23A-27-21. Warrantless arrest and taking into custody of person on probation or with suspended sentence--Conditions.

A court services officer may arrest and take into custody a person on probation or suspended sentence without a warrant if that court services officer has probable cause to believe that:

(1)    The person has violated the terms and conditions of suspension or probation;

(2)    The person has failed to comply with the court services officer's documented directives;

(3)    The purpose or objects of suspension or probation are not being served; or

(4)    The arrest or taking into custody appears necessary in order to prevent escape or enforce discipline.

Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1957, ch 36, § 1; SL 1964, ch 33, § 6; SDCL, § 23-57-12; SL 1977, ch 198, § 12; SL 1978, ch 178, § 351; SL 1982, ch 28, § 20; SL 2005, ch 128, § 1.

23A-27-21.1. Court services officer--Order authorizing law enforcement officer to aid in arrest or taking into custody.

A court services officer may issue a verbal or written order authorizing a law enforcement officer to aid a court services officer in making an arrest or taking a person into custody pursuant to § 23A-27-21.

Source: SL 2005, ch 128, § 2.

23A-27-21.2. Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order.

If a court services officer has probable cause to believe a person on probation has violated the terms and conditions of probation, the court services officer may issue a detainer authorizing anyone having the person in custody to detain the person for up to forty-eight hours, excluding Saturdays, Sundays, and holidays, for the purpose of obtaining a warrant, revocation, bond hearing, or court order. The person shall be released after forty-eight hours, excluding Saturdays, Sundays, and holidays, unless a warrant or court order for further detention has been issued.

Source: SL 2005, ch 128, § 3.