South Dakota Codified Laws
Chapter 24A - Interstate Agreement On Detainers
Section 23-24A-16 - Right of prisoner to contest legality of delivery.

23-24A-16. Right of prisoner to contest legality of delivery.
Nothing contained in §23-24A-12, 23-24A-13, or 23-24A-14 shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in §23-24A-12, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

Source: SL 1972, ch 150, §13.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23 - Law Enforcement

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-3 - Notice by prisoner of place of imprisonment and request for final disposition--Time for trial--Continuance.

Section 23-24A-4 - Prisoner to be informed of detainer and right to final disposition.

Section 23-24A-5 - Prisoner's notice and request delivered to custodial officer--Forwarding to prosecuting officials.

Section 23-24A-6 - Certificate of custodial official to accompany prisoner's request for final disposition--Contents.

Section 23-24A-7 - Notice by custodial officer to prosecuting officers and courts of prisoner's request for final disposition.

Section 23-24A-8 - Request for final disposition as waiver of extradition--Consent to court appearance--Concurrent sentence.

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-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.

Section 23-24A-13 - Custodial officer's certificate as to terms of imprisonment--Contents--Notice to other agencies in requesting state.

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-17 - Delivery of temporary custody by sending state--Offer to accompany prisoner's request for final disposition--Federal prisoner.

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-24 - Prisoner deemed in custody and jurisdiction of sending state--Escape from temporary custody.

Section 23-24A-25 - Responsibilities of receiving state--Supplementary agreement for allocation of costs and responsibilities--Internal relationships in state not altered.

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-31 - Attorney general as central administrator or information agent--Rules and regulations subject to administrative procedure law.

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.