South Dakota Codified Laws
Chapter 24A - Interstate Agreement On Detainers
Section 23-24A-22 - Dismissal of accusation on failure to accept custody or try case--Detainer void.

23-24A-22. Dismissal of accusation on failure to accept custody or try case--Detainer void.
If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in §23-24A-3 or 23-24A-14, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.

Source: SL 1972, ch 150, §17.

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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.