S.D. Codified Laws § 23-24B-3

Current through the 2024 Legislative Session
Section 23-24B-3 - Written request required-Contents-Copy of arrest warrant and judgment-Sworn statement 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;
(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.

SDCL 23-24B-3

SL 1976, ch 162, § 3; SL 1978, ch 172, § 2; SL 2018, ch 142, §2.
Amended by S.L. 2018, ch. 142,s. 2, eff. 7/1/2018.