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Codified Laws

CHAPTER 7-12

SHERIFF

7-12-1    Sheriff to preserve the peace--Apprehension of felons--Execution of process.

7-12-2    Office at county seat--Service and posting of notices.

7-12-3    Attendance on courts and county commissioners.

7-12-4    Compliance with attorney general's orders--Enforcement of laws.

7-12-5    Information furnished to attorney general and state's attorney--Assistance in prosecution of offenses.

7-12-6    Deputy sheriff to act on disqualification or incapacity of sheriff--Coroner to serve papers on sheriff.

7-12-7    Designation of circuit court commissioner to act in absence, inability, or disqualification of sheriff and coroner.

7-12-8    7-12-8. Repealed by SL 1985, ch 15, § 3.

7-12-9    Deputies, jailers, and clerks authorized by county commissioners--Compensation.

7-12-10    Appointment and removal of deputies, jailers, and clerks--Oath and bond.

7-12-10.1    Civil service system for deputies in large county--Features of system--Repeal or modification.

7-12-11    Responsibility of sheriff for deputies, jailers, and clerks--Summary relief from duties.

7-12-12    Vehicles and equipment furnished to sheriff by county--Mileage payments not made.

7-12-13    Payment of expenses where vehicle furnished by county.

7-12-14    County reimbursement of expenses on official business.

7-12-15    Sheriff's salary schedule.

7-12-16    7-12-16. Repealed by SL 1985, ch 15, § 3.

7-12-17    Mileage and food allowances unaffected by salary provisions--Deduction for housing furnished by county.

7-12-18    Fees and traveling expenses chargeable by sheriff.

7-12-18.1    Uncollectable fees removed as assets of county.

7-12-19    7-12-19. Repealed by SL 1981, ch 44, § 9.

7-12-19.1    Fees paid to sheriff--Remittance to county treasurer.

7-12-20    Endorsement of fees for service of process for state--Fees not required of county.

7-12-21    Reimbursement of travel expense outside county.

7-12-22    Prisoner transportation expenses--State reimbursement.

7-12-23    Reimbursement for taking prisoner before judge.

7-12-24    Prisoner transportation allowances not considered fees for salary purposes.

7-12-25    Fees deposited in general fund.

7-12-25.1    Fees deposited in joint law enforcement fund if joint commission exists in county.

7-12-26    County payment of judgments against sheriff and deputies.

7-12-26.1    Purchase of liability insurance for sheriff, deputies, and employees.

7-12-27    Reimbursement of sheriff and deputies paid from county general fund.

7-12-28    Failure to perform duty or account for fees as misdemeanor.

7-12-29    Taking and holding animal suspected of being dangerous--Formal determination--Disposal of dangerous animal.



7-12-1Sheriff to preserve the peace--Apprehension of felons--Execution of process.

The sheriff shall keep and preserve the peace within the county. The sheriff may call to aid any person or power of the county as the sheriff deems necessary. The sheriff shall pursue and apprehend all felons, and shall execute all writs, warrants, and other processes from any court or magistrate for which the sheriff has the legal authority.

Source: SL 1874-5, ch 27, § 68; PolC 1877, ch 21, § 65; CL 1887, § 661; RPolC 1903, § 896; RC 1919, § 5956; SDC 1939, § 12.1001; SL 2016, ch 44, § 21.



7-12-2Office at county seat--Service and posting of notices.

The sheriff shall keep the office at the county seat, serve or post all notices received from the county auditor or the board of county commissioners, and perform other duties as prescribed by law.

Source: SL 1874-5, ch 27, § 69; PolC 1877, ch 21, § 66; CL 1887, § 662; RPolC 1903, § 897; RC 1919, § 5958; SDC 1939, § 12.1001; SL 2016, ch 44, § 22.



7-12-3Attendance on courts and county commissioners.

The sheriff shall attend the sessions of the circuit court and the sessions of the board of county commissioners when required by the board to attend.

Source: SL 1874-5, ch 27, § 68; PolC 1877, ch 21, § 65; CL 1887, § 661; RPolC 1903, § 896; RC 1919, § 5956; SDC 1939, § 12.1001; SL 1981, ch 44, § 8.



7-12-4Compliance with attorney general's orders--Enforcement of laws.

The sheriff shall comply with all orders of the attorney general and at all times, whether on duty under the call of the attorney general or not. The sheriff shall faithfully execute and enforce all the laws of this state and especially all laws relating to alcoholic beverages.

Source: SL 1917, ch 355, § 7; RC 1919, § 5957; SDC 1939, § 12.1002; SL 2016, ch 44, § 23.



