South Dakota Codified Laws
Chapter 24 - Extradition Proceedings
Section 23-24-21 - Persons under criminal prosecution in this state at time of requisition.

23-24-21. Persons under criminal prosecution in this state at time of requisition.
If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the Governor, in his discretion, either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state.

Source: SDC 1939, §34.1718; SL 1953, ch 200, §19.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23 - Law Enforcement

Chapter 24 - Extradition Proceedings

Section 23-24-1 - Definition of terms.

Section 23-24-2 - Fugitives from other states--Governor to cause arrest and delivery.

Section 23-24-3 - Form of demand for extradition to another state.

Section 23-24-4 - Investigation by Governor.

Section 23-24-5 - Agreement for return of fugitive to this state after trial or sentence in another state.

Section 23-24-6 - Fugitive from another state who departed therefrom involuntarily.

Section 23-24-7 - Fugitive from another state who was absent therefrom at the time of the commission of the crime.

Section 23-24-8 - Governor's warrant of arrest--Issuance--Recitals.

Section 23-24-9 - Manner and place of execution.

Section 23-24-10 - Authority of arresting officer.

Section 23-24-11 - Rights of accused person before delivery to agent for extradition--Violation as misdemeanor.

Section 23-24-12 - Application for habeas corpus to test legality of arrest.

Section 23-24-13 - Confinement in jail when necessary.

Section 23-24-14 - Taking prisoner from another state to demanding state through this state--Confinement in jail.

Section 23-24-15 - Arrest prior to requisition.

Section 23-24-16 - Arrest without a warrant.

Section 23-24-17 - Commitment to await requisition.

Section 23-24-18 - Bail pending proceedings--Conditions of bond.

Section 23-24-19 - Failure to arrest under Governor's warrant within specified time--Discharge or recommitment--New bail.

Section 23-24-20 - Forfeiture of bail.

Section 23-24-21 - Persons under criminal prosecution in this state at time of requisition.

Section 23-24-22 - Identifying prisoner as the person charged with the crime--No other inquiry concerning guilt.

Section 23-24-23 - Governor may recall warrant or issue alias.

Section 23-24-24 - Written waiver of extradition proceedings.

Section 23-24-25 - Consent to return to demanding state--Execution--Filing--Effect.

Section 23-24-26 - Voluntary return without formality.

Section 23-24-27 - Nonwaiver by this state.

Section 23-24-28 - Fugitives from this state--Governor to issue warrant.

Section 23-24-29 - Application for Governor's requisition from another state--Person charged with crime--Contents--Certification by prosecuting attorney.

Section 23-24-30 - Person convicted of escaping or violating bail, probation or parole--Application for requisition, by whom made, contents.

Section 23-24-31 - Application for Governor's requisition--Verification--Accompanying documents.

Section 23-24-32 - Disposition of copies of application and accompanying documents.

Section 23-24-33 - Immunity from civil process.

Section 23-24-34 - No immunity as to prosecution for other crimes.

Section 23-24-35 - Compensation in extradition cases--Authorization by Governor required--Unauthorized asking or receiving as misdemeanor--Officer defined.

Section 23-24-36 - Custody and restraint of person in South Dakota by agent of foreign state.

Section 23-24-37 - Uniformity of interpretation.

Section 23-24-38 - Severability of provisions.

Section 23-24-39 - Citation of uniform provision.