South Dakota Codified Laws
Chapter 43 - Bail
Section 23A-43-4 - Factors considered in determining conditions of release to be imposed.

23A-43-4. Factors considered in determining conditions of release to be imposed.
In determining which conditions of release will reasonably assure appearance, a committing magistrate or court shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the defendant, the defendant's family ties, employment, financial resources, character and mental condition, the results of any mental health assessment, the length of the defendant's residence in the community, the defendant's record of convictions, the defendant's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings, and the risk that the defendant will flee or pose a danger to any person or to the community.

Source: SL 1978, ch 178, §509; SL 1980, ch 179, §3; SL 2017, ch 109, §12.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 43 - Bail

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 - Additional conditions of release imposed when necessary to assure appearance for trial.

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-43-5 - (Rule 46(b)) Conditions of release and bond continued unless ordered increased--Statement of reasons for adding conditions.

Section 23A-43-6 - Order stating conditions of release--Advice to defendant as to results of violation.

Section 23A-43-7 - Amendment of order to impose additional or different conditions of release--Review on inability of defendant to meet additional conditions.

Section 23A-43-8 - Review of conditions when defendant unable to meet conditions for release--Statement by magistrate of reasons for conditions.

Section 23A-43-9 - Review of conditions requiring return to custody after specified hours--Statement by magistrate of reasons for requirement.

Section 23A-43-10 - Review by another magistrate when committing magistrate unavailable.

Section 23A-43-11 - Continuation of conditions to insure subjection to another court where charges pending--Transmittal of papers to other jurisdiction.

Section 23A-43-12 - Information considered in bail proceedings need not conform to rules of evidence.

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-43-15 - Appeal to Supreme Court for amendment of conditions of release--Disposition by court.

Section 23A-43-16 - Release pending judgment or appeal--Criteria considered--Right to judicial review of conditions.

Section 23A-43-17 - (Rule 46(c)) Burden of proof as to risk of flight or danger.

Section 23A-43-18 - Conditions of release imposed on material witness--Release after deposition taken.

Section 23A-43-19 - Order for commitment or better security from person about to abscond--Order of arrest.

Section 23A-43-20 - (Rule 46(d)) Justification by sureties--Findings as to financial responsibility--Attorney not to be surety.

Section 23A-43-21 - (Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition--Warrant for arrest.

Section 23A-43-22 - (Rule 46(e)(2)) Setting aside forfeiture of bail.

Section 23A-43-23 - (Rule 46(e)(3)) Default judgment on forfeiture--Enforcement of liability on motion--Notice of motion.

Section 23A-43-24 - (Rule 46(e)(4)) Remission of bond after entry of judgment.

Section 23A-43-25 - Proceeding against bail after forfeiture of undertaking--Payment into county treasury of money deposit forfeited--Bonds for traffic or other misdemeanor violations excluded.

Section 23A-43-25.1 - Reinstated bond or undertaking paid to officer with whom originally deposited.

Section 23A-43-26 - (Rule 46(f)) Exoneration of obligors and release of bail--Cash deposit or surrender of defendant exonerating.

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-43-29 - Arrest of defendant by surety on violation of conditions--Recommitment and discharge of surety.

Section 23A-43-30 - (Rule 46(g)) Court supervision to eliminate unnecessary detention.

Section 23A-43-31 - Failure to appear after release as forfeiture of security--Felony or misdemeanor.

Section 23A-43-32 - Contempt powers of courts unimpaired.