Hearings and examinations regarding mental competence of defendant--Change in circumstances

SDCL § 23A-27A-22.1 — under CAPITAL PUNISHMENT.

SDCL § 23A-27A-22.1

If the warden notifies the sentencing court that a defendant under a sentence of death does not appear to be mentally competent to be executed, or if the prosecuting attorney or the defense attorney moves for a determination of whether the defendant is mentally competent to be executed, and the sentencing court determines that there is a substantial threshold showing of incompetence to be executed, the sentencing court shall conduct hearings and order mental examinations pursuant to this section and §§ 23A-27A-22.2 to 23A-27A-22.5 , inclusive. Prior to the date of the hearing, the court may order that a psychiatric examination of the defendant be conducted pursuant to § 23A-27A-22.2 , and that a psychiatric report be filed with the court, pursuant to §