Clay County Jail

Two people can set it. A clerk magistrate may use the statewide fine and bond chart for listed charges. For the rest, a judge decides. Officers must bring anyone they arrest before the closest committing magistrate with no needless lag, either face to face or through a jail video link (SDCL 23A-4-1).

Clay is a First Judicial Circuit county, and its judges sit at the Main Street courthouse, 211 West Main Street, Vermillion, SD 57069. No fixed clock in state law counts the hours to that first hearing, so ask the jail staff when it is booked.

Family violence arrests follow a stricter path. In those cases the jail can't release anyone before a judge hears about it and chooses bond and safety terms (SDCL 25-10-40). Until that first hearing, the jailed person is to have zero contact with the alleged victim or the victim's housemates. Even a message passed along by a cousin breaks the rule (a Class 1 misdemeanor, SDCL 25-10-43). So please, carry no notes and dial no calls on their behalf.

Imagine a staircase made of release terms. Judges here pick the gentlest step that still brings the person back for each hearing (SDCL 23A-43-2, 23A-43-3):

1. Signature only. Lawyers call this personal recognizance, and no money changes hands. An unsecured bond names a dollar amount owed only if they miss court.
2. Third-party watch. A named adult or group vouches and keeps an eye on them.
3. Daily-life rules. Limits on travel, where they live or whom they contact, or orders tied to mental health care.
4. Ten percent down. A cash deposit worth at most one-tenth of the full amount, refunded once every rule has been met.
5. Agent or full cash. A licensed bondsperson covers the whole amount, or someone deposits it all.
6. Anything else the judge finds truly needed.

For drinking or drug charges, the 24/7 Sobriety Program often joins the list (SDCL 1-11-20). Expect a breath test twice a day, urine screens, a drug patch or an alcohol bracelet. Fees are capped by law: breath $3 each, urine $10, patch $70, bracelet $10 per day with install and removal capped at $50 apiece. Skip or flunk a test and a return to jail without bond is likely until court. Ask the Sheriff's Office at 605-677-7100 where Clay tests are given, or phone the state 24/7 office, 605-505-1003.

Clerk magistrates statewide read from one chart, effective July 1, 2026: the FY27 Fine and Bond Schedule. Sample lines:

• DUI, first or second time: $225 to $1,000
• DUI, third time or more (felony): $1,000 to $5,000
• Grand theft: $1,000 to $10,000
• Robbery: $1,000 to $25,000
• Small misdemeanor marijuana amounts (up to two ounces): a signature bond, so nothing is paid
• Petty offense: flat $25 judgment, no court costs

Three charges never use the chart: murder, first-degree manslaughter and kidnapping. Domestic abuse cases skip it too, since a judge sets those. For the exact figure on one booking, phone the Clerk of Courts weekdays at 605-677-6756.

The jail lobby at 1250 Stanford Street, Vermillion, SD 57069 is where families bring bond money. At a 2026 county board meeting, the Sheriff said visitors pull bond cash from the lobby ATM, whose fees run higher than a bank's. Arriving with cash already in hand saves money. Steps:

1. Phone the jail first: 605-677-7117.
2. Read out the full legal name with its spelling, then the date of birth. Request the bond on every count.
3. Ask what forms of payment the lobby window is taking today, and the payee for a money order.
4. Confirm that no judge hearing is required first. Domestic charges usually need one.
5. Bring ID with a photo, and keep every receipt in a safe spot.

If nobody picks up, the 24-hour Sheriff and dispatch number, 605-677-7100, can route you.

The Clerk of Courts holds the court file and logs each bond. Find it in Suite 300 at 211 West Main Street, Vermillion, SD 57069, 605-677-6756, open 8:00 a.m. to 5:00 p.m. on weekdays.

• Phone ahead to learn if its counter takes bond money, and in what form.
• Learn how a cash deposit gets paid back once the case wraps up.
• Pull the next hearing date free on Find a Court Date.

City tickets from Vermillion end up before this same magistrate court. City police note that anyone fighting a parking ticket prepays roughly $40 in fees here, refunded on a win.

Payment types can change without notice, so a quick call to 605-677-7117 settles it. Run through each option: cash, money order, cashier's check, card.

