CHAPTER 128
(HB 1070)
Court services officers may arrest probation violators.
ENTITLED, An Act to
provide for the arrest and detention of certain probationers believed to be
in violation of their probation conditions by court service officers or law enforcement officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
23A-27-21
be amended to read as follows:
23A-27-21.
The court services officer shall immediately submit to the court having jurisdiction
of a case the failure of any person in his charge to comply with his directives or with any
conditions imposed by the court. Whenever the court services officer is satisfied that for any reason
the purposes or objects of a court's suspension or probation are not being served, or when it
appears to him necessary in order to prevent escape or enforce discipline, he may, without order
or warrant, take and detain a probationer and place him in custody and shall immediately submit
to the court having jurisdiction of the case such fact, together with reasons why he believes the
purposes and objects of such suspension or probation are not being served. The court shall
thereupon consider the recommendations of the court services officer and make suitable
disposition thereof which may include revocation of probation or suspension.
A court services
officer may arrest and take into custody a person on probation or suspended sentence without a
warrant if that court services officer has probable cause to believe that:
(1) The person has violated the terms and conditions of suspension or probation;
(2) The person has failed to comply with the court services officer's documented directives;
(3) The purpose or objects of suspension or probation are not being served; or
(4) The arrest or taking into custody appears necessary in order to prevent escape or enforce
discipline.
Section
2.
That chapter
23A-27
be amended by adding thereto a NEW SECTION to read as
follows:
A court services officer may issue a verbal or written order authorizing a law enforcement
officer to aid a court services officer in making an arrest or taking a person into custody pursuant
to
§
23A-27-21.
Section
3.
That chapter
23A-27
be amended by adding thereto a NEW SECTION to read as
follows:
If a court services officer has probable cause to believe a person on probation has violated the
terms and conditions of probation, the court services officer may issue a detainer authorizing
anyone having the person in custody to detain the person for up to forty-eight hours, excluding
Saturdays, Sundays, and holidays, for the purpose of obtaining a warrant, revocation, bond hearing,
or court order. The person shall be released after forty-eight hours, excluding Saturdays, Sundays,
and holidays, unless a warrant or court order for further detention has been issued.