Bennett County Sheriff's Office Inmate Bail & Bonds

A judge sets it, or sometimes a clerk magistrate does. Bennett sits in the Sixth Judicial Circuit, and both its magistrate court and circuit court run through one Clerk of Courts office, 202 Main, Martin, SD 57551, 605-685-6969.

Under SDCL 23A-4-1, an officer brings the person to a nearby magistrate, and the law's words are "without unnecessary delay." That can happen in a courtroom or by video. Nobody has to plead yet. The magistrate covers the charge, a lawyer, silence and release terms (SDCL 23A-4-3).

For lots of charges, the clerk can fix an amount on the spot from the circuit's printed schedule (SDCL 16-12C-10). Sixth Circuit judges who hold a bond hearing must write down why a bare promise to come back does or doesn't do the job.

South Dakota builds release like a ladder. The bottom rung comes first, and the judge only steps up when a lower rung won't get the person to court (SDCL 23A-43-2, 23A-43-3):

• Personal recognizance (PR). The person signs and promises to return, with zero dollars paid. An unsecured bond is a cousin of PR: the money is owed only after a skipped hearing.
• A watcher. Some trusted adult or agency vouches for the person.
• Fences. Limits on travel, company or address, and maybe mental health terms.
• A small deposit. Cash up to a tenth of the full amount, refunded when all terms are kept.
• Surety or the whole sum in cash. Either a licensed bail agent guarantees the full amount, or relatives put up all of it.
• Anything else needed, sobriety checks included.

Four factors guide the judge (SDCL 23A-43-4). Those are the offense, the weight of the proof, any psychiatric findings, and whether release would invite flight or endanger someone.

Bennett's circuit works from the 2027 bond schedule the Sixth Circuit adopted, live since July 1, 2026. Sample ranges a clerk may pick from:

• DUI, first offense: $225 to $1,000
• Most remaining Class 1 misdemeanors: $95 to $1,000
• Marijuana, two ounces or under: PR, no cash
• DUI, third time or more (a felony): $1,000 to $5,000
• Burglary, grand theft: $1,000 to $10,000
• Robbery, rape: $1,000 to $25,000
• Kidnapping, murder or first-degree manslaughter: the case goes straight to a judge
• Domestic abuse: bond is a judge's call alone

If a Class 2 misdemeanor isn't on the ticket table, a judge sets bond for it too. Your person's real figure comes from the Clerk of Courts, 605-685-6969, during weekday hours.

Yes. In these cases no deputy may simply release someone off the schedule. A magistrate or circuit judge gets notified and then rules on bond and conditions (SDCL 25-10-40). Typical conditions: stay out of the shared home, keep away from the alleged victim, skip alcohol and drugs, go to counseling (SDCL 25-10-41).

A strict silence applies until the first hearing. Until then, the person in Winner may not reach the alleged victim, nor any member of that home, and that covers calls, texts, letters and messages relayed through a cousin. Breaking it is a fresh Class 1 misdemeanor (SDCL 25-10-43). Families help most by refusing to play messenger. The Sheriff's Office answers questions at 605-685-6515.

After a DUI or another alcohol or drug arrest, a judge may make 24/7 Sobriety Program testing (SDCL 1-11-20) part of the release terms. Bennett runs its testing out of the Sheriff's Office, 201 State Street, Martin, SD 57551. Go to the north entrance, which serves only prisoners and program members.

• Breath (PBT): every morning 7:00 to 9:00 a.m., and every evening 7:00 to 9:00 p.m.
• Urine (UA): Mondays, Wednesdays and Fridays, 7:00 to 10:00 a.m.
• Cost: $1.00 per PBT, $10.00 per UA, and a $30.00 state fee owed within 30 days of starting.

Program rules: zero alcohol, no stepping inside a bar or any business selling liquor, no marijuana or street drugs, and pills only with a valid prescription. Hold off on mouthwash, toothpaste, cough syrup and tobacco for 15 minutes before blowing. Fail or miss a test and an arrest may follow, with no bond until a hearing. Questions: 605-685-6515.

The Winner City Jail's mailing address is 217 E 3rd St., Winner, SD 57580. Families in Martin should phone before heading over. A short plan:

1. Dial 605-842-3328. Name the prisoner and supply their date of birth.
2. Get the bond figure, plus the charge or charges it goes with.
3. Ask whether Winner's front desk takes the money or whether it must go to the Clerk of Courts in Martin.
4. Ask what kinds of money work at the counter, and what payee to write on a check.
5. Check whether a judge must sign off first, which is normal in domestic cases.
6. Carry ID that has your photo. Don't leave without a written receipt.