7-12-5Information furnished to attorney general and state's attorney--Assistance in prosecution of offenses.

The sheriff shall furnish to the attorney general from time to time any information regarding conditions in the county that may be required. The sheriff shall pursue all violations of the criminal laws of this state, notify the state's attorney of violations, collect preliminary information, file criminal complaints, and arrest and assist in the prosecution of persons charged.

Source: SL 1917, ch 355, § 7; RC 1919, § 5957; SDC 1939, § 12.1002; SL 2016, ch 44, § 24.



7-12-6Deputy sheriff to act on disqualification or incapacity of sheriff--Coroner to serve papers on sheriff.

If the sheriff is sued, the coroner shall serve the papers on the sheriff. The return on all papers served by the coroner has the same credit as the sheriff's return. The coroner shall receive the same fees as the sheriff receives for like services.

If the sheriff is disqualified or incapacitated, a deputy sheriff shall exercise the powers and duties of the office of sheriff so far as such disqualification or incapacity of the sheriff is required or needed.

Source: SL 1874-5, ch 27, § 88; PolC 1877, ch 21, § 67; CL 1887, § 663; RPolC 1903, § 898; RC 1919, § 5968; SDC 1939, § 12.1101; SL 1968, ch 16, § 3; SL 2016, ch 44, § 25.



7-12-7Designation of circuit court commissioner to act in absence, inability, or disqualification of sheriff and coroner.

When both the sheriff and the coroner are absent, disqualified, or otherwise incapacitated, the circuit court in the circuit in which the county is located may, by order, designate any voter as a commissioner of the court to perform the duties required from a sheriff or coroner in any particular case.

Source: SDC 1939, § 12.1101; SL 1968, ch 16, § 3.



7-12-8
     7-12-8.   Repealed by SL 1985, ch 15, § 3.



7-12-9Deputies, jailers, and clerks authorized by county commissioners--Compensation.

If in the judgment of the board of county commissioners, it shall be necessary for the prompt dispatch of business in the office of the sheriff that one or more deputies, jailers or clerks be appointed therein, the board shall by resolution fix the number of such deputies, jailers or clerks and the compensation which they shall receive. The salary of each clerk, jailer and deputy shall be paid out of the county general fund.

Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1009; SL 1955, ch 20; SL 1963, ch 40, § 4.



7-12-10Appointment and removal of deputies, jailers, and clerks--Oath and bond.

The appointment or removal of each deputy, jailer, and clerk shall be made by the sheriff. Each appointment or removal shall be in writing and filed with the county auditor. Each deputy, jailer, and clerk shall qualify by subscribing the official oath and shall give such bond to the board of county commissioners for the discharge of his duties as the board of county commissioners may require.

Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1009; SL 1955, ch 20; SL 1963, ch 40, § 4; SL 1989, ch 66.



7-12-10.1Civil service system for deputies in large county--Features of system--Repeal or modification.

A county with a population of seventy-five thousand or more may adopt an ordinance establishing a civil service system for its county deputy sheriffs, and provide for the appointment of a civil service board, and prescribe its powers, duties, and compensation. The civil service system shall provide for the suspension or removal of any deputy sheriff for cause, subject to review and affirmance, reversal, or modification of such action by the civil service board. The deputy sheriff may request a hearing before the board at which he may be present in person or by counsel. The ordinance may be repealed or modified by a majority vote of the county commission.

Source: SL 1979, ch 42.



7-12-11Responsibility of sheriff for deputies, jailers, and clerks--Summary relief from duties.

The sheriff is responsible for the acts of each deputy, jailer, and clerk in the performance of the duties of the sheriff's office. The sheriff may summarily relieve any deputy, jailer, or clerk of any or all official responsibilities and duties.

Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1009; SL 1955, ch 20; SL 1963, ch 40, § 4; SL 2016, ch 44, § 26.



7-12-12Vehicles and equipment furnished to sheriff by county--Mileage payments not made.

Any county may, at the discretion of the board of county commissioners, furnish any motorcycle, automobile, truck or other vehicle, uniforms and other equipment to the sheriff or his deputies, or both, for law enforcement purposes only. In those counties furnishing motor vehicles, notwithstanding the provisions of this chapter for mileage payments in lieu of expenses, no mileage payments may be paid to sheriffs, deputy sheriffs or other county law enforcement personnel for whom motor vehicles are furnished.

Source: SDC 1939, § 12.1012 as enacted by SL 1963, ch 40, § 7; SL 1970, ch 47.



7-12-13Payment of expenses where vehicle furnished by county.

