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South Dakota statute

SDCL § 23A-43-2.1 — Defendants charged with offense punishable by death

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

Part of Chapter 43: Bail, South Dakota Codified Laws.

Full text of SDCL § 23A-43-2.1

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-43-2.1Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
A person who is charged with an offense punishable by death shall be treated in accordance with the provisions of § 23A-43-3, unless the committing magistrate has reason to believe that no one or more conditions of release will reasonably assure that the person will not flee or pose a danger to any other person or to the community. If such a risk of flight or danger is believed to exist, the person may be ordered detained.

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This reference is informational and is not legal advice.