South Dakota § 23A-43-2.1 Defendants charged with offense punishable by death.

South Dakota Statutes

§ 23A-43-2.1 — Defendants charged with offense punishable by death.

South Dakota § 23A-43-2.1

Title 23ACRIMINAL PROCEDURE

Ch. 23A-41BAIL

This text of South Dakota § 23A-43-2.1 (Defendants charged with offense punishable by death.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-43-2.1 (2026).

Text

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 pose a danger to any other person or to the community. If such a risk of flight or danger is believed to exist, the person may be ordered detained.

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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 pose a danger to any other person or to the community. If such a risk of flight or danger is believed to exist, the person may be ordered detained.