23-24B-3. Written request required--Contents--Copy of arrest warrant and judgment--Sworn statement from reservation judicial officer.
A demand for extradition of a person charged with an offense by an Indian tribe in this state may be recognized by this state if a written request for extradition is received by the attorney general. The request shall state that the accused person was present on the demanding reservation at the time of the commission of the alleged crime and that thereafter the person fled from the reservation to avoid prosecution. The request shall be accompanied by:
(1)A copy of any arrest warrant issued for the person;
(2)A copy of any judgment of conviction or sentence imposed, if applicable; and
(3)A sworn statement from a reservation judicial officer that the person:
(a)Claimed has escaped or evaded confinement, or broken the terms of the person's probation, bail, or parole; and
(b)Has been charged with committing a specific offense under the laws of the tribe.
Source: SL 1976, ch 162, §3; SL 1978, ch 172, §2; SL 2018, ch 142, §2.
Structure South Dakota Codified Laws
Chapter 24B - Extradition Of Fugitive Indians
Section 23-24B-1 - Extradition to tribe of Indian fugitive found within state's jurisdiction.
Section 23-24B-3.1 - Extradition or prosecution of state charges against fugitive Indian.
Section 23-24B-3.2 - Submission of documents to circuit judge--Warrant of arrest.
Section 23-24B-4 - Proceedings conducted between circuit judge and tribal judge or magistrate.
Section 23-24B-4.1 - Investigation and report to judge by attorney general.
Section 23-24B-4.2 - Scope of circuit judge's inquiry.
Section 23-24B-5 - Governor's participation not required.
Section 23-24B-6 - Habeas corpus provisions applicable.
Section 23-24B-7 - Waiver of extradition--Advice as to rights.
Section 23-24B-8 - Temporary detention of fugitive being transported--Expense.