Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-46-1 Conduct of psychiatric or psychological examination--Appointment of examiners--Additional examiners--Commitment for examination
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A psychiatric or psychological examination ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, shall be conducted by: (1) A licensed or certified psychiatrist; (2) A licensed clini…
SDCL § 23A-46-1.1 List of professionals qualified to conduct evaluations
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The licensing board of each professional listed in § 23A-46-1 shall maintain a list of each professional licensed under their authority qualified to conduct competency evaluations. The Department of Social Services shall maintain a list of those evaluators for use by the courts i…
SDCL § 23A-46-10 Commitment--Finding
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If, after the hearing, the court finds by clear and convincing evidence that the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of anot…
SDCL § 23A-46-11 Recovery--Release procedure--Compliance with prescribed regimen as condition
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When the director of the facility in which a person is hospitalized pursuant to § 23A-46-10 determines that the person has recovered from his mental disease or defect to such an extent that his release would no longer create a substantial risk of bodily injury to another person o…
SDCL § 23A-46-12 Failure to comply with regimen--Notice--Arrest--Court determination
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The director of the medical facility responsible for administering the regimen imposed on a person conditionally discharged under § 23A-46-11 shall notify the prosecuting attorney and the court having jurisdiction over the person of any failure of the person to comply with the re…
SDCL § 23A-46-13 Hospitalized person against whom charges dismissed--Notice of risk--Civil proceedings
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If the administrator of the facility in which a person is hospitalized pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, certifies that the person, against whom all charges have been dis…
Report by examiner--Contents
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A psychiatric or psychological report ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive; 23A-26-12 to 23A-26-12.6 , inclusive; or 23A-27-42 to 23A-27-46 , inclusive, shall be prepared by the examiner designated to conduct the psychiatric or psychological e…
Hearing--Representation of subject--Opportunity to present evidence
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At a hearing ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, the person whose mental condition is the subject of the hearing shall be represented by counsel and, if he is finan…
SDCL § 23A-46-4 Reports of director of facility where person hospitalized
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The director of the facility in which a person is hospitalized pursuant to: (1) Section 23A-10-4 , shall prepare semiannual reports; or (2) Section 23A-26-12.1 , 23A-27-43 , or 23A-46-9 , shall prepare an annual report concerning the mental condition of the person and containing …
SDCL § 23A-46-5 Video tape of defendant's testimony or interview
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Upon written request of defense counsel, the court may order a video tape record made of the defendant's testimony or interview upon which the periodic report is based pursuant to §
SDCL § 23A-46-6 Habeas corpus proceeding not precluded
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Nothing contained in § 23A-26-12 or 23A-46-10 precludes a person who is committed under either of such sections from establishing by writ of habeas corpus the illegality of his detention. Source: SL 1985, ch 192 , § 35.
SDCL § 23A-46-7 Hearing on discharge of person--Time for requesting
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Regardless of whether the director of the facility in which a person is hospitalized has filed a certificate as provided in this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, counsel for the person o…
SDCL § 23A-46-8 Notice that release of hospitalized person would create substantial risk--Stay of release
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If the director of a facility in which a person is hospitalized certifies that a person whose sentence is about to expire or who has been committed to the custody of the Human Services Center pursuant to § 23A-10A-4 , or against whom all criminal charges have been dismissed solel…
SDCL § 23A-46-9 Mental examination and report--Conduct of hearing
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Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted and that a psychiatric or psychological report be filed with the court, pursuant to §§ 23A-46-1 and