25-10-40.   Restrictions on release of person charged with domestic abuse. No police officer or sheriff may release a person charged with assaulting a family or household member, as defined in subdivision 25-10-1(2), or violating a protection order, as provided for in this chapter, without providing notice to a committing magistrate judge or circuit court. A committing magistrate judge or circuit court shall determine if bond or other conditions of release are necessary for the protection of the alleged victim.

Source: SL 1985, ch 199, § 1; SDCL § 23A-43-4.1; SL 2002, ch 19, § 1.

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