If the person walks out, line up a ride back from Winner.

This office holds the court's files and its money. The Sixth Circuit's written bond policy says cash bonds stay with the clerk until a judge signs a release. Find it at 202 Main, Martin, SD 57551, 605-685-6969. Doors are open 8:00 a.m. to noon and 12:30 to 4:30 p.m., Monday to Friday, Mountain time.

Clerk magistrates may also set bond under the schedule and take guilty pleas on small charges (SDCL 16-12C-10, 16-12C-11). Before driving in, ask three things: can bond be posted at this window, what payment works, and how quickly word reaches the Winner jail.

Payment rules can shift, so check with the jail at 605-842-3328 or the clerk at 605-685-6969 before you set out. If you pay cash in person, get a receipt. Don't drop cash in the mail.

South Dakota's court payment site, UJS ePayments, lets you pay restitution, court costs or fines with a card. Bail is a separate matter. One bonus: a case lookup there flags any active warrant. The site's smallest payment is $25 unless the balance is lower.

For a fee, a bondsperson guarantees the full bond, which comes due if the defendant skips court. Pierre's Division of Insurance licenses every one of them (SDCL 58-22): 124 South Euclid Avenue, 2nd Floor, Pierre, SD 57501, 605-773-3563. That office checks licenses and takes complaints.

• Unlicensed bonding can bring a Class 6 felony charge (SDCL 58-22-4).
• Jailers, deputies and police officers are barred from any profit tied to a bail bond (SDCL 58-22-3).
• Drumming up business in a cellblock is off limits to agents (SDCL 58-22-32).
• Have the agent write down the fee, any collateral and its return. Every payment or item you give the agent should come with a written receipt.
• A cousin or parent who signs as a personal surety gives a sworn property statement, and the judge decides whether it covers the bond (SDCL 23A-43-20). Practicing attorneys are barred from this role.

South Dakota's courts publish an official bail bond agent roster. Before signing with any agent on a Martin case, check what state law lets a bondsman charge and hold as collateral.

Yes. One bond pays for one case only. Ask the Winner jail at 605-842-3328 for a full list of holds first. Watch for these:

• An outside warrant from another county, or from out of state.
• Tribal charges. Oglala Sioux Tribe court handles its own release. Its court office is in Pine Ridge, SD 57770, 605-867-5151.
• Probation trouble. A probation officer may have a say. Bennett's Court Services office: 200 E 3rd St, Winner, SD 57580, 605-842-3551.
• Judge-only cases. Domestic abuse charges and 24/7 violations often wait for a judge.
• An ICE or federal hold. No state bond touches it.

Yes, but rarely. South Dakota's Constitution gives a right to bail on every charge except a capital one, and even then only when guilt looks very clear (S.D. Const. art. VI, § 8). Otherwise the judge has to offer some path out, though that path may cost money or carry tight terms (SDCL 23A-43-3).

Freedom can be lost afterward. Each release order warns that breaking a term brings a warrant (SDCL 23A-43-6), and a failed 24/7 test can mean jail without bond until a hearing.

The State's Attorney speaks for the state on bond, from an office at 501 2nd Avenue, Martin, SD 57551, 605-685-6986, open weekdays 8:00 a.m. to 4:30 p.m.

Yes. If the terms keep someone behind bars for 24 hours past the release hearing, SDCL 23A-43-8 lets them ask for review. Judges can rework terms whenever they choose (SDCL 23A-43-7), and a circuit judge can redo terms a magistrate set (SDCL 23A-43-14).

1. The defense lawyer files the motion.
2. Bring paper proof: pay stubs, a lease, relatives close by, and the most the family can truly pay.
3. Suggest terms that answer the judge's fears, like twice-a-day breath tests in Martin.

To learn how such a hearing lands on the docket, phone 605-685-6969.

Yes. Someone without money for a private attorney asks the judge for one during the first hearing (SDCL 23A-40-6). Adults fill out form UJS-224R, and youths use UJS-224A. Bennett pays those lawyers out of county funds (SDCL 23A-40-7, 23A-40-8).

• Repayment may be ordered later, win or lose (SDCL 23A-40-10).
• The county can record a lien for the cost, though a family homestead is safe from foreclosure (SDCL 23A-40-11, 23A-40-15).
• Petty offenses and Class 2 misdemeanors (SDCL 23A-40-6.1) get no free lawyer when the defendant is free on bond and no jail sentence is possible.

