South Dakota Codified Laws 23A-43-4. Factors considered in determining conditions of release to be imposed
In determining which conditions of release will reasonably assure appearance, a committing magistrate or court shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the defendant, the defendant’s family ties, employment, financial resources, character and mental condition, the results of any mental health assessment, the length of the defendant’s residence in the community, the defendant’s record of convictions, the defendant’s record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings, and the risk that the defendant will flee or pose a danger to any person or to the community.
Terms Used In South Dakota Codified Laws 23A-43-4
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SL 1978, ch 178, § 509; SL 1980, ch 179, § 3; SL 2017, ch 109, § 12.