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. - 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. - 23A-43-2.1. Defendants charged with offense punishable by death. A person...

Section 23A-43-3 - Additional conditions of release imposed when necessary to assure appearance for trial. - 23A-43-3. Additional conditions of release imposed when necessary to assure...

Section 23A-43-3.1 - Report of noncompliance with mental health treatment. - 23A-43-3.1. Report of noncompliance with mental health treatment. If a...

Section 23A-43-3.2 - Rules regarding noncompliance with mental health treatment. - 23A-43-3.2. Rules regarding noncompliance with mental health treatment. The Supreme...

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...

Section 23A-43-5 - (Rule 46(b)) Conditions of release and bond continued unless ordered increased--Statement of reasons for adding conditions. - 23A-43-5.(Rule 46(b)) Conditions of release and bond continued unless ordered...

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

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

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

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

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

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

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

Section 23A-43-13 - Disposition of cases by forfeiture of collateral not prohibited. - 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. - 23A-43-14. Motion for amendment by circuit judge of conditions of...

Section 23A-43-15 - Appeal to Supreme Court for amendment of conditions of release--Disposition by court. - 23A-43-15. Appeal to Supreme Court for amendment of conditions of...

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

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

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

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

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

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

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

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

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

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. - 23A-43-25. Proceeding against bail after forfeiture of undertaking--Payment into county...

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

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

Section 23A-43-27 - Exoneration of bail on commitment under sentence. - 23A-43-27. Exoneration of bail on commitment under sentence. When a...

Section 23A-43-28 - Exoneration of bail on commitment as mentally ill. - 23A-43-28. Exoneration of bail on commitment as mentally ill. If...

Section 23A-43-29 - Arrest of defendant by surety on violation of conditions--Recommitment and discharge of surety. - 23A-43-29. Arrest of defendant by surety on violation of conditions--Recommitment...

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

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

Section 23A-43-32 - Contempt powers of courts unimpaired. - 23A-43-32. Contempt powers of courts unimpaired. Nothing in this chapter...