Whenever judgment of death is rendered, the judge shall also sign and provide to the Governor, the secretary of corrections, and the sheriff of the county where the crime was committed a warrant of death sentence and execution, along with a brief statement of the facts and circumstances of the case, duly attested by the clerk under the seal of the court. The warrant of death sentence and execution shall describe the conviction and sentence and appoint the week within which the sentence shall be executed. The warrant of death sentence and execution shall be directed to the secretary of corrections, commanding the secretary of corrections or a designee of the secretary to execute the sentence on some day within the week appointed.
S.D. Codified Laws § 23A-27A-15
Warrant of death sentence and execution--Time of execution
Applied in 2 court decisions — leading case State v. Robert (2012)
Most recently applied in Rhines v. S.D. Dept. of Corrections (October 2019)
Source: SL 1939, ch 135, § 1; SDC Supp 1960, § 34.37A01; SDCL § 23-49-1; SL 1979, ch 160, § 17; SL 2008, ch 117, § 2; SL 2023, ch 82, § 35.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.