Forms and answers: Clerk of Courts, 202 Main, Martin, SD 57551, 605-685-6969.

• Sixth Circuit magistrate and circuit court, via the Clerk of Courts, 202 Main, Martin, SD 57551, 605-685-6969. Misdemeanors start and finish in magistrate court, which also handles a felony's first steps. Felonies then move up.
• Sixth Circuit Drug & DUI Court, 8 E. Second Ave., Fort Pierre, SD 57532, 605-220-3850. A defense lawyer can say whether a Martin case qualifies.
• Oglala Sioux Tribe court, Pine Ridge, SD 57770, 605-867-5151, for tribal charges on Pine Ridge Reservation land.
• U.S. District Court for federal charges, Western Division, 515 Ninth Street, Rapid City, SD 57701.

After the last term is met, the court frees the bail (SDCL 23A-43-26). Sixth Circuit policy counts cash bond as the defendant's own money, even if a grandparent posted it. Before any refund, the court may first subtract fines, costs, restitution and lawyer fees. Leftovers go to the defendant, or to their attorney when the defendant signs off.

Skipping court is far worse. Posted money is forfeited, and the no-show itself becomes a crime (SDCL 23A-43-31). Released on a felony or a DUI? Then the missed date counts as a Class 6 felony on top. Out on a misdemeanor? Then it is one more Class 1 misdemeanor. Forfeiture can be undone by a judge in the interest of justice (SDCL 23A-43-22). Refund questions: 605-685-6969.

Everything the person carried at booking waits at the Winner City Jail, 217 E 3rd St., Winner, SD 57580. Phone 605-842-3328 before release day. Find out how the leftover account money is returned and what day the personal items can go home. Show ID with your photo at the desk. If you're collecting for the person, staff may want written permission from them, so ask first.

For account basics, read our inmate money guide.

A federal judge in Rapid City. Bennett's federal cases are heard in the Western Division of the U.S. District Court for the District of South Dakota, 515 Ninth Street, Rapid City, SD 57701. Major crimes on reservation land often go there under the Major Crimes Act (18 U.S.C. 1153).

• That first appearance is also when the court settles jail versus home. Either side may ask for a brief pause, five days at most for the defense and three for prosecutors (18 U.S.C. 3142).
• Before trial, deputy U.S. marshals hold federal prisoners. Rapid City office: 515 9th Street, Suite 323, Rapid City, SD 57701, 605-342-6331. Ask there which facility has the person.
• After a federal sentence, search the Federal Bureau of Prisons inmate locator.

Yes. Posting bail in Winner settles the state side only, and the federal hold stays. Here is the order of events:

1. Federal immigration officers (ICE) send Winner's jail a Form I-247A, their standard detainer.
2. The request: hold the person up to 48 hours after they would otherwise be released, giving ICE time for pickup (8 CFR 287.7(d)).
3. Questions go to ICE's field office in St. Paul, which oversees South Dakota: 1 Federal Drive, Suite 1601, Fort Snelling, MN 55111, 612-843-8600.
4. Track the person on the ICE Online Detainee Locator using a name and birth country.
5. SB 7, a 2025 state law, voids local rules that would gag staff on immigration status when federal officers ask.

A misdemeanor sentence is jail time in a county lockup. Prison time for a felony is handled by the South Dakota Department of Corrections (SDCL 22-6-1). Class 5 and 6 felonies are presumed to get probation (SDCL 22-6-11). For those, a year or less in jail can stand in for prison (SDCL 22-6-1.1). For where local jail time gets served, call the Sheriff's Office at 605-685-6515.

• The DOC offender locator finds people serving state time. Enter a last name or the DOC number.
• JE's South Dakota state prisons page describes every prison.
• Reach the DOC central office at 500 East Capitol Avenue, Pierre, SD 57501, 605-773-3478.

A child who is at least 10 and breaks a law that carries a criminal penalty lands in circuit court as a juvenile matter (SDCL 26-8C-2). In most cases a parent comes to get the child. Locking a child up is allowed only for reasons spelled out in law, and the intake officer must use the least strict place that works (SDCL 26-8C-3). Adult court is reachable only through a transfer hearing (SDCL 26-11-4), and only a circuit judge can order it.

Parents wondering where a youth is being held, or when court is, can call the Sheriff's Office at 605-685-6515. Juvenile probation runs through Court Services, 200 E 3rd St, Winner, SD 57580, 605-842-3551.