South Dakota Codified Laws 23A-43-3. Additional conditions of release imposed when necessary to assure appearance for trial
If a determination is made that a release pursuant to § 23A-43-2 will not reasonably assure the appearance of the defendant as required, the committing magistrate or court shall, either in lieu of or in addition to the methods of release described in § 23A-43-2, impose the first of the following conditions of release which will reasonably assure the appearance of the defendant for trial or, if no single condition gives that assurance, any combination of the following conditions:
(1) Place the defendant in the custody of a designated person or organization agreeing to supervise him;
Terms Used In South Dakota Codified Laws 23A-43-3
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. 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.
(2) Place restrictions on the travel, association, or place of abode of the defendant during the period of release;
(3) Require the defendant to complete a mental health assessment by a specified date and follow any treatment recommendations. The court shall consider available funding sources before imposing this condition of release;
(4) Require an appearance bond in a specified amount. The bond shall be executed by depositing with the clerk of the court, in cash or other security, as directed, a sum not to exceed ten percent of the amount of the bond. The deposit shall be returned upon the performance of the conditions of release;
(5) Require the execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu of a bail bond; or
(6) Impose any other condition reasonably necessary to assure the defendant’s appearance as required, including a condition requiring that the defendant return to custody after specified hours.
Source: SL 1978, ch 178, § 506; SL 2017, ch 109, § 9.