S.D. 3d Jud. Cir. Arrest and Release Procedure

STATE OF SOUTH DAKOTA

THIRD JUDICIAL CIRCUIT COURT

Counties

Beadle, Brookings, Clark, Codington, Deuel, Grant, Hamlin, Hand, Jerauld,

Kingsbury, Lake, Miner, Moody and Sanborn

Third Circuit Arrest and Release Procedure

IT IS HEREBY ORDERED that the following Third Circuit Arrest and Release Procedure shall be

effective November 1, 2018.

SETTING BOND - Bond is set by calling a Judge between 8:00 a.m. and 9:00 p.m. utilizing the 3rd

Circuit Bond Call Schedule. After 9:00 p.m. bond shall be set the following morning at 8:00 a.m. or

after, pursuant to the 3rd Circuit Bond Call Schedule.

Call a Judge to set bond for the following pursuant to above paragraph:

1. All FELONIES

2. Class I MISDEMEANORS (only those listed below):

a. Simple Assault

b. Violation of protection order

c. Violation of condition bond/no contact order

d. Stalking

e. DUI 1st and 2nd Offense - do NOT contact the Judge, but if suspected to still be

under the influence, release to a responsible adult. If clearly intoxicated or

incapacitated to the extent that he/she is a danger to the health or safety of

him/herself or others, hold in protective custody until the danger no longer exists.

Follow the procedure set for in SDCL 34-29A-55.

Unless specifically listed above, a personal recognizance bond is authorized for all Class I

Misdemeanors. Law Enforcement cannot change these terms by adding or removing any terms

without authorization of a Judge. If there are exceptional circumstances which would bear on the

amount or conditions of a bond to be set, such as indications of flight risk or danger to others or the

community, the arresting officer should contact the Judge pursuant to the 3rd Circuit Bond Call

Schedule to set the bond and explain the exceptional circumstances.

3. For all Class II MISDEMEANORS, bond shall be set at personal recognizance.

4. JUVENILES - For in-state juveniles, release the juvenile to a parent or guardian or detain per

risk assessment instrument (RAI) decisions. If extenuating circumstances exist, law

enforcement may call the Judge in your county in charge of juveniles to advise them of the RAI

score and decision and request a judicial override. For all out-of-state juveniles, call the judge

in charge of juveniles in your county or an intake officer.

WARRANTLESS ARRESTS -

1. PROBABLE CAUSE: If a person is not released on bond, the officer must provide a

probable cause statement via email to a Judge pursuant to the 3rd Circuit Bond

Call Schedule, within 48 hours. The Clerk of Court, States Attorney, and

Detention Center shall be cc'd on the email. The Judge will reply all via email as

to a finding of probable cause or not. The clerk shall file the email in the court

record.

NOTE - If probable cause is not shown within 48 hours, the jail has no legal

authority to hold a defendant and the jail will release the defendant from

custody.

2. INITIAL APPEARANCE/BOND HEARING: The State must file a complaint within

two business days after a warrantless arrest has been made. If a complaint has

not been filed within such time, the arrested person shall be discharged, and any

bond and conditions are exonerated.

ISSUANCE OF WARRANTS - No arrest warrants are to be issued without a showing of

probable cause. A showing of probable cause will be made by affidavit at the time the warrant

is requested. Probable cause showing can be made by sworn complaint if sufficiently

detailed.

REQUEST FOR SEARCH WARRANTS PROCESS HAS NOT CHANGED - Search warrants

may be signed by any available Judge during regular business hours. For after-hours search

warrants (between 5:00 p.m. and 8:00 a.m.) and on weekends, contact the on-call Judge at

605-688-6143.

Originally adopted by 3rd circuit Judges November 1, 2018. Revised January 6, 2025.

Gregory J. Stoltenburg

Presiding Judge