Chapter 43 - Bail

Chapter 43 - Bail

§ 23A-43-2 Release of defendant on personal recognizance or unsecured bond--Exceptions.
§ 23A-43-2.1 Defendants charged with offense punishable by death.
§ 23A-43-3 Additional conditions of release imposed when necessary to assure appearance for trial.
§ 23A-43-3.1 Report of noncompliance with mental health treatment.
§ 23A-43-3.2 Rules regarding noncompliance with mental health treatment.
§ 23A-43-4 Factors considered in determining conditions of release to be imposed.
§ 23A-43-4.1 , 23A-43-4.2. Transferred.
§ 23A-43-5 (Rule 46(b)) Conditions of release and bond continued unless ordered increased--Statement of reasons for adding conditions.
§ 23A-43-6 Order stating conditions of release--Advice to defendant as to results of violation.
§ 23A-43-7 Amendment of order to impose additional or different conditions of release--Review on inability of defendant to meet additional conditions.
§ 23A-43-8 Review of conditions when defendant unable to meet conditions for release--Statement by magistrate of reasons for conditions.
§ 23A-43-9 Review of conditions requiring return to custody after specified hours--Statement by magistrate of reasons for requirement.
§ 23A-43-10 Review by another magistrate when committing magistrate unavailable.
§ 23A-43-11 Continuation of conditions to insure subjection to another court where charges pending--Transmittal of papers to other jurisdiction.
§ 23A-43-12 Information considered in bail proceedings need not conform to rules of evidence.
§ 23A-43-13 Disposition of cases by forfeiture of collateral not prohibited.
§ 23A-43-14 Motion for amendment by circuit judge of conditions of release.
§ 23A-43-15 Appeal to Supreme Court for amendment of conditions of release--Disposition by court.
§ 23A-43-16 Release pending judgment or appeal--Criteria considered--Right to judicial review of conditions.
§ 23A-43-17 (Rule 46(c)) Burden of proof as to risk of flight or danger.
§ 23A-43-18 Conditions of release imposed on material witness--Release after deposition taken.
§ 23A-43-19 Order for commitment or better security from person about to abscond--Order of arrest.
§ 23A-43-20 (Rule 46(d)) Justification by sureties--Findings as to financial responsibility--Attorney not to be surety.
§ 23A-43-21 (Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition--Warrant for arrest.
§ 23A-43-22 (Rule 46(e)(2)) Setting aside forfeiture of bail.
§ 23A-43-23 (Rule 46(e)(3)) Default judgment on forfeiture--Enforcement of liability on motion--Notice of motion.
§ 23A-43-24 (Rule 46(e)(4)) Remission of bond after entry of judgment.
§ 23A-43-25 Proceeding against bail after forfeiture of undertaking--Payment into county treasury of money deposit forfeited--Bonds for traffic or other misdemeanor violations excluded.
§ 23A-43-25.1 Reinstated bond or undertaking paid to officer with whom originally deposited.
§ 23A-43-26 (Rule 46(f)) Exoneration of obligors and release of bail--Cash deposit or surrender of defendant exonerating.
§ 23A-43-27 Exoneration of bail on commitment under sentence.
§ 23A-43-28 Exoneration of bail on commitment as mentally ill.
§ 23A-43-29 Arrest of defendant by surety on violation of conditions--Recommitment and discharge of surety.
§ 23A-43-30 (Rule 46(g)) Court supervision to eliminate unnecessary detention.
§ 23A-43-31 Failure to appear after release as forfeiture of security--Felony or misdemeanor.
§ 23A-43-32 Contempt powers of courts unimpaired.

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