Day County Detention Center Inmate Bail & Bonds

The answer depends on what the arrest was for. With many everyday charges, a clerk magistrate in the Clerk of Courts office fixes bond straight from a statewide chart (SDCL 16-12C-10). Serious felonies and any domestic abuse arrest need a judge.

Speed matters here. An arresting officer has to bring the person before the nearest committing magistrate on hand "without unnecessary delay" (SDCL 23A-4-1). Appearing by video from the jail is allowed. At that first appearance the magistrate names the charge, mentions the right to hire counsel or request a free one, notes that nobody has to make a statement, and rules on release (SDCL 23A-4-3).

No statute sets an hour count for this step. Magistrate and circuit judges of the Fifth Judicial Circuit hear cases at 711 W 1st St, Suite 201, Webster, SD 57274, 605-345-3771. Jail staff at 605-345-3222 can say when the hearing is planned.

South Dakota starts low. The first choice is a signed pledge to return, unless that pledge alone won't get the person back for court (SDCL 23A-43-2). Tougher terms get layered on in order, and only when truly needed (SDCL 23A-43-3):

• Personal recognizance (PR). A signature, nothing paid.
• Unsecured bond. A dollar figure goes on paper. It is owed only if they fail to show up.
• Supervision or limits. Someone responsible keeps watch, or travel, friends or living place get restricted.
• Ten percent deposit. A judge can let the defendant put down a slice of the bond, no more than a tenth, and that money returns once every condition is kept.
• Full bond. Either cash for every dollar, or a licensed bondsperson who backs the full amount.
• 24/7 Sobriety Program. If alcohol or drugs figure in the arrest, the judge can order breath tests twice each day, or an ankle bracelet that senses alcohol (SDCL 1-11-20). Fees for this program are paid to the Sheriff's Office.

Judges think about what kind of offense it is, how solid the proof seems, results of any mental health exam, and the chance of flight or danger (SDCL 23A-43-4).

Clerk magistrates across South Dakota all work from one shared chart for the whole state, the FY27 fine and bond schedule. This edition kicked in on July 1, 2026, with every circuit signing on for its own counties. A few lines from it:

• A first or second DUI, which is a Class 1 misdemeanor: $225 to $1,000
• DUI, third or more (felony): $1,000 to $5,000
• Grand theft: $1,000 to $10,000
• Robbery: $1,000 to $25,000
• Misdemeanor marijuana, 2 ounces or under: PR, no cash
• Disorderly conduct ticket: $132.50 including costs
• Driving while suspended: $282.50 including costs
• Domestic abuse: amount and terms come from a judge, not the clerk
• Murder, kidnapping, first-degree manslaughter: a judge appearance is required

A judge is free to depart from the chart. To hear the number tied to your relative's charge, phone the Clerk of Courts at 605-345-3771 on a weekday. Charts differ by circuit, and our rundown of South Dakota bail law shows how judges pick a number for a Webster case.

Bonds get paid to the Sheriff's Office inside the Detention Center, 710 W 2nd St, Webster, SD 57274. Office hours run Monday through Friday, 8 a.m. to 5 p.m. A good order of steps:

1. Phone 605-345-3222 first so you don't drive over for nothing.
2. Give the name exactly as booked, and a birth date. Note the amount and the charge it is tied to.
3. Find out if a judge must still see them, as in every domestic abuse case.
4. Check for other holds, like a warrant from some other county.
5. Bring photo ID and either cash or a card from Visa, MasterCard or Discover.
6. Keep the receipt in a safe spot until the case is over.

Payments over the phone are refused, so someone must come in. Arriving after 5 p.m. or on a weekend? Ring first and ask who can accept the money.

No. The county points families to the Sheriff's Office window at the jail for posting bond. After that, the Clerk of Courts keeps the money on file until a judge, prosecutor or Court Services officer signs off on its release.

• Clerk of Courts: Day County Courthouse, 711 W 1st St, Suite 201, Webster, SD 57274, 605-345-3771. Weekdays, 8 a.m. to noon and 1 to 5 p.m. Bring questions here about bond on a filed case or about fines.
• Webster Police Department: 605-345-4040. City arrests end up at the county jail, so their bond gets paid there.

UJS ePayments accepts card payments on fines, costs and restitution, and bail is not among them. The Clerk can tell you which route fits.

