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 […]
Section 23-24B-8 – Temporary detention of fugitive being transported–Expense.
23-24B-8. Temporary detention of fugitive being transported–Expense. The law enforcement officer or person executing the judge’s warrant of arrest, or the agent of the demanding tribe to whom the prisoner may have been delivered may, if necessary, confine the prisoner in the jail of any county or first or second class municipality through which the […]
Section 23-24B-4 – Proceedings conducted between circuit judge and tribal judge or magistrate.
23-24B-4. Proceedings conducted between circuit judge and tribal judge or magistrate. Extradition proceedings under this chapter shall be conducted between the respective state circuit court presiding judge and Indian tribal court judge or magistrate involved in the request for extradition. Source: SL 1976, ch 162, §5.
Section 23-24B-4.1 – Investigation and report to judge by attorney general.
23-24B-4.1. Investigation and report to judge by attorney general. The circuit court judge may call upon the attorney general to investigate the demand for extradition and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered. Source: SL 1978, ch 172, §4.
Section 23-24B-4.2 – Scope of circuit judge’s inquiry.
23-24B-4.2. Scope of circuit judge’s inquiry. The guilt or innocence of an accused as to the crime of which he is charged may not be inquired into by a circuit court judge in any extradition proceeding except as it may be necessary to identify the person held as being the person charged with the crime. […]
Section 23-24B-1 – Extradition to tribe of Indian fugitive found within state’s jurisdiction.
23-24B-1. Extradition to tribe of Indian fugitive found within state’s jurisdiction. If any Indian charged with an offense by an Indian tribe is a fugitive from justice from such tribe and is found within the jurisdiction of this state, he may be extradited to the tribe from which he fled, pursuant to the provisions of […]
Section 23-24B-3 – Written request required–Contents–Copy of arrest warrant and judgment–Sworn statement from reservation judicial officer.
23-24B-3. Written request required–Contents–Copy of arrest warrant and judgment–Sworn statement from reservation judicial officer. A demand for extradition of a person charged with an offense by an Indian tribe in this state may be recognized by this state if a written request for extradition is received by the attorney general. The request shall state that […]