21-27-25. Order for temporary custody of person not held under judicial process--Security required of person granted custody.
Where a writ of habeas corpus is granted in proceedings involving the custody of a person not held under judicial process, the court shall have discretion to make a proper order concerning the temporary custody of such person pending final determination of the proceeding or pending appeal and may, as a condition of such order, require from the person granted such custody security, through bond or otherwise, for the production of such person at such time and place as the court orders, and for the safety and well-being of such person during such temporary custody.
Source: Supreme Court Rule 622, 1939; SDC 1939 & Supp 1960, ยง37.5508.
Structure South Dakota Codified Laws
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 21-27-3.1 - Time for application.
Section 21-27-3.3 - Two-year statute of limitation.
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 21-27-7 - 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 21-27-9.3 - Return to writ--Time for filing--Content.
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 21-27-14 - 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 21-27-18 - Admission to bail of applicant in custody under judicial process.
Section 21-27-19 - Admission to bail on grant of writ.
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 21-27-26 - Order remanding applicant to custody--Conclusive on second application for writ.