Title 23A — CRIMINAL PROCEDURE

The expenses of keeping a defendant in the approved facility is chargeable and collectible in the same manner as when a mentally ill person not charged with a public offense is committed thereto. Source: SDC 1939 & Supp 1960, § 34.2005; SDCL, § 23-38-8; SL 1978, ch 175 , § 10; SL…

The term, restoration to competency program, as used in this chapter, means a program under the direction of an approved facility which is designed to restore the defendant to competency in an inpatient, outpatient, or jail-based setting. The term includes a county jail upon the …

After four months of evaluation, pursuant to § 23A-10A-4 , if the facility has not certified that the defendant is competent to proceed, pursuant to § 23A-10A-4 .1, the director of the approved facility shall issue a report to the circuit court evaluating whether there is a subst…

If the most serious charge against the defendant is a Class A, B, or C felony, the order shall be for a term of years the court determines is reasonable or until the charges have been dismissed by the prosecution. The order may not exceed the maximum penalty allowable for the mos…

Time spent by a defendant in a restoration to competency program or an approved facility pursuant to this chapter, shall be credited to the term of imprisonment, if any, for which the defendant is sentenced in the criminal case which was suspended under §

Source: SL 2017, ch 109 , § 17; SL 2023, ch 79 , § 1.

A person cannot be tried, sentenced, or punished for any public offense while he is mentally incompetent to proceed. Source: CCrimP 1877, § 514; CL 1887, § 7564; RCCrimP 1903, § 543; RC 1919, § 4793; SDC 1939 & Supp 1960, § 34.2001; SDCL, § 23-38-1; SL 1978, ch 175 , § 1.

At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the prosecuting attorney may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the motion, or sha…

If, after the hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or developmental disability, or other conditions set forth in § 23A-10A-1 , rendering the defendant mentally incompetent to the extent that th…

If the director of the facility under which the defendant is being treated in accordance with § 23A-10A-4 determines that the defendant has recovered to an extent that the defendant is able to understand the nature and consequences of the proceedings against the defendant and to …

A finding by the court that the defendant is mentally competent to stand trial may not prejudice the defendant in raising the issue of his insanity as a defense to the offense charged, and may not be admissible as evidence in a trial for the offense charged. Source: SL 1985, ch 1…

The trial of the indictment or information or the sentencing, as the case may be, shall be suspended until the question of mental competency is determined by the court. Source: SDC 1939 & Supp 1960, § 34.2002; SDCL, § 23-38-3; SL 1978, ch 175 , § 5; SL 1991, ch 199 , § 10; SL 199…

The proceedings on the question of mental competency shall be conducted according to the rules of criminal procedure. Source: SDC 1939 & Supp 1960, § 34.2003; SDCL, § 23-38-4; SL 1978, ch 175 , § 6.

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 . 23A-10A-7 to 23A-10A-9. Repeal…