Cash always works. Debit and credit cards (Visa, MasterCard, Discover) also work through CourtMoney.com, the card service the Sheriff's Office uses. Swipe in person at the window and show ID. A processing fee is added on top.

• Over-the-phone card payments won't be taken.
• Planning on a cashier's check or money order? Call first, and ask whose name goes on it.
• The court system's pay site handles fines, never bond.

Before leaving home, dial 605-345-3222 to learn the full amount with fees.

Bondspersons sell a promise: pay their fee, and they vouch for the entire bond in front of the judge. Licenses come from the South Dakota Division of Insurance (SDCL chapter 58-22). Acting as a bondsperson with no license counts as a Class 6 felony (SDCL 58-22-4). No jailer, deputy or officer may gain anything from a bond (SDCL 58-22-3), and soliciting customers where prisoners are kept is barred.

• The court system keeps a bail bond agent list.
• Have the agent write down the fee and any collateral, and keep the receipt.
• Expect that fee to stay with the agent, even if charges get dropped.
• A relative who wants to be the surety must file a sworn statement listing their property (SDCL 23A-43-20).

State insurance regulators handle license lookups and complaints, at 124 South Euclid Avenue, Pierre, SD 57501 (second floor), 605-773-3563.

Money alone won't always open the door. Watch for these:

• Domestic abuse. Officers can't release anyone until a judge hears about the arrest and decides on bond (SDCL 25-10-40). Before the first court date, reaching out to the accuser or the people in that household is banned, face to face or by text, and even by way of a friend. Doing it anyway is a Class 1 misdemeanor (SDCL 25-10-43). So don't pass along notes or calls.
• Warrants or holds elsewhere. Another county or state, probation or parole may have a claim.
• Contract inmates. People housed here for Marshall, Grant or Edmunds counties get bond through the home county's case.
• 24/7 rules. Skip a test or blow over the limit, and the person can be jailed again, with no bond, until a judge reviews it.
• Immigration. ICE can ask that the person be kept briefly.

Jail staff at 605-345-3222 can check for holds before anyone pays.

No, except in one rare kind of case. Under the state constitution everyone is bailable, except for a death-penalty charge with plain proof or a strong presumption of guilt (S.D. Const. art. VI, § 8). So nearly every person booked has some route out.

Conditions can still be tough, though. Break one, and the judge may revoke release and have a warrant issued (SDCL 23A-43-21). Prosecutors may push for tighter terms, and Marsy's Law lets crime victims be heard at release hearings (S.D. Const. art. VI, § 29).

Prosecution here comes from the State's Attorney, 711 W 1st St, Suite 213, Webster, SD 57274, 605-345-4624.

Yes. Usually the defense lawyer files the request, and state law opens several doors:

1. Twenty-four hours past the release hearing, a defendant who remains jailed on unmet terms may seek review (SDCL 23A-43-8).
2. A circuit judge can revisit terms a magistrate chose (SDCL 23A-43-14).
3. Any judge may adjust the terms whenever needed (SDCL 23A-43-7).
4. Gather proof of ties: a job, a lease or home, relatives nearby, a clean court record.

Filings go to the Clerk of Courts, 711 W 1st St, Suite 201, Webster, SD 57274, 605-345-3771.

Taxpayers of the county do. Someone without money for counsel should speak up at the first appearance and request one, and the judge must assign a lawyer (SDCL 23A-40-6). Counties cover this through a defender office, attorneys the court picks, or contract lawyers (SDCL 23A-40-7, 23A-40-8).

• A judge may later make the defendant pay those lawyer costs back, win or lose (SDCL 23A-40-10).
• A lien may be filed against property, though never foreclosed on a homestead (SDCL 23A-40-11, 23A-40-15).
• Someone charged with only a Class 2 misdemeanor, not in custody and facing no loss of liberty, is not entitled (SDCL 23A-40-6.1).

To learn how appointments are handled in Webster, phone the Clerk of Courts at 605-345-3771.

One building in Webster handles all state criminal matters from the county. Two other courts sit within driving distance:

• Circuit and magistrate court, Clerk of Courts: 711 W 1st St, Suite 201, Webster, SD 57274, 605-345-3771. Alternative number 605-345-3785. Open 8 a.m. to noon and 1 to 5 p.m., Monday to Friday.
• Sisseton Wahpeton Oyate Tribal Court, which hears many cases from Lake Traverse Reservation land: 12554 BIA Highway 711, Agency Village, SD 57262, 605-698-7629.
• Federal court, Northern Division: 102 Fourth Avenue SE, Aberdeen, SD 57401. Federal pretrial staff in that building take calls at 605-377-2625.

