There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 27 — Habeas Corpus
- 21-27-1 — Right of person detained or imprisoned to apply for writ.
- 21-27-1.1 — Penal institution disciplinary sanctions--Writ not available remedy.
- 21-27-2 — Inquiry into delay in bringing criminal prosecution to trial--Powers of court on returnof writ.
- 21-27-3 — Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.
- 21-27-3.1 — Time for application.
- 21-27-3.2 — Dismissal of certain delayed applications.
- 21-27-4 — Counsel appointed for indigent applicant--Counsel fees and expenses allowed.
- 21-27-5 — Writ awarded unless application shows no right to relief.
- 21-27-6 — Forfeiture by judge for refusal or delay in issuing writ--Liability for damagesunimpaired.
- 21-27-7 — Writ used to produce prisoners for testimony in criminal proceedings.
- 21-27-8 — Signature and direction of writ--Endorsement by Habeas Corpus Act.
- 21-27-9 — Repealed.
- 21-27-9.1 — Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.
- 21-27-9.2 — Production of applicant--Payment of expenses--Applicant in state hospital orpenitentiary.
- 21-27-9.3 — Return to writ--Time for filing--Content.
- 21-27-10 — Contempt and forfeiture by sheriff or jailer for failure to return writ and produceapplicant--Liability for damages unaffected.
- 21-27-11 — Transfer or concealment of applicant to avoid writ as felony.
- 21-27-12 — Day set for hearing of cause.
- 21-27-13 — Denials and new allegations in applicant's answer to return of writ--Amendment ofreturn and suggestions against return.
- 21-27-14 — Hearing and disposition of cause by judge.
- 21-27-14.1 — Judge to hear application.
- 21-27-15 — Judgment not inquired into on writ.
- 21-27-16 — Causes for discharge of applicant committed on judicial process.
- 21-27-16.1 — Waiver of grounds for relief not raised in application.
- 21-27-17 — New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail.
- 21-27-18 — Admission to bail of applicant in custody under judicial process.
- 21-27-18.1 — Review by Supreme Court--Certificate of probable cause required--Motion forissuance of certificate--Appeal.
- 21-27-19 — Admission to bail on grant of writ.
- 21-27-20 — Supreme Court order required for admission to bail pending application for writ orpending appellate review.
- 21-27-21 — Remand to custody or admission to bail pending review of order discharging writ.
- 21-27-22 — Bail without surety pending review of order discharging prisoner.
- 21-27-23 — Admission to bail by Supreme Court pending review.
- 21-27-24 — Terms of bond given on admission to bail--Surety.
- 21-27-25 — Order for temporary custody of person not held under judicial process--Securityrequired of person granted custody.
- 21-27-26 — Order remanding applicant to custody--Conclusive on second application for writ.
- 21-27-27 — Discharge on second writ unlawful where crime charged--Admission to bail orremand to custody.
- 21-27-28 — Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.
- 21-27-29 — Forfeiture for new arrest or detention after discharge on writ--Liability for damagesunaffected.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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