SDCL § 33-10-168: Persons subject to deferment until permanently released to state military forces.

Section 33-10-167 applies to a person subject to this code who:

(1) While in the custody of a state, the United States, or a foreign country is temporarily returned by that state, the United States, or a foreign country to the state military forces for trial by court-martial; and

(2) After the court-martial, is returned to that state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be.

For the purposes of this section and § 33-10-167, the term, state, includes the District of Columbia and any commonwealth, territory, or possession of the United States.