Gregory County Sheriff's Office Inmate Bail & Bonds

Often a clerk magistrate does. That is a court worker in the Clerk of Courts office who may fix bond for many charges using the state's fine and bond schedule (SDCL 16-12C-10). Bigger or special charges go to a magistrate judge or circuit judge (SDCL 16-12B-7).

By law, officers bring an arrested person before a nearby available magistrate "without unnecessary delay." Courtroom or screen, either is allowed (SDCL 23A-4-1). No hour limit is written there, so phone the jail to learn the hearing time.

Local cases are heard at 221 E. 8th St., Burke, SD 57523. Reach the Clerk of Courts at 605-775-2665 on weekdays from 7:30 a.m. to noon and 12:30 to 4:00 p.m. This county sits in the Sixth Circuit, whose judges fill in a bond form. There they write down whether a plain promise will do and whether anyone would be in danger.

Picture rungs on a ladder. A judge begins at the bottom and climbs only if the rung below would fail to bring the person back for court (SDCL 23A-43-2 and 23A-43-3):

1. Signed promise. Called personal recognizance, it costs nothing up front. An unsecured bond is a cousin of it: no cash today, but money is owed after a no-show.
2. Someone to watch them. A named adult or a program takes charge.
3. Rules on daily life, covering trips, friends or where they sleep.
4. Mental health terms, for example keeping up with counseling.
5. A ten percent deposit. The judge lets the person post a cash slice, no more than 10 percent (SDCL 23A-43-3), refunded once the case is done right.
6. The whole amount, either cash in full or a bond written by a licensed bondsperson.
7. Extra conditions, but only ones the judge finds necessary.

The Sixth Circuit form also offers a third-party bond, posted by a friend or relative. For drinking or drug charges, the 24/7 Sobriety Program can be ordered (SDCL 1-11-20): two breath tests daily, or a bracelet, sweat patch or urine checks. State limits on cost are $3 a breath test, $10 a urine test, $70 a patch, and $10 per bracelet day plus no more than $50 to fit it and $50 to remove it. The Sheriff's Office, 605-775-2626, can say where local testing happens.

Courts in all seven circuits rely on a single FY27 Fine and Bond Schedule, whose dollar ranges took over on July 1, 2026. Where a range appears, the Burke clerk lands on one number inside it. Some entries:

• DUI, first or second offense: $225 to $1,000
• DUI, third or later (a felony): $1,000 to $5,000
• Grand theft: $1,000 to $10,000
• Robbery: $1,000 to $25,000
• Marijuana, two ounces or under: signature bond, no cash
• Disorderly conduct ticket: $132.50 with costs
• Driving on a suspended license: $282.50 with costs
• Kidnapping, murder, first-degree manslaughter: no clerk amount; judge only

A domestic abuse arrest also bypasses the clerk. Police must alert a judge, who settles bond and terms like staying away or leaving the house (SDCL 25-10-40 and 25-10-41). Until the first hearing, the accused may not call, write or text the alleged victim or that person's household, and may not use go-betweens. A relayed note can bring a fresh Class 1 misdemeanor charge (SDCL 25-10-43), so politely say no if asked to pass one along. Other release terms in domestic violence cases are listed with the rest of South Dakota's bail rules.

State law lets a county with no jail board its prisoners somewhere else under a written deal (SDCL 24-11-3). Here is the routine:

1. Phone the Sheriff's Office at 605-775-2626 to learn the jail. When the answer is the Winner City Jail, its address is 217 E. 3rd St., Winner, SD 57580.
2. Ring the Winner jail at 605-842-3328, legal name and birth date ready.
3. Note the dollar amount, the bond type and which charge it belongs to.
4. Learn which payments the window will take. For a money order, get the payee's exact wording.
5. Ask if a judge has to meet with them before they can go. Domestic cases usually need that.
6. Carry photo ID and the whole amount, then hold on to the receipt.

If the Sheriff names another jail, get its street address and number, then repeat these steps there.

Think of the Clerk of Courts as the court's cashier and record keeper. The office is inside the courthouse, 221 E. 8th St., Burke, SD 57523, phone 605-775-2665, mailing address PO Box 430, Burke, SD 57523. It is open Monday through Friday, 7:30 a.m. to noon and 12:30 to 4:00 p.m.

• Its clerk magistrate can fix many bonds using the schedule.
• Under a Sixth Circuit policy, the Clerk keeps cash bond until a judge's release order.
• That policy also deals with bond money put up by a third party, like a grandparent. Ask how it applies before you hand over cash.
• Ask too whether the counter takes bond during office hours, or whether the jail is the place to pay.

