Miner County Sheriff's Office Inmate Bail & Bonds

It depends on the charge. Miner sits in the Third Judicial Circuit, and that circuit's written arrest rules work like this:

• Deputies may call a judge about bond between 8 a.m. and 9 p.m. Anyone booked past 9 p.m. waits for the 8 a.m. call or later.
• A judge, not a clerk, fixes bond on all felonies. Judges also set it on several Class 1 misdemeanors: simple assault, stalking, and violations of no-contact or protection orders.
• Class 2 misdemeanors get personal recognizance, meaning release on a signed pledge.
• Someone kept without bond must get a probable cause finding from a judge inside 48 hours. If none comes, the jail lets them out.
• No warrant at the arrest? Then a complaint must be filed within two business days, or the person is released.

The law says the first stop is a judge, reached "without unnecessary delay," whether face to face or by video hookup (SDCL 23A-4-1). That judge reads the charge, covers the right to counsel and to silence, and sets release terms (SDCL 23A-4-3). The Sheriff's Office, 401 N. Main St., Howard, SD 57349, 605-772-4501, knows when that hearing is.

Judges must reach for the mildest tool first. That means a personal pledge or an unsecured bond, with nothing paid up front (SDCL 23A-43-2). Only when that falls short may the judge climb this ladder, one rung at a time (SDCL 23A-43-3):

1. Placing the person with someone willing to watch over them.
2. Limits on travel, friends or living arrangements.
3. Mental health terms.
4. A deposit of no more than ten percent of the bond. It comes back after the person keeps every term.
5. A bondsperson's bond, or the full figure in cash.
6. Anything else reasonably needed.

The judge looks at the crime, how good the proof is, and any mental health report. Will the person run? Could they hurt someone? Those count too (SDCL 23A-43-4).

For DUI and drug charges, a judge may require the 24/7 Sobriety Program as part of bond (SDCL 1-11-20). Expect breath checks twice daily; other options are an ankle monitor, urinalysis, or a patch that detects drugs. State law limits what testing can cost: $3 per breath check, $10 per urinalysis, $70 per patch, and $10 per bracelet day, plus as much as $50 to attach the bracelet and $50 to remove it. Blowing positive or skipping a check can mean a trip back to jail with no bond until the judge holds a hearing. Call the Sheriff's Office to learn the testing spot for people from this county.

South Dakota clerks follow one chart, the statewide FY27 bond schedule, which every circuit, the Third included, adopted for July 1, 2026. A few examples:

• First or second DUI: $225 to $1,000
• Third DUI or more, a felony: $1,000 to $5,000
• Grand theft: $1,000 to $10,000
• Robbery: $1,000 to $25,000
• Up to two ounces of marijuana, charged as a misdemeanor: personal recognizance, so no money
• Any Class 2 misdemeanor in this circuit: personal recognizance
• Domestic abuse: set by a judge only
• Murder, kidnapping or first-degree manslaughter: first appearance before a judge, with no clerk bond

Real cases can land above or below the chart. Get the actual figure from the Clerk of Courts, 605-772-4612.

Payment usually goes where the person is housed. Work through these steps:

1. Phone the Sheriff's Office, 401 N. Main St., Howard, SD 57349, 605-772-4501. Write down which jail, the dollar amount and each charge.
2. Housed in Mitchell? The Davison County Jail, 1015 S. Miller Avenue, Mitchell, SD 57301, says on its own site that bond may be paid online with JailATM. For paying face to face, call 605-995-8639 about hours and accepted forms.
3. Housed by Edmunds County? Ring the Edmunds County Jail, 221 2nd Street, Ipswich, SD 57451, 605-426-6002, to learn its bond steps.
4. Pack a photo ID plus the full sum, and keep each receipt.
5. Ask staff to read you the release terms, like no-contact orders or 24/7 testing, before pickup.

Sometimes. Clerk magistrates can fix bond from the chart and accept a personal recognizance (SDCL 16-12C-10). The Clerk of Courts sits in the county courthouse, 401 N. Main St., Howard, SD 57349, 605-772-4612.

• Hours run 9:00 a.m. to 4:00 p.m., but only on Monday, Wednesday and Friday.
• The building locks at 4:00 p.m. weekdays and stays shut on weekends and holidays.
• Call before the drive. Make sure this bond can be taken at the counter, which payment works, and how soon the jail learns it was paid.