City ordinance tickets from Webster, Waubay and the other towns land in magistrate court as well.

A written Fifth Circuit policy governs refunds. The Clerk of Courts holds each bond. It stays put until a judge, a prosecutor or Court Services authorizes release. The cash counts as the defendant's own, even if Grandma or a friend paid it.

• Costs, restitution, fees for a court-appointed attorney and fines can all come out first.
• Any remainder may be paid to the defendant rather than to a parent or friend who posted it.
• A 10 percent deposit returns after all conditions are met (SDCL 23A-43-3).

Skipping court is expensive. Bond gets forfeited. On top of that, a no-show is its own crime. If the release was tied to a felony or a DUI, missing court counts as a Class 6 felony. Tied to a misdemeanor, it counts as a Class 1 misdemeanor (SDCL 23A-43-31). Judges may set a forfeiture aside for good cause (SDCL 23A-43-22). Refund questions go to the Clerk at 605-345-3771.

Whatever was taken during booking is held by jail staff until the person leaves. The Detention Center accepts cash on site, and calling money lives in a separate phone account. To get things back:

• Phone 605-345-3222 on a weekday during office hours.
• Ask how leftover funds get paid out, and whether a signed release lets family collect items.
• Show photo ID at 710 W 2nd St, Webster, SD 57274.
• Work release inmates must clear their work release balance before going out on the program.

A judge of the federal court decides. The county belongs to the Northern Division, whose court sits at 102 Fourth Avenue SE, Aberdeen, SD 57401. Federal charges can come from agents' investigations, or from serious crimes in Indian country under the Major Crimes Act.

1. The federal judge rules on release during a detention hearing, held the day the defendant first comes to court (18 U.S.C. 3142).
2. If either side asks for a few extra days, the defendant waits in custody.
3. A defendant kept in custody is the U.S. Marshals' responsibility. Aberdeen office: 102 Southeast 4th Avenue, Suite 409, Aberdeen, SD 57401, 605-226-1794.
4. Once a federal sentence begins, try the Federal Bureau of Prisons inmate locator.

Bond paid at the county jail has no effect on a federal charge.

No. Bond answers only the state charge, while an ICE detainer comes from Washington. Expect these steps:

1. Federal immigration staff send the jail a Form I-247A.
2. Jail staff may keep the person up to 48 hours after they would otherwise be released (8 CFR 287.7(d)).
3. Officers come to collect them. South Dakota cases go through ICE's St. Paul Field Office, 1 Federal Drive, Suite 1601, Fort Snelling, MN 55111, 612-843-8600.
4. Use the ICE Online Detainee Locator, which searches by A-number. Lacking the A-number, search by full name and choose a birth nation instead.

SB 7 (SL 2025, ch 100) became state law in 2025. Towns and counties across South Dakota may not forbid their own staff from passing a person's legal status to federal agencies.

Misdemeanor sentences stay local. The ceiling is 12 months behind county bars for Class 1 and a month or less for Class 2 (SDCL 22-6-2). Felony prison terms belong to the South Dakota Department of Corrections (SDCL 22-6-1). For the bottom two felony levels, Classes 5 and 6, a judge must lean toward probation (SDCL 22-6-11), and for those a judge may swap prison for as long as a year in the local lockup (SDCL 22-6-1.1).

• The DOC's offender locator covers people serving state prison time.
• To learn about each prison, turn to our South Dakota state prisons guide.
• Department of Corrections central office: 3200 East Highway 34, Pierre, SD 57501, 605-773-3478.

Circuit court handles youth cases, and delinquency law reaches children from age 10 (SDCL 26-8C-2). Most kids are sent home to mom, dad or a guardian. Detention needs an intake officer's order and one of the reasons in the statute (SDCL 26-8C-3). Shifting a teen's case into the adult system happens only through a judge, at a transfer hearing (SDCL 26-11-4).

State corrections officials approved the Webster jail to hold juveniles too. Besides local youth, it takes kids from Roberts, Marshall and Grant counties and the Sisseton Wahpeton Oyate. A parent or guardian can come in any day except during meals, once a time is arranged with staff at 605-345-3222.