The sheriff, deputies, and other law enforcement officials of any county which furnishes motor vehicles for law enforcement purposes shall present itemized vouchers showing all receipted expenses, to be approved by the board of county commissioners, for payment by the county treasurer from the county general fund.

Source: SDC 1939, § 12.1012 as enacted by SL 1963, ch 40, § 7.



7-12-14County reimbursement of expenses on official business.

Reimbursement by counties for all necessary and reasonable expenses incurred by county law enforcement personnel while on official business shall be made, including mileage reimbursement for such personnel for whom motor vehicles are not furnished; such reimbursement may not be impaired by §§ 7-12-12 and 7-12-13.

Source: SDC 1939, § 12.1012 as enacted by SL 1963, ch 40, § 7.



7-12-15Sheriff's salary schedule.

The board of county commissioners shall establish, by resolution, the salary payable to the sheriff. The salary payable may not be less than the following schedule based upon the most recent decennial federal census of population of counties.

County Population

Salary Schedule

Below 10,000

$41,256

10,000-14,999

$44,723

15,000-24,999

$46,110

25,000-69,999

$51,657

70,000 and over

$56,163

The board of county commissioners may not decrease the salary of the sheriff during consecutive terms of office of the sheriff. Any sheriff having responsibility for managing a full-time jail shall receive an additional ten percent added to the base salary listed in this section.

Source: SDC 1939, § 12.1011; SL 1947, ch 36; SL 1951, ch 23, § 2; SL 1957, ch 21; SL 1959, ch 28; SL 1963, ch 40, § 6; SL 1966, ch 23, § 1; SL 1968, ch 13; SL 1969, ch 22; SL 1972, ch 44, § 1; SL 1974, ch 62; SL 1975, ch 77, § 1; SL 1977, ch 59, § 3; SL 1978, ch 53, § 5; SL 1979, ch 41, § 1; SL 1980, ch 53, § 3; SL 1981, ch 52; SL 1982, ch 61, § 1; SL 1983, ch 39, § 3; SL 1984, ch 44, § 3; SL 1985, ch 46, § 3; SL 1986, ch 63, § 3A; SL 1988, ch 70, § 1; SL 1991, ch 57, § 1; SL 2002, ch 42, §§ 1, 3; SL 2007, ch 37, § 7, eff. Jan. 1, 2008; SL 2007, ch 37, § 8, eff. Jan. 1, 2009; SL 2013, ch 31, § 7, eff. Jan. 1, 2014; SL 2013, ch 31, § 8, eff. Jan. 1, 2015.



7-12-16
     7-12-16.   Repealed by SL 1985, ch 15, § 3.



7-12-17. Mileage and food allowances unaffected by salary provisions--Deduction for housing furnished by county.

Section 7-12-15 may not be construed to change the reimbursement of the sheriff for costs of mileage incurred while on official business or to change the fee received by the sheriff for the costs of food for boarding of prisoners. If housing and utilities are furnished by a county to the sheriff, the county board of commissioners may establish a reasonable value for such quarters, based upon the general level of housing accommodation rentals prevailing at the county seat, and deduct from the regular salary of the sheriff an equivalent amount therefor.

Source: SDC 1939, § 12.1011 as added by SL 1963, ch 40, § 6; SL 1966, ch 23, § 1; SL 1968, ch 13; SL 1969, ch 22; SL 2021, ch 37, § 1.



7-12-18. Fees and traveling expenses chargeable by sheriff.

The sheriff shall charge and remit the following:

(1)    For serving an order of arrest with commitment or bail bond and return, twenty-five dollars;

(2)    For serving summons, complaint, warrant of attachment, affidavit, notice and undertaking in claim and delivery, or injunction, order to show cause, citation, or other process, and return of the instrument, fifty dollars for all such process or instruments served at the same time upon the same person regardless of the capacities in which such person is served. However, for all such process or instruments served upon another such person at approximately the same time at the same place, ten dollars;

(3)    For serving subpoena for witness, each person, twenty dollars;

(4)    For traveling expenses in a motor vehicle, a mileage allowance of eight cents above the rate set pursuant to § 3-9-1 for each mile actually and necessarily traveled by motor vehicle. For traveling expenses in a private plane, a mileage allowance of ten cents above the rate set pursuant to § 3-9-1 for each mile actually and necessarily traveled by private plane. However, actual cost may be paid for travel by train, bus, plane, or other commercial vehicle;

(5)    For serving writ of execution and return of the instrument, whether satisfied or unsatisfied, ninety-five dollars;

(6)    For levying writ of possession, fifty dollars. However, if the sale of the property levied upon is not subsequently held, the actual costs or expenses associated with levying writ of possession shall be paid;