On Tuesday, Thursday or a weekend, start with the jail that houses the person.

Rules vary by window, so check first.

• Davison jail online: its page sends bond payers to JailATM. Ask the jail, 1015 S. Miller Avenue, Mitchell, SD 57301, 605-995-8639, about added charges.
• State court payments: UJS ePayments is for fines, costs and restitution by card. Bond money can't be paid there.
• Counter payments: in-person windows mostly take cash, money orders and cashier's checks. The Clerk of Courts, 605-772-4612, can say what name goes on a check.

Never mail cash.

A bondsperson covers the whole bond and keeps a fee that never comes back to you. South Dakota licenses each one (SDCL 58-22), and the court system publishes the official bail bond agents list.

• An unlicensed agent commits a Class 6 felony (SDCL 58-22-4).
• Deputies, jailers and police can't profit from any bond (SDCL 58-22-3).
• Soliciting where prisoners are confined is barred (SDCL 58-22-32).
• Fees differ between agents. Ask for a written receipt that shows the fee and lists anything you pledge as collateral.
• A relative can be the surety. They must swear in writing to what they own and what they owe on it. A lawyer in practice cannot sign (SDCL 23A-43-20).

License checks and complaints go to the South Dakota Division of Insurance, 124 South Euclid Avenue, 2nd Floor, Pierre, SD 57501, 605-773-3563.

One paid bond doesn't always open the door. Watch for these:

• Other cases. Warrants from elsewhere in South Dakota or another state keep someone in.
• Probation. Someone on probation may be held at the request of their officer. Court Services for this county works from 200 East Center Street, Madison, SD 57042, 605-256-5645.
• Domestic charges. No officer may let the person go without first notifying a judge, who picks the bond and terms, like moving out or staying sober (SDCL 25-10-40, 25-10-41).
• Immigration. A federal detainer can stretch the stay.
• Testing trouble. Skipped or failed 24/7 checks bring a no-bond arrest.

After a domestic arrest, a no-contact rule covers the alleged victim and everyone at that address until the first court date. Calls, letters and messages passed along by friends or relatives all count. Breaking this is a Class 1 misdemeanor (SDCL 25-10-43), so please don't relay messages. The Sheriff's Office, 605-772-4501, can say which hold applies. For other holds, from tribal courts or federal agents, see how those cases move through South Dakota.

Very rarely. South Dakota's constitution lets only a capital charge with strong proof go without bail (S.D. Const. art. VI, § 8). All other charges carry some route to release, though it may be costly or strict.

High bond or tight rules can still hold a person, since judges weigh safety and flight (SDCL 23A-43-4). Under Marsy's Law, victims may speak up at release hearings (S.D. Const. art. VI, § 29).

The county State's Attorney handles prosecution and argues bond. Write to PO Box 189, Howard, SD 57349-0189, or call 605-772-4488.

Through a request filed by the defense lawyer. State law offers these routes:

• Terms can be amended by a judge whenever needed (SDCL 23A-43-7).
• Is the person still held a day after the release hearing because bond or the rules can't be met? Then they may ask for the terms to be looked at again (SDCL 23A-43-8).
• Terms from a magistrate can go to a circuit judge for review (SDCL 23A-43-14). The state Supreme Court hears appeals after that (SDCL 23A-43-15).

Families help by gathering proof of work, a steady address, children or parents who rely on the person, and years spent nearby. To reach the appointed lawyer, ask the Clerk of Courts, 605-772-4612.

It can. A person charged who has no means to hire counsel asks the judge at the first appearance (SDCL 23A-40-6). This county has no public defender's office. The judge names a private attorney, and county taxes cover the fee (SDCL 23A-40-7, 23A-40-8).

• Some small cases get no lawyer. That is when the person is out of jail, the charge is a Class 2 misdemeanor, ticket or petty offense, and the judge says no jail time is possible (SDCL 23A-40-6.1).
• Repayment to the county can be ordered, even after an acquittal (SDCL 23A-40-10).
• The county can record a lien against property, but the person's homestead stays safe from foreclosure (SDCL 23A-40-11, 23A-40-15).
• Appeals, not trials, go to the state Office of Indigent Legal Services.

To ask for the paperwork, call the Clerk of Courts, 605-772-4612.

