Motion for Bail Reduction - South Dakota

STATE OF SOUTH DAKOTA

IN CIRCUIT COURT

[NUMBER] JUDICIAL CIRCUIT

[COUNTY] COUNTY

Case No. [CASE NUMBER]

MOTION TO MODIFY AND REDUCE

CONDITIONS OF PRETRIAL RELEASE

Defendant [DEFENDANT NAME], through counsel, asks the Court to reconsider and modify the current release terms under SDCL chapter 23A-43.

I. PROCEDURAL BACKGROUND

1. Defendant was arrested on [DATE] and charged with [CHARGES AND STATUTES].
2. On [DATE], [MAGISTRATE / COURT] ordered [PERSONAL RECOGNIZANCE / UNSECURED BOND / CONDITIONS / TYPE AND AMOUNT OF SECURED BOND].
3. Defendant has remained in custody since [DATE] because [INABILITY TO MEET THE CONDITIONS / OTHER REASON].
4. Defendant requests [PERSONAL RECOGNIZANCE / UNSECURED BOND / FIRST SUFFICIENT CONDITION IN THE § 23A-43-3 SEQUENCE / REDUCED BOND].
5. The information supporting modification includes [FINANCIAL RECORDS / VERIFIED RESIDENCE / EMPLOYMENT / APPEARANCE HISTORY / MENTAL HEALTH ASSESSMENT / PROPOSED SUPERVISOR / OTHER EVIDENCE].

II. CURRENT GOVERNING LAW

Article VI, Section 8 of the South Dakota Constitution provides that all persons are bailable by sufficient sureties except for capital offenses when the proof is evident or presumption great. Article VI, Section 23 prohibits excessive bail.

Except for a death-punishable charge or a defendant currently released on a personal-recognizance bond, SDCL § 23A-43-2 directs release on personal recognizance or an unsecured appearance bond unless the court determines that release will not reasonably assure appearance or that Defendant may pose a danger to another person or the community.

If recognizance or an unsecured bond will not reasonably assure appearance, § 23A-43-3 requires the court to impose the first condition in the statutory sequence that will reasonably assure appearance, or a combination if no single condition will do so:

1. Custody of a designated person or organization agreeing to supervise Defendant;
2. Restrictions on travel, association, or residence;
3. A mental-health assessment by a specified date and compliance with treatment recommendations, after consideration of available funding;
4. An appearance bond secured by cash or other directed security not exceeding ten percent of the bond, returnable upon performance of the release conditions;
5. A bail bond with sufficient solvent sureties or cash in lieu of a bail bond; or
6. Another condition reasonably necessary to assure appearance, including return to custody after specified hours.

Section 23A-43-4 requires consideration of available information concerning:

• The nature and circumstances of the charge;
• The weight of the evidence;
• Family ties;
• Employment;
• Financial resources;
• Character and mental condition;
• Any mental-health-assessment results;
• Length of residence in the community;
• Conviction history;
• Appearance, flight, and failure-to-appear history; and
• Risk of flight or danger to any person or the community.

Under § 23A-43-5, pretrial release ordinarily continues on the same terms until a guilty plea or verdict unless the court determines that other terms, conditions, or termination are necessary to ensure the orderly and expeditious progress of trial. If the terms are made more severe or release is terminated, the reasons must be stated on the record.

Section 23A-43-6 requires a release order to state the conditions imposed and requires that Defendant be advised of the penalties and immediate-arrest consequence for a violation.

III. FACTS SUPPORTING MODIFICATION

A. Personal recognizance or an unsecured bond will reasonably assure appearance.

• Residence and length of residence: [DETAILS]
• Family ties: [DETAILS]
• Employment: [DETAILS]
• Financial resources: [DETAILS]
• Character and mental condition: [DETAILS]
• Prior appearances, failures to appear, or flight: [DETAILS]
• Proposed supervisor or reporting plan: [DETAILS]

Explain why these facts support recognizance or an unsecured bond: [ANALYSIS].

B. The record does not establish that Defendant poses a danger requiring denial of the requested release.

The relevant charge, evidence, conviction history, mental-health information, and other safety-related facts are [DETAILS].

Explain why the record supports the requested release terms: [ANALYSIS].

C. If an additional appearance condition is necessary, the requested condition is the first sufficient option in § 23A-43-3.

Defendant proposes [DESIGNATED CUSTODIAN / TRAVEL, ASSOCIATION, OR RESIDENCE RESTRICTION / MENTAL-HEALTH ASSESSMENT AND FUNDED TREATMENT PLAN / TEN-PERCENT APPEARANCE BOND / OTHER OPTION].

Identify each earlier condition in the statutory sequence and explain why it is sufficient, unavailable, or inadequate: [ANALYSIS].

The present secured requirement is [AMOUNT AND FORM]. Defendant can meet [REQUESTED CONDITION] because [VERIFIED FINANCIAL AND PRACTICAL FACTS].

IV. REQUEST FOR RELIEF

Defendant respectfully requests that the Court:

1. Modify the current release terms to [PERSONAL RECOGNIZANCE / UNSECURED BOND / REQUESTED CONDITION];
2. If an additional appearance condition is required, use the first sufficient condition in the § 23A-43-3 sequence;
3. State the conditions in the release order and provide the advisements required by § 23A-43-6; and
4. Grant other relief authorized by law.

Respectfully submitted,

____________________________________
[ATTORNEY NAME] (South Dakota Bar No. [NUMBER])
[FIRM / OFFICE]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant

CERTIFICATE OF SERVICE

I certify that on [DATE], a true copy of this Motion and its attachments was served on [STATE'S ATTORNEY / OTHER REQUIRED RECIPIENT] by [METHOD AUTHORIZED BY APPLICABLE RULE OR COURT ORDER].

____________________________________
[ATTORNEY NAME]

PROPOSED ORDER

The Court has considered Defendant's Motion, the record, Article VI, Sections 8 and 23 of the South Dakota Constitution, and SDCL §§ 23A-43-2 to 23A-43-6.

IT IS ORDERED that the Motion is [GRANTED / DENIED].

If granted, Defendant shall be released on [TERMS].

The Court finds that [PERSONAL RECOGNIZANCE / UNSECURED BOND / THE IDENTIFIED CONDITION] will reasonably assure appearance and that [FINDINGS CONCERNING DANGER].

The Court has stated the conditions and advised Defendant as required by § 23A-43-6.

Date: _______________ _______________________________
Circuit Court Judge

OFFICIAL SOURCES

• S.D. Const. art. VI, § 8: https://sdlegislature.gov/api/Statutes/Constitution/6-8.html
• S.D. Const. art. VI, § 23: https://sdlegislature.gov/api/Statutes/Constitution/6-23.html
• SDCL § 23A-43-2: https://sdlegislature.gov/api/Statutes/23A-43-2.html
• SDCL § 23A-43-3: https://sdlegislature.gov/api/Statutes/23A-43-3.html
• SDCL § 23A-43-4: https://sdlegislature.gov/api/Statutes/23A-43-4.html
• SDCL § 23A-43-5: https://sdlegislature.gov/api/Statutes/23A-43-5.html
• SDCL § 23A-43-6: https://sdlegislature.gov/api/Statutes/23A-43-6.html