South Dakota criminal code — chapter
Chapter 43: Bail
Chapter 43 of Title 23A: Criminal Procedure, South Dakota Codified Laws. Statutory text on each section page is current through the legislative session it names.
Sections of Chapter 43
- SDCL § 23A-43-1 — (Rule 46(a)) Reserved
- SDCL § 23A-43-2 — Release of defendant on personal recognizance or unsecured bond--Exceptions
- SDCL § 23A-43-2.1 — Defendants charged with offense punishable by death
- SDCL § 23A-43-3 — Additional conditions of release imposed when necessary to assure appearance for trial
- SDCL § 23A-43-3.1 — Report of noncompliance with mental health treatment
- SDCL § 23A-43-3.2 — Rules regarding noncompliance with mental health treatment
- SDCL § 23A-43-4 — Factors considered in determining conditions of release to be imposed
- SDCL § 23A-43-4.1 — 23A-43-4.1, 23A-43-4.2. Transferred to §§ 25-10-40, 25-10-41
- SDCL § 23A-43-5 — (Rule 46(b)) Conditions of release and bond continued unless ordered increased--Statement of reasons for adding conditions
- SDCL § 23A-43-6 — Order stating conditions of release--Advice to defendant as to results of violation
- SDCL § 23A-43-7 — Amendment of order to impose additional or different conditions of release--Review on inability of defendant to meet additional conditions
- SDCL § 23A-43-8 — Review of conditions when defendant unable to meet conditions for release--Statement by magistrate of reasons for conditions
- SDCL § 23A-43-9 — Review of conditions requiring return to custody after specified hours--Statement by magistrate of reasons for requirement
- SDCL § 23A-43-10 — Review by another magistrate when committing magistrate unavailable
- SDCL § 23A-43-11 — Continuation of conditions to insure subjection to another court where charges pending--Transmittal of papers to other jurisdiction
- SDCL § 23A-43-12 — Information considered in bail proceedings need not conform to rules of evidence
- SDCL § 23A-43-13 — Disposition of cases by forfeiture of collateral not prohibited
- SDCL § 23A-43-14 — Motion for amendment by circuit judge of conditions of release
- SDCL § 23A-43-15 — Appeal to Supreme Court for amendment of conditions of release--Disposition by court
- SDCL § 23A-43-16 — Release pending judgment or appeal--Criteria considered--Right to judicial review of conditions
- SDCL § 23A-43-17 — (Rule 46(c)) Burden of proof as to risk of flight or danger
- SDCL § 23A-43-18 — Conditions of release imposed on material witness--Release after deposition taken
- SDCL § 23A-43-19 — Order for commitment or better security from person about to abscond--Order of arrest
- SDCL § 23A-43-20 — (Rule 46(d)) Justification by sureties--Findings as to financial responsibility--Attorney not to be surety
- SDCL § 23A-43-21 — (Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition--Warrant for arrest
- SDCL § 23A-43-22 — (Rule 46(e)(2)) Setting aside forfeiture of bail
- SDCL § 23A-43-23 — (Rule 46(e)(3)) Default judgment on forfeiture--Enforcement of liability on motion--Notice of motion
- SDCL § 23A-43-24 — (Rule 46(e)(4)) Remission of bond after entry of judgment
- SDCL § 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
- SDCL § 23A-43-25.1 — Reinstated bond or undertaking paid to officer with whom originally deposited
- SDCL § 23A-43-26 — (Rule 46(f)) Exoneration of obligors and release of bail--Cash deposit or surrender of defendant exonerating
- SDCL § 23A-43-27 — Exoneration of bail on commitment under sentence
- SDCL § 23A-43-28 — Exoneration of bail on commitment as mentally ill
- SDCL § 23A-43-29 — Arrest of defendant by surety on violation of conditions--Recommitment and discharge of surety
- SDCL § 23A-43-30 — (Rule 46(g)) Court supervision to eliminate unnecessary detention
- SDCL § 23A-43-31 — Failure to appear after release as forfeiture of security--Felony or misdemeanor
- SDCL § 23A-43-32 — Contempt powers of courts unimpaired
This reference is informational and is not legal advice.