23-24B-5.1. Taking fugitive before magistrate--Advice as to rights--Violation as misdemeanor.
No person arrested on the judge's warrant shall be delivered to an agent appointed by the demanding tribe to receive him until he is first taken before a committing magistrate in this state, who shall inform him of the demand for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel. Any person violating this section is guilty of a Class 1 misdemeanor.
Source: SL 1978, ch 172, ยง5.
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.