Phone before you drive over, because rules differ from window to window. Some smart habits:

• Carry the exact sum, and confirm which payment forms work.
• Spell the payee correctly on any check or money order.
• Cash never goes in the mail. Hang up on strangers who phone offering to "handle" bail for a fee.
• Keep your receipt. Without it, a refund can drag on.

UJS ePayments, the court system's online cashier, accepts card payments on fines, costs or restitution, nothing more. Bail is outside its job, yet the site does show when a case carries an active warrant. For bail, ask the jail that has the person, such as the Winner City Jail at 605-842-3328.

It can be, if the agent is licensed. You pay the agent; the agent guarantees the court the full bond should the person disappear. Licenses come from the South Dakota Division of Insurance, 124 South Euclid Avenue, 2nd Floor, Pierre, SD 57501, 605-773-3563, which also takes complaints.

• Unlicensed bonding is a felony, Class 6 (SDCL 58-22-4).
• No jailer, officer or sheriff may gain anything from a bail bond (SDCL 58-22-3).
• Soliciting customers inside a jail is against the law (SDCL 58-22-32).
• No price ceiling is set in state law. Demand the fee in writing, and a receipt for any pledged item, such as a truck title.
• A relative can serve as surety after filing an affidavit that lists their land, goods and any liens (SDCL 23A-43-20).

Compare any agent against the official bail bond agent list.

Several can. A bond settles one case, so any other claim on the person keeps them in. Have the jail read off every hold before paying. Look for:

• Out-of-area warrants from another county or state.
• Probation. Court Services officers who cover this county are based at 104 E. Capitol Ave., Suite 3, Pierre, SD 57501, 605-773-3874.
• Parole. Parole runs through the state Department of Corrections, 3200 East Highway 34, Pierre, SD 57501, 605-773-3478.
• Domestic charges where a judge has yet to set terms.
• 24/7 trouble. A positive or missed sobriety test may lead to a hold without bond until court.
• Federal or immigration detainers.

Ask the Sheriff's Office at 605-775-2626 about any hold it has on file.

Very few. Under the state Constitution, bail is guaranteed except in one kind of case: a death-penalty case where guilt looks plain and strong (S.D. Const. art. VI, § 8).

On all other charges the judge shapes the terms. The judge sizes up the accusation, the evidence, a mental health report if one was done, and the risk of running off or hurting someone (SDCL 23A-43-4). The Sixth Circuit form even has a "no bond" box for when the danger looks too high. Under Marsy's Law, victims may address the judge on release (S.D. Const. art. VI, § 29).

The county prosecutor, called the State's Attorney, is who pushes for stricter terms. That office is reached by mail at PO Box 437, Burke, SD 57523, or by phone at 605-775-2066.

Release terms can be changed by a judge whenever needed (SDCL 23A-43-7). A plan:

1. A full day in jail since the release hearing, with terms still unmet, opens the door to a review (SDCL 23A-43-8).
2. A circuit judge may rewrite terms that a magistrate imposed (SDCL 23A-43-14). The state Supreme Court hears appeals beyond that (SDCL 23A-43-15).
3. Gather job records, rent papers, support letters and an honest budget, then give them to the defense lawyer.
4. Propose a safeguard, such as 24/7 alcohol tests or living with a responsible relative.

For how to get a hearing set, call the Clerk of Courts at 605-775-2665.

The county covers it to start. The magistrate explains counsel rights at the first appearance (SDCL 23A-4-3). That is the moment to request appointed help (SDCL 23A-40-6).

• Each county picks how to supply lawyers, whether by a defender office, by court appointment or by contract (SDCL 23A-40-7). The Clerk of Courts at 605-775-2665 can explain the local setup.
• Down the road, the judge can order the person to reimburse those lawyer costs, acquitted or not (SDCL 23A-40-10).
• A lien can be filed against property, but the homestead is safe from foreclosure (SDCL 23A-40-11 and 23A-40-15).
• Small cases are the exception. Picture a ticket-level charge, such as a Class 2 misdemeanor, with the person at home and no jail possible. Then no lawyer is appointed (SDCL 23A-40-6.1).

The state's Office of Indigent Legal Services takes appeals, not trials.

• Circuit and magistrate court share the courthouse at 221 E. 8th St., Burke, SD 57523. Call the Clerk of Courts at 605-775-2665. Felonies, misdemeanors, town ordinance cases and first hearings all land here.
• Federal court, Central Division, Pierre: U.S. Post Office and Courthouse, 225 South Pierre Street, Pierre, SD 57501, 605-945-4600.
• Rosebud Sioux Tribe Courthouse, for tribal matters: 118 Marshall St., Rosebud, SD 57570, 605-747-2278.
• Sixth Circuit Drug & DUI Court: 8 E. Second Ave., Fort Pierre, SD 57532, 605-220-3850. Entry takes a referral. The defense lawyer can say whether a case from Burke fits.

