Bail

  1. Law
  2. South Dakota Codified Laws
  3. Criminal Procedure
  4. Bail

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Section
23A-43-1

(Rule 46(a)) Reserved.

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-43-4.1

23A-43-4.2. Transferred.

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.