(7)    For advertisement of sale in newspaper, in addition to printing, twenty-five dollars;

(8)    For posting notices of sale of real property, twenty-five dollars, and mileage;

(9)    For executing writ or order of partition, twenty-five dollars;

(10)    For making deed for land sold on execution or order of sale, one hundred dollars except no fee is charged when the deed only requires the sheriff's signature;

(11)    In addition to the applicable fees and expenses, a commission of six percent on all money received and disbursed by the sheriff on execution or order of sale, order of attachment, decree or on sale of real property or personal property. However, in no case may the commission be less than fifty dollars or more than three thousand five hundred dollars. If the execution or order of sale is a foreclosure of a real estate mortgage, the commission may not be more than one thousand five hundred dollars. The commissions shall be included as a part of the cost of execution, order of sale, order of attachment, decree, or on sale of real or personal property, which shall be paid by the debtor out of the proceeds. However, in each case of redemption prior to the sale, the sheriff is entitled to the commission as stated above, to be paid by the redemptioner as a cost of the redemption;

(12)    For a case in the circuit court, if a person, in whose favor an execution or order of sale is issued, bids on the property sold on execution or decree, the sheriff or officer making the sale shall receive the following compensation: if the amount for which the property is bid on is one thousand dollars or less, the sum of forty dollars; and if the amount for which the property is bid on is more than one thousand dollars, the sum of one hundred dollars;

(13)    For making a sale of real property under a foreclosure of mortgage by advertisement, the same fees as for the sale of real property under a judgment of foreclosure and sale of real property; and

(14)    If personal property is taken by the sheriff on execution or warrant of attachment and applied in the satisfaction of the debt without sale, the same percentage on the appraised value of the property as in the case of a sale and all additional reasonable and necessary costs and expenses incurred in executing the duties of sheriff including expenses associated with the removal of property from the premises.

No fee may be charged in any action under § 25-10-3, 25-10-6, 22-19A-8, or 22-19A-12.

The fees established pursuant to this section shall be used for law enforcement purposes.

Source: SDC 1939, § 12.1003; SL 1947, ch 35; SL 1957, ch 20; SL 1959, ch 26; SL 1963, ch 40, § 2; SL 1967, ch 16; SL 1969, ch 21; SL 1970, ch 48; SL 1973, ch 46; SL 1974, ch 63; SL 1974, ch 153, § 2; SL 1975, ch 78; SL 1976, ch 71, §§ 1 to 5, 7 to 9; SL 1977, ch 62; SL 1978, ch 57; SL 1978, ch 58, § 1; SL 1981, ch 53; SL 1982, ch 66; SL 1985, ch 204, § 2; SL 1990, ch 54; SL 1996, ch 52; SL 1998, ch 42, § 1; SL 2002, ch 129, § 4; SL 2007, ch 38, § 1; SL 2016, ch 47, § 11; SL 2024, ch 20, § 7.



7-12-18.1Uncollectable fees removed as assets of county.

Any fee that is charged by a sheriff and is outstanding for three or more years which the sheriff determines is uncollectable may, with the majority approval of the board of county commissioners, be removed as an asset of the county.

Source: SL 1987, ch 70.



7-12-19
     7-12-19.   Repealed by SL 1981, ch 44, § 9.



7-12-19.1Fees paid to sheriff--Remittance to county treasurer.

Any person who is charged any fee and traveling expenses by a sheriff shall make payment to the county sheriff including, but not limited to, the fees provided in § 7-12-18. The sheriff shall keep a record of all fees collected and remit the fees to the county treasurer in accordance with the timeframe established by the county commission.

Source: SL 1978, ch 58, § 2; SL 1981, ch 54; SL 1999, ch 32, § 4.



7-12-20Endorsement of fees for service of process for state--Fees not required of county.

If any sheriff or other officer serves any summons, subpoena, bench warrant, venire, or other process in any action to which the state is a party, the officer shall endorse upon the writ or process or upon a paper attached thereto, at the time of the return of service thereon, a statement of the fees for the service, the number of miles traveled, and the amount of mileage. If the sheriff fails to make the return with the statement and file the return with the clerk of the court from which the process issued before judgment is pronounced in the action to which the process relates, the sheriff may not receive any fee for the service. The county commissioners of the county where the service is performed are also prohibited from allowing the reimbursement. No fee may be required of a county, its officers, or board of county commissioners in any action commenced by the county.

Source: SL 1883, ch 54, § 1; CL 1887, § 1413; RPolC 1903, § 1834; RC 1919, § 5959; SDC 1939, § 12.1005; SL 1984, ch 161, § 6; SL 2016, ch 44, § 27.



