Section 23A-27-43 – Mental examination and report before hearing.
23A-27-43. Mental examination and report before hearing. 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 23A-46-2. If the report includes an opinion by the examiner that […]
Section 23A-27-44 – Conduct of hearing.
23A-27-44. Conduct of hearing. The hearing shall be conducted pursuant to the provisions of §23A-46-3. Source: SL 1985, ch 192, §21.
Section 23A-27-45 – Commitment–Finding–Provisional sentence.
23A-27-45. Commitment–Finding–Provisional sentence. If, after hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect and that he should, in lieu of being sentenced to imprisonment, be committed to a suitable facility for care or treatment, the court shall commit the defendant to […]
Section 23A-27-46 – Recovery of defendant–Notice–Final sentencing.
23A-27-46. Recovery of defendant–Notice–Final sentencing. When the administrator of the human services center determines that the defendant has recovered from his mental disease or defect to such an extent that he is no longer in need of custody for care or treatment in such a facility, he shall promptly file a certificate to that effect […]
Section 23A-27-36.1 – Sentence to commence after expiration of last sentence of imprisonment.
23A-27-36.1. Sentence to commence after expiration of last sentence of imprisonment. If a person is convicted of a crime committed while confined in a county or municipal jail, upon conviction, the sentence does not commence to run until the expiration of the last sentence of imprisonment, unless the sentencing court specifically orders otherwise. Source: SL […]
Section 23A-27-38 – Guilty but mentally ill finding or plea–Sentence–Treatment.
23A-27-38. Guilty but mentally ill finding or plea–Sentence–Treatment. If a defendant is found “guilty but mentally ill” or enters that plea and the plea is accepted by the court, the court shall impose any sentence which could be imposed upon a defendant pleading or found guilty of the same charge. If the defendant is sentenced […]
Section 23A-27-26 – Judgment against defendant for costs–Items excluded–Enforcement as civil judgment.
23A-27-26. Judgment against defendant for costs–Items excluded–Enforcement as civil judgment. In all criminal actions, upon conviction of the defendant, the court may adjudge that the defendant pay the whole or any part of the costs of that particular prosecution in addition to the liquidated costs provided by §23-3-52. However, the costs shall not include items […]
Section 23A-27-27 – Fees and costs included in judgment for costs against defendant.
23A-27-27. Fees and costs included in judgment for costs against defendant. The statutory fees of the sheriff incurred in connection with the prosecution and witnesses’ fees and mileage paid or ordered paid by the county including fees of witnesses, cost of transcripts, court appointed counsel fees, filing fees, breathalyzer test fees, blood test fees, and […]
Section 23A-27-28 – Entry and docketing of judgment for costs against defendant.
23A-27-28. Entry and docketing of judgment for costs against defendant. The clerk of courts shall enter judgment for the amount of costs taxed by the court and docket the same as a part of the judgment and such entry and docketing shall be of the same force and effect as if done by the court. […]
Section 23A-27-29 – Copy of judgment for costs furnished to officer for execution.
23A-27-29. Copy of judgment for costs furnished to officer for execution. When a judgment has been rendered, a certified copy thereof must forthwith, unless otherwise ordered by the court, be furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its […]