South Dakota Statutes
§ 23A-28B-37 — Application hearing open to public--Exceptions.
Any hearing held on an application is open to the public. The record of such hearing is a public record, unless the commission determines that a closed hearing is necessary because:
(1)The alleged offender has not been brought to trial and a public hearing would adversely affect the alleged offender's apprehension or trial;
(2)The victim or alleged offender is a minor;
(3)A public hearing would cause trauma for the victim; or (4) A public hearing would frustrate rather than further the interests of justice.
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South Dakota § 23A-28B-37 (Application hearing open to public--Exceptions.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 1991, ch 201, § 37; SL 2004, ch 167, § 4.
Nearby Sections
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§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.