23A-43-16. Release pending judgment or appeal--Criteria considered--Right to judicial review of conditions.
On motion of a defendant who has been convicted of an offense, the court in which the conviction was had may release the defendant prior to the entry of judgment, pending the expiration of time for filing notice of appeal, and pending the outcome of the appeal. The court in determining the eligibility of the defendant for release shall consider the criteria as set forth in §23A-43-4, the risk that the defendant will flee or pose a danger to any person or to the community, and in the case of an appeal, whether the appeal is frivolous or taken for purposes of delay. If the court in its discretion determines that the defendant is eligible for release, the court shall release the defendant in accordance with §§23A-43-2 and 23A-43-3. If, however, the judgment imposes only a fine, conditional release under this section is a matter of right. The provisions of §§23A-43-14 and 23A-43-15 do not apply to persons described in this section; however, other rights to judicial review of conditions of release or orders of detention are not affected.
Source: SDC 1939 & Supp 1960, §34.1803; SDCL, §23-26-4; SL 1978, ch 178, §517; SL 1985, ch 200, §2.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Section 23A-43-2 - Release of defendant on personal recognizance or unsecured bond--Exceptions.
Section 23A-43-2.1 - Defendants charged with offense punishable by death.
Section 23A-43-3.1 - Report of noncompliance with mental health treatment.
Section 23A-43-3.2 - Rules regarding noncompliance with mental health treatment.
Section 23A-43-4 - Factors considered in determining conditions of release to be imposed.
Section 23A-43-10 - Review by another magistrate when committing magistrate unavailable.
Section 23A-43-13 - Disposition of cases by forfeiture of collateral not prohibited.
Section 23A-43-14 - Motion for amendment by circuit judge of conditions of release.
Section 23A-43-17 - (Rule 46(c)) Burden of proof as to risk of flight or danger.
Section 23A-43-22 - (Rule 46(e)(2)) Setting aside forfeiture of bail.
Section 23A-43-24 - (Rule 46(e)(4)) Remission of bond after entry of judgment.
Section 23A-43-25.1 - Reinstated bond or undertaking paid to officer with whom originally deposited.
Section 23A-43-27 - Exoneration of bail on commitment under sentence.
Section 23A-43-28 - Exoneration of bail on commitment as mentally ill.
Section 23A-43-30 - (Rule 46(g)) Court supervision to eliminate unnecessary detention.