23A-14-17. Placement of witness in custody of officer from other state.If the certificate described in §23A-14-16 recommends that a witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, the judge to whom the certificate is presented may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him for the hearing. If the judge at the hearing is satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, he may in lieu of issuing a subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state. Source: SDC 1939 & Supp 1960, §34.2502; SDCL, §23-40-17; SL 1978, ch 178, §189.
South Dakota Legal Code