusive, shall control the admission to bail where the application for the writ of habeas corpus is by or in behalf of a person in custody under judicial process.

Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, ยง37.5509.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 27 - Habeas Corpus

Section 21-27-1 - Right of person detained or imprisoned to apply for writ.

Section 21-27-1.1 - Penal institution disciplinary sanctions--Writ not available remedy.

Section 21-27-2 - Inquiry into delay in bringing criminal prosecution to trial--Powers of court on return of writ.

Section 21-27-3 - Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.

Section 21-27-3.1 - Time for application.

Section 21-27-3.3 - Two-year statute of limitation.

Section 21-27-4 - Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of counsel.

Section 21-27-5 - Writ awarded unless application shows no right to relief.

Section 21-27-5.1 - Second or subsequent application for writ--Leave to file--Dismissal.

Section 21-27-6 - Forfeiture by judge for refusal or delay in issuing writ--Liability for damages unimpaired.

Section 21-27-7 - Writ used to produce prisoners for testimony in criminal proceedings.

Section 21-27-8 - Signature and direction of writ--Endorsement by Habeas Corpus Act.

Section 21-27-9.1 - Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.

Section 21-27-9.2 - Production of applicant--Payment of expenses--Applicant in state hospital or penitentiary.

Section 21-27-9.3 - Return to writ--Time for filing--Content.

Section 21-27-10 - Contempt and forfeiture by sheriff or jailer for failure to return writ and produce applicant--Liability for damages unaffected.

Section 21-27-11 - Transfer or concealment of applicant to avoid writ as felony.

Section 21-27-12 - Day set for hearing of cause.

Section 21-27-13 - Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return.

Section 21-27-14 - Hearing and disposition of cause by judge.

Section 21-27-14.1 - Judge to hear application.

Section 21-27-15 - Judgment not inquired into on writ.

Section 21-27-16 - Causes for discharge of applicant committed on judicial process.

Section 21-27-17 - New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail.

Section 21-27-18 - Admission to bail of applicant in custody under judicial process.

Section 21-27-18.1 - Review by Supreme Court--Certificate of probable cause required--Motion for issuance of certificate--Appeal.

Section 21-27-19 - Admission to bail on grant of writ.

Section 21-27-20 - Supreme Court order required for admission to bail pending application for writ or pending appellate review.

Section 21-27-21 - Remand to custody or admission to bail pending review of order discharging writ.

Section 21-27-22 - Bail without surety pending review of order discharging prisoner.

Section 21-27-23 - Admission to bail by Supreme Court pending review.

Section 21-27-24 - Terms of bond given on admission to bail--Surety.

Section 21-27-25 - Order for temporary custody of person not held under judicial process--Security required of person granted custody.

Section 21-27-26 - Order remanding applicant to custody--Conclusive on second application for writ.

Section 21-27-27 - Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody.

Section 21-27-28 - Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.

Section 21-27-29 - Forfeiture for new arrest or detention after discharge on writ--Liability for damages unaffected.