South Dakota

23A-43-1. 23A-43-1. (Rule 46(a)) Reserved

23A-43-2. Release of defendant on personal recognizance or unsecured bond--Exceptions.

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

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

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

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

23A-43-4. Factors considered in determining conditions of release to be imposed.

23A-43-4.1. 23A-43-4.1, 23A-43-4.2. Transferred to §§ 25-10-40, 25-10-41

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

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

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

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

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

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

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

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

23A-43-13. Disposition of cases by forfeiture of collateral not prohibited.

23A-43-14. Motion for amendment by circuit judge of conditions of release.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23A-43-32. Contempt powers of courts unimpaired.