South Dakota Codified Laws 23A-28B-37. Application hearing open to public–Exceptions
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Any hearing held on an application is open to the public. The record of such hearing is a public record, unless the commission determines that a closed hearing is necessary because:
(1) The alleged offender has not been brought to trial and a public hearing would adversely affect the alleged offender’s apprehension or trial;
Terms Used In South Dakota Codified Laws 23A-28B-37
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The victim or alleged offender is a minor;
(3) A public hearing would cause trauma for the victim; or
(4) A public hearing would frustrate rather than further the interests of justice.
Source: SL 1991, ch 201, § 37; SL 2004, ch 167, § 4.