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South Dakota statute

SDCL § 23A-40-10 — Funds available from or on behalf of defendant--Order for reimbursement--Applicability--Credit against lien

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 40: (Rule 44) Counsel For Indigent Defendant, South Dakota Codified Laws.

Full text of SDCL § 23A-40-10

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 23A-40-10Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
If the court finds that funds are available for payment from or on behalf of a defendant to carry out, in whole or in part, the provisions of this chapter, the court may order that the funds be paid, as court costs or as a condition of probation, to the court for deposit with the state, county, or municipal treasurer, to be placed in the state, county, or municipal general fund or in the public defender fund in those counties establishing the office pursuant to subdivision 23A-40-7(1) as a reimbursement to the county or municipality to carry out the provisions of this section. The court may also order payment to be made in the form of installments or wage assignments, in amounts set by a judge of the circuit court or a magistrate judge, either during the time a charge is pending or after the disposition of the charge, regardless of whether the defendant has been acquitted or the case has been dismissed by the prosecution or by order of the court. The provisions of this section also apply to persons who have had counsel appointed under chapters 26-7A, 26-8A, 26-8B, and 26-8C. The reimbursement is a credit against any lien created by the provisions of this chapter against the property of the defendant.

Official sources

Legal terms used in this section

This reference is informational and is not legal advice.