The court system's UJS ePayments site handles card payments for fines, costs and restitution, never bail. It will, though, show you whether a warrant is active on a case.

Vermillion's police desk takes cards for city bills like parking tickets and impound fees. Those will not free anybody. Mailing cash is a mistake, and a stranger phoning to demand bond money is a scam sign.

Bondspersons sell a promise: for a fee, they stand behind the full bond in court. Licenses come from the state Division of Insurance, 124 South Euclid Avenue, Floor 2, Pierre, SD 57501, 605-773-3563, which also takes complaints.

• Bonding without a state license: Class 6 felony (SDCL 58-22-4).
• Jail officers, deputies and police can't profit from bail bonds (SDCL 58-22-3).
• Soliciting customers inside a lockup is barred (SDCL 58-22-32).
• Agents set their own prices. Ask for the price on paper, plus a signed receipt for any car title or other collateral.
• Relatives who sign as surety swear in writing to what property they own and any debts on it (SDCL 23A-43-20).

To confirm an agent holds a license, check the bail bond agent list kept by the state courts.

Yes. A bond is tied to one case. Any item below can still delay the walk out:

• Outside warrants from another county or state.
• Probation problems. Clay's Court Services office works from 211 West Main Street, Suite 101, Vermillion, SD 57069, 605-677-6485.
• A domestic case still waiting on a judge.
• A blown 24/7 test, often meaning no bond until court.
• Another open case with a separate bond.
• Federal or ICE holds, which follow their own rules.

Before paying a cent, have the jail list every hold: 605-677-7117.

Almost never. South Dakota's Constitution guarantees bail in nearly all cases (S.D. Const. art. VI, § 8). The lone carve-out is a death-penalty charge backed by strong evidence of guilt.

Short of that, tough terms are still possible. Under SDCL 23A-43-4, the factors include the charge itself, how strong the proof is, findings about mental health, flight risk and danger to others. Marsy's Law also gives the alleged victim a voice at the release hearing (S.D. Const. art. VI, § 29).

High bond requests come from the State's Attorney, 211 West Main Street, Suite 204, Vermillion, SD 57069, 605-677-7107. No-bail holds are rare, and the reasons behind them under state law are explained in one place for Vermillion families.

Release terms can be revised whenever the judge sees fit (SDCL 23A-43-7). Paths that work:

1. If the money still can't be raised a full day after the release hearing, the defendant may ask for a review (SDCL 23A-43-8).
2. Magistrate-set terms can go before a circuit judge for a second look (SDCL 23A-43-14).
3. Gather pay stubs, a rental agreement, letters from relatives vouching for them and a realistic budget. Pass it all to the defense lawyer.
4. Offer a remedy for whatever worries the judge: sobriety testing through 24/7, or a trusted adult as supervisor.

Only the lawyer files the motion. For scheduling, the Clerk of Courts answers at 605-677-6756.

The county covers it. A defendant short on money can request counsel at the first appearance, and the court must then appoint one (SDCL 23A-40-6). Bills go to the county where charges were filed (SDCL 23A-40-8).

• Some cases don't come with a free lawyer. That is when the charge is minor (a Class 2 misdemeanor or petty offense), nobody is holding the accused in jail, and no jail term is possible (SDCL 23A-40-6.1).
• The judge can later order the county repaid, even after an acquittal (SDCL 23A-40-10).
• Liens are allowed on property, but foreclosure on the family homestead is not (SDCL 23A-40-11, 23A-40-15).

South Dakota's Office of Indigent Legal Services began in 2024 and focuses on appeals. Ask the Clerk of Courts at 605-677-6756 how assignments are made here.

Every state charge from here is heard in one Vermillion building. Federal charges go to Sioux Falls.

• Clay County Courthouse (home of both trial courts, with the Clerk of Courts in Suite 300), 211 West Main Street, Vermillion, SD 57069, 605-677-6756. Open weekdays, 8:00 a.m. to 5:00 p.m.
• First Circuit court administration, 410 Walnut Street, Suite 201, Yankton, SD 57078, 605-668-3095.
• Federal court, Southern Division, 400 South Phillips Avenue, Sioux Falls, SD 57104, 605-330-6600.

