23-24B-8. Temporary detention of fugitive being transported--Expense.
The law enforcement officer or person executing the judge's warrant of arrest, or the agent of the demanding tribe to whom the prisoner may have been delivered may, if necessary, confine the prisoner in the jail of any county or first or second class municipality through which the prisoner may pass. The person in charge of the jail shall receive and safely keep the prisoner until the law enforcement officer or person having charge of the prisoner is ready to proceed on the route. The governmental unit which employs the law enforcement officer or person having custody of the prisoner shall be charged with the expense of keeping the prisoner, unless reimbursement is otherwise provided pursuant to an agreement between the tribe and governmental unit.
Source: SL 1978, ch 172, §8; SL 1992, ch 60, §2; SL 2018, ch 142, §3.
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.