If the defendant, state, or court asserts that a defendant is mentally incompetent to proceed, the state has the burden of proving the mental competence of the defendant by a preponderance of the evidence. Source: SL 1984, ch 178 ; SL 1988, ch 190 .
SDCL § 23A-10A-6.1, under INQUIRY INTO DEFENDANT'S MENTAL COMPETENCY TO PROCEED.
SDCL § 23A-10A-6.1
If the defendant, state, or court asserts that a defendant is mentally incompetent to proceed, the state has the burden of proving the mental competence of the defendant by a preponderance of the evidence. Source: SL 1984, ch 178 ; SL 1988, ch 190 .