Misdemeanors, city tickets and opening felony steps begin before a magistrate. Felonies then climb to circuit court, under the same roof.

Once all conditions are satisfied, state law says the court must free the bail (SDCL 23A-43-26). A ten percent deposit likewise returns when the terms are kept.

A no-show costs plenty. Bail gets forfeited, and missing court becomes its own charge. A missed date on felony or DUI release is charged as a Class 6 felony. Skipping court while out on misdemeanor release brings a Class 1 misdemeanor charge (SDCL 23A-43-31). Any serious rule break also triggers an arrest warrant (SDCL 23A-43-21). Even so, when justice requires, the judge can set the forfeiture aside (SDCL 23A-43-22).

Posting cash for someone else? First ask the Clerk of Courts, 605-677-6756, if fines or costs might be pulled from it later. Save the receipt.

Settle questions about the commissary balance and stored items before release day. Phone 605-677-7117 to learn how leftover funds get refunded and when property can be collected at 1250 Stanford Street, Vermillion, SD 57069.

Bring a photo ID. A friend collecting property may need a signed note from the inmate, so ask. Read our inmate money guide for typical deposit and refund steps. South Dakota counties may also bill prisoners for jail costs (SDCL 24-11-45), so ask if any bill is pending.

Clay's federal cases belong to the Southern Division of the U.S. District Court for the District of South Dakota. Its clerk sits in Room 128 at 400 South Phillips Avenue, Sioux Falls, SD 57104, 605-330-6600.

• Detention or release gets decided when the defendant first appears. If the defense asks for more time, the delay can't top five days; if prosecutors ask, three. The defendant stays locked up during the wait (18 U.S.C. 3142).
• The U.S. Marshals, 400 South Phillips Avenue, Room 216, Sioux Falls, SD 57104, 605-330-4351, hold federal defendants before trial. Call them to learn which jail is holding your loved one.
• U.S. Probation and Pretrial Services: 314 South Main Avenue, Suite 100, Sioux Falls, SD 57104, 605-977-8900.
• Following a prison sentence, track them on the Federal Bureau of Prisons inmate locator.

No. Bond settles the state case only, and immigration is a separate matter. What usually follows:

1. ICE sends the jail a detainer called Form I-247A.
2. Under that request, the jail may keep them up to 48 hours after they would otherwise be released (8 CFR 287.7(d)).
3. The pickup team answers to ICE's St. Paul Field Office, 1 Federal Drive, Suite 1601, Fort Snelling, MN 55111, 612-843-8600. One site ICE uses here is the Pennington County Jail, 307 Saint Joseph Street, Rapid City, SD 57701, 605-394-6116.
4. Search the ICE Online Detainee Locator using the person's name and birth country.
5. SB 7 (SL 2025, ch 100) means no local rule may forbid jail or city workers from discussing someone's immigration status with federal agents.

Jail time for a misdemeanor stays in a county lockup. Felony prison terms fall to the state: the South Dakota Department of Corrections (SDCL 22-6-1). Class 5 and 6 felonies usually draw probation, though a judge has the option of up to twelve months in county jail instead (SDCL 22-6-11, 22-6-1.1).

• Search state prisoners with the DOC offender lookup.
• Browse every state facility on our South Dakota prison list.
• Reach the DOC central office at 3200 East Highway 34, Pierre, SD 57501, 605-773-3478.

Delinquency cases, meaning lawbreaking by a child age 10 or older, are circuit court matters (SDCL 26-8C-2). Most children go back to a parent or guardian. Detention needs an intake officer's approval, and only on grounds the statute lists (SDCL 26-8C-3).

Minnehaha County Regional Juvenile Detention Center, 4200 South West Avenue, Sioux Falls, SD 57105, 605-367-4313, takes detained Clay youths. Teens stay in juvenile court unless a transfer hearing ends with an order moving the matter to adult court (SDCL 26-11-4). Court Services, 605-677-6485, can share hearing dates.

Every trial court in South Dakota belongs to a single state network, the Unified Judicial System. Its two trial levels share the Main Street courthouse here.

