23-24B-3.1. Extradition or prosecution of state charges against fugitive Indian.
If a criminal prosecution has been instituted under the laws of this state against a person demanded by a tribe for extradition, and the prosecution is still pending, the attorney general, in his discretion, may either commence extradition proceedings on tribal demand or hold him until he has been tried and discharged or convicted and punished in this state.
Source: SL 1978, ch 172, ยง9.
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.