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S.D. Codified Laws ch. 23A-10A – Inquiry into Defendant's Mental Competency to Proceed | Midpage
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South Dakota Codified Laws
Title 23A
Chapter 23A-10A
S.D. Codified Laws ch. 23A-10A
Inquiry into Defendant's Mental Competency to Proceed
23A-10A-1
Definition of mental incompetency.
23A-10A-2
Incompetent person cannot be tried, sentenced or punished.
23A-10A-3
Hearing on mental condition--Mental examination and report.
23A-10A-4
Commitment--Finding required--Duration.
23A-10A-4.1
Recovery of defendant--Certificate--Discharge pending hearing--Notice--Hearing.
23A-10A-4.2
Findings as to mental competence not prejudicing insanity defense--Inadmissible.
23A-10A-5
Suspension of proceedings pending determination of defendant's competency.
23A-10A-6
Rules governing competency proceedings.
23A-10A-6.1
Burden and standard of proof.
23A-10A-7
23A-10A-7 to 23A-10A-9. Repealed by SL 1985, ch 192, §§ 42 to 44
23A-10A-10
Expense of maintenance of defendant committed.
23A-10A-11
23A-10A-11, 23A-10A-12. Repealed by SL 1985, ch 192, §§ 45, 46
23A-10A-13
Approved facility defined.
23A-10A-13.1
Restoration to competency program defined.
23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.
23A-10A-15
Length of detention for Class A, B, or C felony.
23A-10A-16
Time in approved facility credited to term of imprisonment.