• Magistrate court holds misdemeanor trials and city ordinance cases (SDCL 16-12B-11). Magistrates also issue warrants, fix bond and handle first appearances (SDCL 16-12B-5, 16-12B-7, 16-12B-10). On charges capped at one year or $2,000, they may also accept guilty pleas and hand down the penalty (SDCL 16-12B-8).
• Circuit court takes felonies and youth cases. Clay is one of 14 counties in the First Judicial Circuit.

Felony cases begin before a magistrate, who sets the first bond. The case climbs to circuit court once a preliminary hearing finds enough evidence or a grand jury indicts.

Circuit and magistrate court both meet at 211 West Main Street, Vermillion, SD 57069. Offices tied to criminal cases:

• Clerk of Courts, Suite 300, 605-677-6756. Weekdays 8:00 a.m. to 5:00 p.m. Mailing address: PO Box 377, Vermillion, SD 57069.
• State's Attorney, Suite 204, 605-677-7107.
• Court Services (probation), Suite 101, 605-677-6485. The same office supervises Union County probation.

First Circuit court administration runs from 410 Walnut Street, Suite 201, Yankton, SD 57078, 605-668-3095. Federal charges are heard in Sioux Falls.

No. A ticket under any of those three towns' ordinances goes before the county's magistrate court at 211 West Main Street, Vermillion, SD 57069, 605-677-6756.

City police give one example. Someone contesting a city parking ticket is given a magistrate court date and prepays about $40 in court fees to the Clerk of Courts. That money comes back if the ruling goes their way.

After an arrest, the law requires a prompt trip before the closest available magistrate, in person or over the jail's video hookup (SDCL 23A-4-1). Nobody pleads yet. Instead, the judge goes over these points (SDCL 23A-4-3):

• the accusation in the complaint
• that they can hire their own lawyer, or request an appointed one
• the conditions for staying out before trial
• that they have the right to stay silent
• whether a preliminary hearing applies, which is only for felonies

Bond gets set or reviewed at this hearing too. State law names no hour limit for it. The jail desk at 605-677-7117 knows when the next one is scheduled.

The State's Attorney brings misdemeanor charges before a magistrate. At arraignment the accused pleads. Denying the charge leads to a trial date. A guilty plea can lead to sentencing on the spot.

Two misdemeanor classes exist (SDCL 22-6-2):

• Class 1: jail of up to 12 months, a fine of up to $2,000, or both. First and second DUIs fall in this class.
• Class 2: a maximum of 30 days in jail, a $500 fine, or both.

The state's ticket chart sets totals for some charges, including fine and costs. Disorderly conduct comes to $132.50, and driving while suspended to $282.50. Judges often require DUI defendants to join the 24/7 Sobriety Program while out on bond. A 180-day speedy trial deadline applies, counted from that first appearance; defense-requested delays don't count (SDCL 23A-44-5.1).

1. Opening hearing in magistrate court, where bond is fixed (SDCL 23A-43-2).
2. Preliminary hearing. A judge tests the evidence. Deadline: 15 days after the first appearance if jailed, 45 if released, unless waived (SDCL 23A-4-3).
3. Formal charge. An information from the State's Attorney is the norm. Grand juries are rarer; one sits only when a circuit judge asks for one, with six to ten jurors (SDCL 23A-5-1).
4. Arraignment, where a circuit judge reads the charge aloud and asks for a plea.
5. Trial or plea bargain, followed by sentencing.

Felonies come in nine classes. Class A is the most serious and Class 6 the least (SDCL 22-6-1). Maximums: two years plus $4,000 for Class 6, and five years for Class 5. Probation is the presumed sentence for both of those classes unless the judge finds a significant danger to the public (SDCL 22-6-11).

Yes. More serious accusations bring tighter handling from the first day:

• Judge-only bond. The clerk's chart can't be used for murder, first-degree manslaughter or kidnapping.
• Family violence. No one held for domestic assault or a broken protection order goes free until a judge is told (SDCL 25-10-40). The judge may order the person to stay away, move out, skip alcohol and drugs, or get counseling (SDCL 25-10-41).
• Silence toward the victim. Until the first appearance, the accused may send no word, by any route, to the alleged victim's household (SDCL 25-10-43).
• Long terms. Class 2 can bring 25 years, and Classes A, B and C reach life in prison.
• Victim input. Bail, plea bargain and sentencing hearings must include a chance for victims to speak.

