23A-43-10. Review by another magistrate when committing magistrate unavailable. If the magistrate or court that imposed the conditions of release is not available for review pursuant to §23A-43-8 or 23A-43-9, any other committing magistrate or court in the circuit may review such conditions. Source: SL 1978, ch 178, §511.
23A-43-11. Continuation of conditions to insure subjection to another court where charges pending–Transmittal of papers to other jurisdiction. If at any time during the course of a prosecution it appears that a defendant who has been conditionally released is not subject to the jurisdiction of the court imposing such conditions, and it appears that he […]
23A-43-12. Information considered in bail proceedings need not conform to rules of evidence. Information stated in, or offered in connection with, any order entered pursuant to §§23A-43-1 to 23A-43-13, inclusive, need not conform to the rules pertaining to the admissibility of evidence in a court of law. Source: SL 1978, ch 178, §513.
23A-43-13. Disposition of cases by forfeiture of collateral not prohibited. Nothing contained in §§23A-43-1 to 23A-43-12, inclusive, shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security where such disposition is authorized by the court. Source: SL 1978, ch 178, §514.
23A-43-14. Motion for amendment by circuit judge of conditions of release. A defendant who is detained, or whose release on a condition requiring him to return to custody after specified hours is continued, after review of his application pursuant to §23A-43-7, 23A-43-8, 23A-43-9, or 23A-43-10 by a committing magistrate, other than a judge of the […]
23A-43-15. Appeal to Supreme Court for amendment of conditions of release–Disposition by court. In any case in which a defendant is detained after a court denies a motion under §23A-43-14 to amend an order imposing conditions of release, or after conditions of release have been imposed or amended by a judge of the court having […]
23A-43-16. Release pending judgment or appeal–Criteria considered–Right to judicial review of conditions. On motion of a defendant who has been convicted of an offense, the court in which the conviction was had may release the defendant prior to the entry of judgment, pending the expiration of time for filing notice of appeal, and pending the […]
23A-43-17.(Rule 46(c)) Burden of proof as to risk of flight or danger. On a motion pursuant to §23A-43-16, the burden of establishing that a defendant will not flee or pose a danger to any other person or to the community rests with the defendant. Source: SL 1978, ch 178, §518; SL 1985, ch 200, §3.
23A-43-18. Conditions of release imposed on material witness–Release after deposition taken. If it appears by affidavit that the testimony of a person is material in any criminal proceeding, and if it is shown that it may become impracticable to secure his presence by subpoena, a committing magistrate or court shall impose conditions of release upon […]
23A-43-19. Order for commitment or better security from person about to abscond–Order of arrest. When proof is made to any committing magistrate that a person previously released on the execution of an appearance bail bond with one or more sureties is about to abscond, and that his bail is insufficient, the committing magistrate shall require […]
23A-43-2. Release of defendant on personal recognizance or unsecured bond–Exceptions. Except for a defendant charged with an offense punishable by death or a defendant who is currently released on personal recognizance bond, a defendant shall, at his appearance before a committing magistrate or court be ordered released pending trial on his personal recognizance or upon […]
23A-43-2.1. Defendants charged with offense punishable by death. A person who is charged with an offense punishable by death shall be treated in accordance with the provisions of §23A-43-3, unless the committing magistrate has reason to believe that no one or more conditions of release will reasonably assure that the person will not flee or […]
23A-43-20.(Rule 46(d)) Justification by sureties–Findings as to financial responsibility–Attorney not to be surety. Every surety, except a corporate surety authorized by chapter 58-21, shall justify by affidavit and may be required to describe in the affidavit the property by which he proposes to justify and the encumbrances on it, the number and amount of other […]
23A-43-21.(Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition–Warrant for arrest. Upon a showing that there has been a material breach of a condition of release without good cause, the court shall declare a forfeiture of the bond, if any, and shall enter an order revoking the conditions of release. If […]
23A-43-22.(Rule 46(e)(2)) Setting aside forfeiture of bail. A court may direct that a forfeiture be set aside, upon such conditions as it may impose, if it appears that justice does not require enforcement of the forfeiture. Source: CCrimP 1877, §559; CL 1887, §7611; RCCrimP 1903, §592; RC 1919, §4602; SDC 1939 & Supp 1960, §34.1809; […]
23A-43-23.(Rule 46(e)(3)) Default judgment on forfeiture–Enforcement of liability on motion–Notice of motion. When a forfeiture has not been set aside, a court shall on motion enter a judgment of default, and execution may issue thereon. By entering into a bond the obligors submit themselves to the jurisdiction of the circuit court and irrevocably appoint the […]
23A-43-24.(Rule 46(e)(4)) Remission of bond after entry of judgment. After entry of such judgment, a court may remit the bond in whole or in part under such conditions as it may impose, if it appears that justice does not require the enforcement of the forfeiture. Source: SL 1978, ch 178, §526.
23A-43-25. Proceeding against bail after forfeiture of undertaking–Payment into county treasury of money deposit forfeited–Bonds for traffic or other misdemeanor violations excluded. After the forfeiture of recognizance, bond or undertaking of bail, including an appearance bond, the prosecuting attorney shall proceed, with all due diligence, by action against the bail upon the instrument so forfeited. […]
23A-43-25.1. Reinstated bond or undertaking paid to officer with whom originally deposited. Upon order of the court for the reinstatement of bond or undertaking of bail, previously forfeited, the county treasurer shall pay to the clerk of court or other officer with whom it was originally deposited such bond or undertaking of bail. Source: SL […]
23A-43-26.(Rule 46(f)) Exoneration of obligors and release of bail–Cash deposit or surrender of defendant exonerating. When the condition of a bond has been satisfied or the forfeiture of a bond has been set aside or remitted, a court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of […]
