§ 23A-40-10 — Funds available from or on behalf of defendant--Order for reimbursement--Applicability--Credit against lien.

South Dakota § 23A-40-10

• Jurisdiction: South Dakota
• Title 23A: CRIMINAL PROCEDURE
• Ch. 23A-39: (RULE 44) COUNSEL FOR INDIGENT DEFENDANT

Text

If the court finds that funds are available for payment from or on behalf of a defendant to carry out, in whole or in part, the provisions of this chapter, the court may order that the funds be paid, as court costs or as a condition of probation, to the court for deposit with the state, county, or municipal treasurer, to be placed in the state, county, or municipal general fund or in the public defender fund in those counties establishing the office pursuant to subdivision 23A-40-7 (1) as a reimbursement to the county or municipality to carry out the provisions of this section. The court may also order payment to be made in the form of installments or wage assignments, in amounts set by a judge of the circuit court or a magistrate judge, either during the time a charge is pending or after the disposition of the charge, regardless of whether the defendant has been acquitted or the case has been dismissed by the prosecution or by order of the court. The provisions of this section also apply to persons who have had counsel appointed under chapters 26-7A , 26-8A , 26-8B , and 26-8C . The reimbursement is a credit against any lien created by the provisions of this chapter against the property of the defendant.

Legislative History

SL 1979, ch 159, § 40; SL 1983, ch 192, § 1; SL 1997, ch 146, § 1; SL 2001, ch 123, § 1; SL 2024, ch 94, § 3.