§ 23-24-1 Definition of terms
§ 23-24-2 Fugitives from other states–Governor to cause arrest and delivery
§ 23-24-3 Form of demand for extradition to another state
§ 23-24-4 Investigation by Governor
§ 23-24-5 Agreement for return of fugitive to this state after trial or sentence in another state
§ 23-24-6 Fugitive from another state who departed therefrom involuntarily
§ 23-24-7 Fugitive from another state who was absent therefrom at the time of the commission of the crime
§ 23-24-8 Governor’s warrant of arrest–Issuance–Recitals
§ 23-24-9 Manner and place of execution
§ 23-24-10 Authority of arresting officer
§ 23-24-11 Rights of accused person before delivery to agent for extradition–Violation as misdemeanor
§ 23-24-12 Application for habeas corpus to test legality of arrest
§ 23-24-13 Confinement in jail when necessary
§ 23-24-14 Taking prisoner from another state to demanding state through this state–Confinement in jail
§ 23-24-15 Arrest prior to requisition
§ 23-24-16 Arrest without a warrant
§ 23-24-17 Commitment to await requisition
§ 23-24-18 Bail pending proceedings–Conditions of bond
§ 23-24-19 Failure to arrest under Governor’s warrant within specified time–Discharge or recommitment–New bail
§ 23-24-20 Forfeiture of bail
§ 23-24-21 Persons under criminal prosecution in this state at time of requisition
§ 23-24-22 Identifying prisoner as the person charged with the crime–No other inquiry concerning guilt
§ 23-24-23 Governor may recall warrant or issue alias
§ 23-24-24 Written waiver of extradition proceedings
§ 23-24-25 Consent to return to demanding state–Execution–Filing–Effect
§ 23-24-26 Voluntary return without formality
§ 23-24-27 Nonwaiver by this state
§ 23-24-28 Fugitives from this state–Governor to issue warrant
§ 23-24-29 Application for Governor’s requisition from another state–Person charged with crime–Contents–Certification by prosecuting attorney
§ 23-24-30 Person convicted of escaping or violating bail, probation or parole–Application for requisition, by whom made, contents
§ 23-24-31 Application for Governor’s requisition–Verification–Accompanying documents
§ 23-24-32 Disposition of copies of application and accompanying documents
§ 23-24-33 Immunity from civil process
§ 23-24-34 No immunity as to prosecution for other crimes
§ 23-24-35 Compensation in extradition cases–Authorization by Governor required–Unauthorized asking or receiving as misdemeanor–Officer defined
§ 23-24-36 Custody and restraint of person in South Dakota by agent of foreign state
§ 23-24-37 Uniformity of interpretation
§ 23-24-38 Severability of provisions
§ 23-24-39 Citation of uniform provision
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Terms Used In South Dakota Codified Laws > Title 23 > Chapter 24 - Extradition Proceedings

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2