Even with the person jailed elsewhere, state charges are heard at home.

• County courthouse: circuit and magistrate court share 401 N. Main St., Howard, SD 57349. The Clerk of Courts, 605-772-4612, keeps Monday, Wednesday and Friday hours, 9:00 a.m. to 4:00 p.m. Town ordinance tickets land in this magistrate court as well.
• Federal court: the Southern Division sits in the United States Courthouse, 400 S. Phillips Ave., Sioux Falls, SD 57104, 605-330-6600.

Some hearings reach the host jail by video link.

If every court date is met through the end of the case, the court releases the bail (SDCL 23A-43-26). Ten percent deposits likewise return after the terms are satisfied (SDCL 23A-43-3).

A no-show changes everything:

• The court forfeits the bail and orders a warrant (SDCL 23A-43-21).
• Failing to show up becomes a new crime. For a person freed on a felony or DUI charge, that new crime is a Class 6 felony. For one freed on a lesser charge, the new count is a Class 1 misdemeanor (SDCL 23A-43-31).
• A judge has power to set the forfeiture aside when justice allows (SDCL 23A-43-22).

Before you post cash for another adult, call the Clerk of Courts at 605-772-4612. Ask how refunds work and whose name goes on the check. Also ask if fines or costs could come out of the cash first.

Personal items and leftover account funds stay with the host jail. Phone it before making the drive:

• Davison County Jail, 1015 S. Miller Avenue, Mitchell, SD 57301, 605-995-8639
• Edmunds County Jail, 221 2nd Street, Ipswich, SD 57451, 605-426-6002

Ask how account balances are paid out, whether the person must sign before you pick up their bag, and which ID works. Line up a ride, because these jails sit a long way from home. Jail stay costs may be billed to the person (SDCL 24-11-45).

Federal judges handle it. Charges from this county land in the Southern Division, United States Courthouse, 400 S. Phillips Ave., Sioux Falls, SD 57104, 605-330-6600.

1. At the first appearance, the judge orders release on a pledge, release with conditions, or detention (18 U.S.C. 3142).
2. The detention hearing starts at once. A delay asked by the defense lasts no more than five days, and one asked by prosecutors no more than three. The person remains in custody during it.
3. Until trial, federal defendants are in the Marshals' charge. The Sioux Falls office is at 400 South Phillips Avenue, Room 216, Sioux Falls, SD 57104, 605-330-4351.
4. Following a sentence, track them on the Federal Bureau of Prisons inmate locator.

A state bond paid here leaves a federal hold untouched.

It does not. The state charge can be bonded out while immigration keeps its claim. Typical steps:

1. Immigration agents send the host jail Form I-247A, a detainer that asks for a short hold.
2. The jail may keep them up to 48 hours after they would otherwise be released (8 CFR 287.7(d)).
3. Officers from ICE's St. Paul Field Office, 1 Federal Drive, Suite 1601, Fort Snelling, MN 55111, 612-843-8600, serve South Dakota and may pick the person up.
4. Look them up on the ICE Online Detainee Locator. It searches by A-number. If there is none, use the name and birth country.

Talk to an immigration attorney before paying bond in such a case. South Dakota passed SB 7 (SL 2025, ch 100), which voids local policies that limit what counties or cities share with federal officials on immigration status.

County jail holds misdemeanor sentences. Felony prison time belongs to the South Dakota Department of Corrections (SDCL 22-6-1). For Class 5 and Class 6 felonies, the law presumes probation (SDCL 22-6-11), with up to a year of county jail as another option (SDCL 22-6-1.1).

• Use a name or a DOC number in the state's offender locator.
• Prison visits and mailing rules are on our guide to South Dakota state prisons.
• DOC's central office: 3200 East Highway 34, Pierre, SD 57501, 605-773-3478.

Teens are kept apart from adult prisoners. Circuit court handles delinquency for anyone 10 or older (SDCL 26-8C-2). A parent normally collects the child. Secure detention takes an intake officer's finding under SDCL 26-8C-3.

A youth who must be held rides to Sioux Falls. The place is called the Minnehaha County Regional Juvenile Detention Center, 4200 S. West Ave., Sioux Falls, SD 57105, 605-367-4313, staffed around the clock. Shifting the case to adult court needs a judge's ruling after a transfer hearing (SDCL 26-11-4).