Except for a defendant charged with an offense punishable by death or a defendant who is currently released on personal recognizance bond, a defendant shall, at his appearance before a committing magistrate or court be ordered released pending trial on his personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the committing magistrate or court, unless the magistrate or court determines in the exercise of his discretion, that such a release will not reasonably assure the appearance of the defendant as required or that the defendant may pose a danger to any other person or to the community.
S.D. Codified Laws § 23A-43-2
Release of defendant on personal recognizance or unsecured bond--Exceptions
Applied in 4 court decisions — leading case State v. Christians (1986)
Most recently applied in State v. Hetzel (July 1999)
Source: SL 1978, ch 178, § 506; SL 1980, ch 183, § 1; SL 1982, ch 187.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.