23-24A-12. State's request for temporary custody and availability--Approval by court of requesting state--Time for action by Governor of sending state--Notice to prisoner.
The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with §23-24A-17 upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated: provided that the court having jurisdiction of such indictment, information, or complaint shall have duly approved, recorded, and transmitted the request: and provided further that there shall be a period of thirty days after receipt by the appropriate authorities before the request be honored, within which period the Governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner; and, the prisoner shall receive immediate notice of a request and shall be informed of his right to petition the Governor of the sending state to disapprove the request.
Source: SL 1972, ch 150, §10.
Structure South Dakota Codified Laws
Chapter 24A - Interstate Agreement On Detainers
Section 23-24A-1 - Findings, policy, and purpose of party states.
Section 23-24A-2 - Definition of terms.
Section 23-24A-4 - Prisoner to be informed of detainer and right to final disposition.
Section 23-24A-9 - Escape voids request for final disposition.
Section 23-24A-10 - Request for disposition includes all untried accusations.
Section 23-24A-11 - Dismissal of accusations not tried before return to place of imprisonment.
Section 23-24A-14 - Time for trial after return to requesting state--Continuance.
Section 23-24A-15 - Tolling of time periods for trial.
Section 23-24A-16 - Right of prisoner to contest legality of delivery.
Section 23-24A-18 - Documents required of officer accepting temporary custody.
Section 23-24A-19 - Duty of custodial officer to give over person of inmate.
Section 23-24A-20 - Limitation on purpose of temporary custody--Type of jail used for prisoner.
Section 23-24A-21 - Escape while in another state.
Section 23-24A-22 - Dismissal of accusation on failure to accept custody or try case--Detainer void.
Section 23-24A-23 - Running of sentence during temporary custody--Good time earned.
Section 23-24A-26 - Dismissal of accusation not tried before return to imprisonment.
Section 23-24A-27 - Return of prisoner to sending state.
Section 23-24A-28 - Mentally ill persons not covered.
Section 23-24A-29 - Habitual offenders law not covered.
Section 23-24A-30 - Designation of officer in party states to implement agreement.
Section 23-24A-32 - Enforcement and cooperation by state agencies and political subdivisions.
Section 23-24A-33 - Agreement in force on enactment into law--Withdrawal by party state.
Section 23-24A-34 - Liberal construction of agreement--Severability of provisions.