7-12-21Reimbursement of travel expense outside county.

For all necessary expenses incurred as a result of official travel outside the county, not specifically provided for in § 7-12-18, reimbursement shall be made by the board of county commissioners upon presentation of properly itemized vouchers.

Source: SDC 1939, § 12.1007 as added by SL 1963, ch 40, § 3; SL 1968, ch 12; SL 1984, ch 161, § 4.



7-12-22Prisoner transportation expenses--State reimbursement.

The county shall pay all necessary expenses, including travel, incurred in the transportation of adult and juvenile prisoners to state correctional institutions. The county may be reimbursed by the state from funds appropriated for such purpose.

Source: SDC 1939, § 12.1007; SL 1959, ch 27; SL 1963, ch 40, § 3; SL 1968, ch 12; SL 1974, ch 64; SL 1975, ch 83, § 1; SL 1989, ch 20, § 64; SL 1996, ch 53, § 1; SL 1996, ch 172, § 72; SL 1999, ch 35, § 1.



7-12-23. Reimbursement for taking prisoner before judge.

If any person accused of a public offense is taken before a judge in chambers for the purpose of entering a plea of guilty and receives a state incarceration sentence, the county where the alleged offense was committed shall reimburse the sheriff pursuant to §§ 7-12-21 and 7-12-22.

If a state incarceration sentence is not imposed, the county where the alleged offense was committed shall reimburse the sheriff for the actual expenses for conveying the person to and from the judge by the nearest traveled route.

Source: SL 1913, ch 161, § 3; RC 1919, § 5964; SDC 1939, § 12.1008; SL 2016, ch 47, § 10; SL 2023, ch 82, § 5.



7-12-24Prisoner transportation allowances not considered fees for salary purposes.

Reimbursement for expenses paid to the sheriff under §§ 7-12-21 and 7-12-22 may not be considered fees within the meaning of §§ 7-12-15 to 7-12-17, inclusive.

Source: SDC 1939, § 12.1007 as added by SL 1963, ch 40, § 3; SL 1968, ch 12.



7-12-25Fees deposited in general fund.

The sheriff is hereby authorized and directed to remit to the county treasurer all fees collected for deposit in the county general fund.

Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1010; SL 1951, ch 23, § 1; SL 1963, ch 40, § 5.



7-12-25.1Fees deposited in joint law enforcement fund if joint commission exists in county.

Notwithstanding § 7-12-25, all fees and travel expenses charged by the sheriff under the provisions of § 7-12-18 shall be deposited in a fund known as the "joint law enforcement fund," for use only by the joint municipal-county law enforcement commission if such commission exists in the county.

Source: SL 1977, ch 63; SL 1978, ch 58, § 3.



7-12-26County payment of judgments against sheriff and deputies.

All judgments rendered against the sheriff, deputies, and clerks by reason of any official duties performed by the sheriff, deputies, and clerks shall be paid by the board of county commissioners.

Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1010; SL 1951, ch 23, § 1; SL 1963, ch 40, § 5.



7-12-26.1Purchase of liability insurance for sheriff, deputies, and employees.

Each board of county commissioners may purchase and pay premiums on insurance covering and insuring the sheriff and each deputy and employee of the sheriff. The insurance shall insure against personal liability as a result of errors and omissions in the performance of official duties. The premiums shall be paid from the county general fund.

Source: SL 1970, ch 54; SL 2010, ch 36, § 1.



7-12-27Reimbursement of sheriff and deputies paid from county general fund.

All claims for reimbursement of the sheriff, deputies, and clerks arising from official duties of such county officials, as provided by law, shall be paid from the general fund of the county by the board of county commissioners.

Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1010; SL 1951, ch 23, § 1; SL 1963, ch 40, § 5.



7-12-28Failure to perform duty or account for fees as misdemeanor.

Every sheriff who intentionally fails or refuses to perform any official duty for which a fee is prescribed by law, or who fails or refuses to render a full and true report to the county of all fees charged by his office, is guilty of a Class 1 misdemeanor.

Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.9911; SL 1978, ch 58, § 4; SL 1981, ch 43, § 6.



7-12-29Taking and holding animal suspected of being dangerous--Formal determination--Disposal of dangerous animal.

The sheriff may take possession of any animal suspected of being dangerous. The sheriff may hold such animal until a formal determination can be made of the extent of the danger such animal poses. If the animal has attacked or bitten a human or an animal pet, the formal determination shall include consultation with the department of health for the purposes of rabies control. The sheriff may dispose of any animal so determined to be dangerous.

Source: SL 1988, ch 71.