Pretrial Release | South Dakota

3/13/2013

State legislatures consider and enact laws that address all aspects of pretrial policy, including citations, release eligibility, conditions of release, commercial bail bonding, victims’ rights and diversion. These legislative policies have an important role in providing fair, efficient and safe practices carried out by law enforcement and the courts.

Below is a synopsis of this state’s pretrial release laws as of March 2013 and any relevant legislative reports or audits. Recent enactments modifying these provisions can be found in NCSL’s pretrial enactments database.

Laws

Pretrial Release Eligibility

State constitution provides a presumption of pretrial release. Pretrial release can be denied for capital offenses. (Const. art. 6 § 8)

Guidance for Setting Release Conditions

State statute provides a presumption of pretrial release on personal recognizance or unsecured appearance bond. Law requires courts to impose conditions as enumerated in § 23A-43-3. (§ 23A-43-2 & § 23A-43-3)

Pretrial Release Conditions

Law allows release on personal recognizance or an unsecured appearance bond. Common conditions of release include: commercial surety bond, cash deposit, other secured bond, supervision and additional requirements. (§ 23A-43-3; § 23A-43-2.1; § 23A-43-20)

Pretrial Detention

When a defendant is unable to meet the pretrial release conditions, a judicial review is required after 24 hours in custody. (§ 23A-43-8)

Bail Bond Agent Licensure

The Division of Insurance of the Department of Labor and Regulation regulates bail bondsmen. To be licensed, applicants must meet age and residency requirements, and pass an exam. They cannot be employed as jailers; attorneys; police officers; committing, municipal or magistrate judges; clerks or deputy clerks; sheriffs, deputy sheriffs or constables; any person with arrest power; or certain prison officials. Crimes for which a license can be denied or revoked include all felonies and crimes involving moral turpitude. (§ 58-22-1)

Bail Bond Agent Business Practices

Bail agents are prohibited from soliciting business any place prisoners are confined. They cannot offer legal advice, recommend an attorney or make arrangements with public officials. (§ 58-22-35; § 58-22-32; § 58-22-36; § 58-22-34

Bail Forfeiture Procedure

Statute addresses standards for remission procedure. (§ 23A-43-24. (Rule 46(e)(4)))

Recovery Agents

Statute addresses standards for remission procedure. (§ 23A-43-24. (Rule 46(e)(4)))

Victims’ Rights and Protections

Victims have the right to notification of the pretrial release hearing and pretrial release. Pretrial release hearings are required for assaulting a family or household member or for a violation of a protection order. (§ 23A-28C-1; § 25-10-40)

Resources

Full text of statutes can be retrieved using NCSL’s State Legislatures Internet Links database or learn more about NCSL’s Criminal Justice Program.