1. Applicable Statutes

South Dakota Codified Laws, Title 58: Insurance, Chapter 58-22: Bail Bondspersons

South Dakota Codified Laws Title 23A: Criminal Procedure, Chapter 23A-43 (Rule 46) Bail.

The regulatory body is the Division of Insurance.

2. Licensing Requirements

Bondsmen must comply with the following for licensure: [SDCL § 58-22-6, 7]

•  Be at least 21 years old

•  Be a citizen of the United States

•  Be a resident of South Dakota for the preceding year

•  Have not pled guilty or nolo contendere to a felony or to any crime involving moral turpitude (this requirement may be waived by the Director of the Division of Insurance if three years have lapsed since the completion of the sentence imposed in connection with the violation)

•  Submit appropriate forms and fees

•  Submit photograph and fingerprints

•  Take and pass examination and pay requisite examination fees. [SDCL § 58-22-16, 17]

3. Notice of Forfeiture

Upon a showing that there has been a material breach of a condition of release without good cause, the court shall declare a forfeiture of the bond, if any, and shall enter an order revoking the conditions of release. If the defendant is not in custody, the court shall direct the clerk to issue a warrant for the defendant's arrest. The defendant shall remain in custody until discharged by due course of law. [SDCL § 23A-43-21]

The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors at their last known addresses. [SDCL § 23A-43-23]

4. Forfeiture to Judgment

When a forfeiture has not been set aside, a court shall on motion enter a judgment of default, and execution may issue thereon. [SDCL § 23A-43-23]

(There is no stated time between forfeiture and judgment)

5. Defenses to Forfeiture

A court may direct that a forfeiture be set aside, upon such conditions as it may impose, if it appears that justice does not require enforcement of the forfeiture.

[SDCL § 23A-43-22]

6. Remission

After entry of a judgment, a court may remit the bond in whole or in part under such conditions as it may impose, if it appears that justice does not require the enforcement of the forfeiture. [SDCL § 23A-43-23]

7. Bail Agent's Arrest Authority

Any defendant who is released on the execution of an appearance bail bond with one or more sureties may, if he violates the conditions of his release, in vacation, be arrested by his surety, delivered to a law enforcement officer, and brought before any committing magistrate. At the request of such surety, the committing magistrate shall recommit the defendant to the custody of the law enforcement officer, and endorse on the recognizance, or certified copy thereof, the discharge and exoneretur of the surety. The person so committed shall be held in custody until discharged by due course of law. [SDCL § 23A-43-29]

8. Other Noteworthy Provisions

Every insurer shall annually, prior to May first, furnish the director a list of all surety bondsperson appointed by it to write bail bonds on its behalf accompanied by a renewal fee of ten dollars for each bondsperson being reappointed. Every such insurer who subsequently appoints a surety bondsperson in the state shall give notice to the director along with a written application for license for bondspersons accompanied by a ten-dollar appointment fee. All such appointments are subject to the issuance of a license to such surety bondsperson. [SDCL § 58-22-8]

9. Noteworthy Appellate Decisions

State v. Shadbolt , 590 N.W.2d 231 (S.D. 1999).

Defendant (Shadbolt) was self-employed as a private investigator. One of the services he performed as an investigator was to contract with bail bondsman in the Sioux Falls area to help locate and apprehend people who were out on bond and failed to appear in court. However, Shadbolt was not licensed as a bail bondsman or "runner" to perform such services. Defendant was convicted in the Circuit Court of aggravated assault, and he appealed. The Supreme Court held that defendant was not entitled to instruction on authority of bail bondsman to use reasonable force to effect arrest because he was not a licensed bail bondsman or runner. The conviction was upheld.

State v. Krage , 404 N.W.2d 524 (S.D. 1987).

Bond obligors filed motion to set aside bond forfeiture. The Circuit Court ordered that portion of bond representing deposit for dismissed count should be returned but denied motion for portion of bond representing count under which defendant was convicted. Obligors appealed. The Supreme Court held that: (1) the Supreme Court had jurisdiction to hear the appeal; (2) issue concerning whether obligors' motion was untimely was not preserved for appeal; (3) all requirements for notice of hearing on petition for default judgment under statutes governing bond forfeitures were waived by actions of the obligors; and (4) it was not clear abuse of discretion to refuse to set aside entire forfeiture. Affirmed and remanded.

10. Bounty Hunter Provisions

In South Dakota, a “runner” is the closest equivalent to a bounty hunter.

A "Runner" shall mean a person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required or to assist in apprehension and surrender of defendant to the court, or keeping defendant under necessary surveillance. This does not affect the right of a bail bondsman to hire counsel or to ask assistance of law enforcement officers. [SDCL § 58-22-1]

In addition to the other requirements outlined for bondsmen, an applicant for a license to serve as a runner shall affirmatively show: [SDCL § 58-22-12]

• That the applicant is a natural person who has reached the age of twenty-one years;
• That the applicant is a citizen of the United States and has been a bona fide resident of this state for more than one year last past;
• That each appointing bail bondsperson is obligated to supervise the applicant's activities, and be responsible for the applicant's conduct in the bail bond business; and
• That the applicant has not been convicted of, nor has pled guilty or nolo contendere to, a felony or of any crime involving moral turpitude. The director of the Division of Insurance may waive the restriction relating to the conviction of, or plea of guilty or nolo contendere to, a felony or a crime involving moral turpitude if three years have elapsed since completion of the sentence imposed by the court in connection with the violation.
• Each runner's application shall be accompanied by a license fee of thirty dollars and an appointment fee of ten dollars for each bail bondsperson employing the applicant and shall be submitted to the director with each application for a license to serve as a runner, together with fingerprints and photograph. The employing bail bondsperson is responsible for submitting the application and appointment fee. [SDCL § 58-22-13]

•  Each runner must take and pass an examination and pay requisite examination fees. [SDCL § 58-22-16, 17]

Every person duly licensed as a bail bondsperson may appoint as a runner any person who holds or has qualified for a runner's license. Each bail bondsperson appointing a runner in this state shall file with, and obtain approval from the director for each appointment which shall be in a format prescribed by the director, and pay a fee of ten dollars. The appointment is effective upon the date it is processed by the Division of Insurance. The director may deny an appointment for reasons of protection of the public health, welfare, or safety, including the following:

• The runner to be appointed is not properly licensed;
• An investigation or administrative action concerning the runner or bail bondsperson by the Division of Insurance is eminent or on-going;
• Material omission, misstatement, misrepresentation, or fraud in applying for the appointment; or
• Conviction of, or a plea of guilty or nolo contendere to, a felony or any crime involving moral turpitude.

The director shall give written notice to the bail bondsperson of approval, denial, or delay of a runner's appointment within thirty days of the bail bondsperson filing the appointment and shall send a copy of the notice to the runner. [SDCL § 58-22-22]

Each bail bondsperson shall, on or before May first of each year, furnish to the director a list of all runners appointed, accompanied by a ten dollar reappointment fee for each runner. Each bail bondsperson who, subsequent to the filing of this list, appoints additional persons as runners shall comply with the requirements of this section. [SDCL § 58-22-52]