21-27-9.2. Production of applicant--Payment of expenses--Applicant in state hospital or penitentiary.
The officer or person upon whom the writ of habeas corpus is served shall produce the body of the applicant before the court at the hearing of the cause of imprisonment or detainer. If the applicant is in the custody of a civil officer, the court or judge who granted the writ shall determine the expense of bringing the applicant to court, which shall be paid prior to the hearing. Security shall be given to pay the charges for carrying him back, if he is remanded. If the applicant is confined in the state penitentiary or state hospital, an order shall be issued commanding the sheriff of the county in which the application is made to take custody of the applicant during the pendency of any proceedings before the court and to transport the applicant from and return the applicant to the state penitentiary or state hospital if he is not released.
Source: SL 1983, ch 169, §9; SL 1984, ch 161, §2.
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.