Section 25-10-40 – Restrictions on release of person charged with domestic abuse.
25-10-40. Restrictions on release of person charged with domestic abuse. No police officer or sheriff may release a person charged with assaulting a person in a relationship described in §25-10-3.1, or violating a protection order, as provided for in this chapter, without providing notice to a committing magistrate judge or circuit court. A committing magistrate […]
Section 25-10-41 – Conditions of release of person charged with domestic abuse.
25-10-41. Conditions of release of person charged with domestic abuse. In determining the conditions of release under §25-10-40, the court shall consider the following conditions and may impose any condition it considers reasonably necessary to protect the alleged victim of domestic abuse, including ordering the defendant: (1)Not to subject the victim to further domestic abuse; […]
Section 25-10-42 – Convicted child abuser or sex offender barred from adopting child.
25-10-42. Convicted child abuser or sex offender barred from adopting child. No child may be placed for adoption with an individual who has been convicted of child abuse pursuant to chapter 26-10 or a sex offense pursuant to chapter 22-22. Source: SL 2002, ch 116, §5.
Section 25-10-43 – Defendant prohibited from contacting victim prior to court appearance–Violation as misdemeanor.
25-10-43. Defendant prohibited from contacting victim prior to court appearance–Violation as misdemeanor. While in custody after arrest for a crime involving domestic abuse, no defendant may have or be permitted any contact or communications, either directly or by means of a third party, with the victim or the family or household members of the victim, […]
Section 25-10-44 – Mental illness hold–Release.
25-10-44. Mental illness hold–Release. Notwithstanding §25-10-40, if the police officer or sheriff believes that the domestic abuse perpetrator has a severe mental illness that makes the person an imminent danger to self or others, the officer or sheriff may initiate a mental illness hold under §27A-10-3 and transport the person to an appropriate regional facility […]
Section 25-10-39 – Records of domestic abuse–Disclosure of victim’s location during pendency of action.
25-10-39. Records of domestic abuse–Disclosure of victim’s location during pendency of action. Each law enforcement agency shall maintain records for at least five years of all reported incidents of domestic abuse. However, during the pendency of any action instituted pursuant to §25-10-36, records which identify the location of a victim may not be disclosed to […]
Section 25-10-25 – Convicted defendant prohibited from contacting victim.
25-10-25. Convicted defendant prohibited from contacting victim. The court may order that any defendant convicted of a crime involving domestic abuse be prohibited from contact with the victim and the sheriff shall give the victim a copy of any such order. Source: SL 1989, ch 224, §4.
Section 25-10-28 – Domestic violence or sexual assault shelters and service programs–Required services.
25-10-28. Domestic violence or sexual assault shelters and service programs–Required services. Any shelter or service programs established pursuant to this chapter shall have as its primary purpose the provision of services to victims of domestic violence or sexual assault, or both, and shall include: (1)Crisis telephone and referral services available twenty-four hours per day, seven […]
Section 25-10-30 – Promulgation of rules.
25-10-30. Promulgation of rules. The Department of Public Safety shall promulgate rules pursuant to chapter 1-26 to: (1)Establish minimum qualifications of sexual assault or domestic violence shelters or service programs; and (2)Evaluate the programs and services provided by sexual assault or domestic violence shelters or service programs. Source: SL 1989, ch 223, §6; SL 1990, […]
Section 25-10-34 – Domestic abuse charge to be indicated on summons, warrant, or judgment of conviction.
25-10-34. Domestic abuse charge to be indicated on summons, warrant, or judgment of conviction. The state’s attorney of the county where a crime is believed to have been committed shall indicate on the summons, complaint, information, indictment, arrest warrant, and judgment of conviction whether the charge involves domestic abuse. Source: SL 2000, ch 111, §2; […]