23A-10A-1. Definition of mental incompetency. The term, “mentally incompetent to proceed,” as used in this chapter, means the condition of a person who is suffering from a mental disease, developmental disability, as defined in §27B-1-18, or psychological, physiological, or etiological condition rendering him mentally incompetent to the extent that he is unable to understand the […]
23A-10A-10. Expense of maintenance of defendant committed. 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 […]
23A-10A-13. Approved facility defined. The term, approved facility, as used in this chapter, means the Human Services Center; the state developmental centers; a community support provider; a mental health center, as defined by subdivision 27A-1-1(13), or any other facility approved by the Department of Human Services or the Department of Social Services for placement or […]
23A-10A-13.1 . Restoration to competency program defined. 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 concurrence of the […]
23A-10A-14. Facility’s report–Length of commitment determined–Review after one year–Dismissal on court finding. 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 […]
23A-10A-15. Length of detention for Class A, B, or C felony. 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 […]
23A-10A-16. Time in approved facility credited to term of imprisonment. 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 §23A-10A-5. Source: […]
23A-10A-17. Statistical report on competency examinations. The Unified Judicial System shall collect and report to the oversight council the average number of days from court order to the completion of competency examinations, and the number of competency examination continuances for good cause requested and granted. Source: SL 2017, ch 109, §17.
23A-10A-2. Incompetent person cannot be tried, sentenced or punished. 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.
23A-10A-3. Hearing on mental condition–Mental examination and report. 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, […]
23A-10A-4. Commitment–Finding required–Duration. 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 the defendant is unable to understand the nature and consequences […]
23A-10A-4.1. Recovery of defendant–Notice–Hearing–Discharge–Bail. 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 assist properly in the defense, the […]
23A-10A-4.2. Findings as to mental competence not prejudicing insanity defense–Inadmissible. 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 […]
23A-10A-5. Suspension of proceedings pending determination of defendant’s competency. 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 […]
23A-10A-6. Rules governing competency proceedings. 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.
23A-10A-6.1. Burden and standard of proof. 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.