Charges here are brought by the State's Attorney's Office, Suite 204, 211 West Main Street, Vermillion, SD 57069, 605-677-7107.

Tell the judge at the first hearing if hiring a lawyer isn't affordable (SDCL 23A-40-6). Each county must provide defense for those without means, whether through a public defender office, contract attorneys or court appointments, and the county pays (SDCL 23A-40-7, 23A-40-8). Repayment may be ordered later (SDCL 23A-40-10).

Questions about an appointment go to the Clerk of Courts at 605-677-6756.

• Free: upcoming hearings come up on Find a Court Date. Type a name or case number. It also shows a full day's county calendar.
• $20 a search: the PARS record search charges even when it finds nothing.
• At the courthouse: public terminals display open records.
• Phone: the Clerk of Courts, 605-677-6756.

Have the spelling of the legal name and the birth date ready before calling. Juvenile files and sealed cases are kept private.

Deputies and Vermillion police serve warrants here. Check the Sheriff's active warrants list and warrants page, then verify by calling 605-677-7100, because the list changes often. State-level sources: the Sex Offender Registry, plus the DOC's Most Wanted list of escapees. Warrant status by case also appears on UJS ePayments. A lawyer should guide any surrender, made at the jail, 1250 Stanford Street, Vermillion, SD 57069. Case questions go to the Clerk of Courts, 211 West Main Street, Suite 300, Vermillion, SD 57069, 605-677-6756.

The Southern Division of the U.S. District Court for the District of South Dakota handles them. Its clerk works in Room 128, 400 South Phillips Avenue, Sioux Falls, SD 57104, 605-330-6600.

• Jail or release is settled at the detention hearing, which happens the moment the defendant first appears (18 U.S.C. 3142).
• Federal defendants are kept and transported by the U.S. Marshals, 400 South Phillips Avenue, Room 216, Sioux Falls, SD 57104, 605-330-4351.
• Federal prosecutors: U.S. Attorney's Office, PO Box 2638, Sioux Falls, SD 57101, 605-330-4400.
• Post-sentence, use the Federal Bureau of Prisons inmate locator.

The state case moves ahead as normal. ICE's interest shows up at the moment of release. In order:

1. Form I-247A, the detainer, is filed with the jail by immigration officers.
2. It asks for a hold of up to 48 hours after they would otherwise be released, so agents can arrive (8 CFR 287.7(d)).
3. Custody then shifts to ICE. ICE's St. Paul Field Office, 1 Federal Drive, Suite 1601, Fort Snelling, MN 55111, 612-843-8600, takes over South Dakota cases.
4. Track the person on the ICE Online Detainee Locator.
5. SB 7 (SL 2025, ch 100) keeps local governments from punishing workers who tell federal officers about a person's immigration status.

Felony prison time is the job of the South Dakota Department of Corrections. Misdemeanor sentences, plus as much as a year for a low-level (Class 5 or 6) felony, may be spent in the county jail (SDCL 22-6-1.1).

• Our South Dakota prisons page profiles each facility.
• For state prisoners, run a name or DOC ID through the DOC offender locator.
• Parole belongs to the DOC, while probation belongs to Court Services, 605-677-6485.

Circuit court is where accused children, age 10 and up, have their cases heard (SDCL 26-8C-2). Most go home to family after an arrest. Detention is the intake officer's decision, limited to reasons listed in the statute (SDCL 26-8C-3).

• Minnehaha County Regional Juvenile Detention Center, 4200 South West Avenue, Sioux Falls, SD 57105, 605-367-4313, holds detained youths from here.
• Adult prosecution of a youth needs a judge's order after a transfer hearing (SDCL 26-11-4).
• Youth probation is run by Court Services at 605-677-6485.

Marsy's Law sits in the state Constitution (S.D. Const. art. VI, § 29). Victims who ask get timely notice of each court date and may attend. Judges must let them speak before deciding on bail, a plea bargain or a sentence. Restitution in full is guaranteed, and so is a warning if the defendant gets out or runs off.

• Sign up for no-cost release notices on SAVIN or at 844-299-4608 during weekday hours.
• The State's Attorney, 605-677-7107, can answer case questions.