South Dakota Codified Laws 23-24B-3. Written request required–Contents–Copy of arrest warrant and judgment–Swornstatement from reservation judicial officer
A demand for extradition of a person charged with an offense by an Indian tribe in this state may be recognized by this state if a written request for extradition is received by the attorney general. The request shall state that the accused person was present on the demanding reservation at the time of the commission of the alleged crime and that thereafter the person fled from the reservation to avoid prosecution. The request shall be accompanied by:
(1) A copy of any arrest warrant issued for the person;
Terms Used In South Dakota Codified Laws 23-24B-3
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) A copy of any judgment of conviction or sentence imposed, if applicable; and
(3) A sworn statement from a reservation judicial officer that the person:
(a) Claimed has escaped or evaded confinement, or broken the terms of the person’s probation, bail, or parole; and
(b) Has been charged with committing a specific offense under the laws of the tribe.
Source: SL 1976, ch 162, § 3; SL 1978, ch 172, § 2; SL 2018, ch 142, § 2.