Bail is released after the case wraps up with no broken terms (SDCL 23A-43-26). A ten percent deposit is returned on the same footing (SDCL 23A-43-3).

Here is how money gets lost:

• Missing court forfeits the bail and creates a new charge (SDCL 23A-43-31). Released on a felony or DUI, the no-show becomes a Class 6 felony; released on a misdemeanor, a Class 1 misdemeanor.
• A major break of the terms allows forfeiture plus an arrest warrant (SDCL 23A-43-21).
• A forfeiture may be set aside if justice calls for it, such as a prompt return with a good reason (SDCL 23A-43-22).
• Forfeited deposits go to the county treasury (SDCL 23A-43-25).

Ask the Clerk of Courts, 605-775-2665, if fines or costs get taken out of cash bail first and whose name goes on the refund.

Wallets, phones, clothes and any account balance remain at whatever jail did the booking. Try to settle it on release day.

• For the Winner City Jail, 217 E. 3rd St., Winner, SD 57580, dial 605-842-3328. Ask how leftover funds are paid out and what time items may be fetched.
• Carry ID. Picking up for another adult? Ask whether you need their written okay.
• State law lets the costs of confinement be charged to the prisoner (SDCL 24-11-45).

Our inmate account page explains deposits and payouts.

A federal judge in Pierre decides. Those cases are heard in the Central Division of the U.S. District Court for the District of South Dakota. The clerk's office address is U.S. Post Office and Courthouse, 225 South Pierre Street, Pierre, SD 57501, phone 605-945-4600.

• Lawyers argue jail versus release at the opening federal hearing (18 U.S.C. 3142). A delay asked for by the defense is capped at five days, by the government at three, and the accused stays jailed meanwhile.
• Custody belongs to the U.S. Marshals. The Pierre office, at 225 South Pierre Street, Suite 425, Pierre, SD 57501, 605-224-8396, can tell you the jail.
• U.S. Pretrial Services in Pierre, 605-945-4640, gives the judge a release report.
• Serious crimes in Indian country, robbery and murder among them, fall under federal law (18 U.S.C. 1153).
• After sentencing, the Federal Bureau of Prisons inmate locator shows where they went.

No. A detainer survives a posted state bond. In order:

1. Federal immigration agents (ICE) lodge a detainer, Form I-247A.
2. It requests custody for up to 48 hours after they would otherwise be released, giving agents time to collect them (8 CFR 287.7(d)).
3. For South Dakota, the responsible office is the ICE St. Paul Field Office, 1 Federal Drive, Suite 1601, Fort Snelling, MN 55111, 612-843-8600.
4. ICE names the following South Dakota jail among its detention sites: Pennington County Jail, 307 Saint Joseph St, Rapid City, SD 57701, 605-394-6116.
5. Search the ICE Online Detainee Locator by name and birth country.

Finally, state law. SB 7 (SL 2025, ch 100) cancels any local rule that would bar talking with federal agents about whether someone is lawfully here.

That depends on the crime class. Jail time for misdemeanors happens in a county jail, capped at one year for Class 1 and 30 days for Class 2 (SDCL 22-6-2). Prison time for felonies is under the South Dakota Department of Corrections (SDCL 22-6-1). Judges begin from probation for Class 5 and 6 felonies (SDCL 22-6-11).

• To find a state prisoner, use the DOC offender locator.
• Department of Corrections central office: 3200 East Highway 34, Pierre, SD 57501, 605-773-3478.
• Prison-by-prison details sit on our page about South Dakota's prisons.

Youth cases belong to circuit court, which covers children from age 10 (SDCL 26-8C-2). Most youths go home with family. Detention is a narrow exception: the intake officer must cite a ground the statute names and use the gentlest setting that will do (SDCL 26-8C-3).

• A youth case shifts to adult court only by a judge's ruling after a transfer hearing (SDCL 26-11-4).
• For the youth's location, phone the Sheriff's Office at 605-775-2626.
• Juvenile probation is handled by Court Services, 104 E. Capitol Ave., Suite 3, Pierre, SD 57501, 605-773-3874.
• When tribal police make the arrest, ask about the Rosebud Sioux Tribe Juvenile Detention Center, 26628 US Highway 18, Mission, SD 57555, 605-856-8701.