Section 23-26A-6 – Release of accused person pending hearing.
23-26A-6. Release of accused person pending hearing. The committing magistrate may impose conditions of release authorized by the laws of this state which will reasonably assure the appearance at the hearing of the person whose removal is sought. Source: SL 1978, ch 174, §6.
Section 23-26A-7 – Hearing and order for return to other state–Findings required.
23-26A-7. Hearing and order for return to other state–Findings required. The prosecuting attorney shall appear at the hearing and report to the committing magistrate the results of his investigation. If the committing magistrate finds that the affiant is a designated agent of the demanding court, judge, or magistrate and that the person whose removal is […]
Section 23-26A-8 – Uniformity of construction.
23-26A-8. Uniformity of construction. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Source: SL 1978, ch 174, §9.
Section 23-26A-9 – Severability of provisions.
23-26A-9. Severability of provisions. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are […]
Section 23-26A-10 – Citation of chapter.
23-26A-10. Citation of chapter. This chapter may be cited as the Uniform Rendition of Accused Persons Act. Source: SL 1978, ch 174, §10.
Section 23-26A-5 – Waiver of hearing by person arrested.
23-26A-5. Waiver of hearing by person arrested. The person whose removal is sought may at this time in writing waive the hearing and agree to be returned to the demanding court, judge, or magistrate. If a waiver is executed, the committing magistrate shall issue an order pursuant to §23-26A-7. Source: SL 1978, ch 174, §5.
Section 23-24B-5 – Governor’s participation not required.
23-24B-5. Governor’s participation not required. The formal requirements of chapter 23-24, relating to the Governor of the State of South Dakota, shall not apply to extradition proceedings under this chapter. Source: SL 1976, ch 162, §6.
Section 23-24B-5.1 – Taking fugitive before magistrate–Advice as to rights–Violation as misdemeanor.
23-24B-5.1. Taking fugitive before magistrate–Advice as to rights–Violation as misdemeanor. No person arrested on the judge’s warrant shall be delivered to an agent appointed by the demanding tribe to receive him until he is first taken before a committing magistrate in this state, who shall inform him of the demand for his surrender and of […]
Section 23-24B-6 – Habeas corpus provisions applicable.
23-24B-6. Habeas corpus provisions applicable. The provisions of §23-24-12 shall apply to all extradition requests made under this chapter for return of an Indian to an Indian tribal court. Source: SL 1976, ch 162, §4; SL 1978, ch 172, §6.
Section 23-24B-7 – Waiver of extradition–Advice as to rights.
23-24B-7. Waiver of extradition–Advice as to rights. Formal extradition proceedings under this chapter may be waived if the person making the waiver, knowingly, and in the presence of a committing magistrate, signs a statement that he consents to his return to the demanding authority. However, before such waiver may be executed, the committing magistrate shall […]