Section 21-27-9.2 - Production of applicant--Payment of expenses--Applicant in state hospital orpenitentiary. - South Dakota Statutes

21-27-9.2. Production of applicant--Payment of expenses--Applicant in state hospital or penitentiary. The officer or person upon whom the writ of habeas corpus is served shall produce the body of the applicant before the court at the hearing of the cause of imprisonment or detainer. If the applicant is in the custody of a civil officer, the court or judge who granted the writ shall determine the expense of bringing the applicant to court, which shall be paid prior to the hearing. Security shall be given to pay the charges for carrying him back, if he is remanded. If the applicant is confined in the state penitentiary or state hospital, an order shall be issued commanding the sheriff of the county in which the application is made to take custody of the applicant during the pendency of any proceedings before the court and to transport the applicant from and return the applicant to the state penitentiary or state hospital if he is not released.

Source: SL 1983, ch 169, § 9; SL 1984, ch 161, § 2.