16-2-42. Waiver of surcharge--Conditions.The surcharge provided for in §16-2-39 may be waived in the manner provided for in §§16-2-29.2 to 16-2-29.4, inclusive. If a fine is suspended in whole or in part, the surcharge provided for in §16-2-41 may not be reduced. However, the judge may waive all or any part of the payment of the surcharge which would work a hardship on the person convicted or on his immediate family. Source: SL 1990, ch 151, §5.
South Dakota Legal Code