23A-27A-26.3. Procedures for determining intellectual disability of defendant. Not later than ninety days before the commencement of trial, the defendant may upon a motion alleging reasonable cause to believe the defendant was intellectually disabled at the time of the commission of the offense, apply for an order directing that an intellectual disability hearing be conducted […]
23A-27A-26.4. Appeal by state. If the court enters an order pursuant to §23A-27A-26.3 finding that the defendant was intellectually disabled at the time of the commission of the offense, the state may appeal as of right from the order. Upon entering such an order, the court shall afford the state a reasonable period of time, […]
23A-27A-26.5. Examination of defendant by expert designated by state–Videotaped recording–Defendant’s statements inadmissible except as to issue of intellectual disability. If a defendant serves notice pursuant to §23A-27A-26.3, the state may make application, upon notice to the defendant, for an order directing that the defendant submit to an examination by a psychiatrist, licensed psychologist, or licensed […]
23A-27A-26.6. Applicability of §§23A-27A-26.1 to 23A-27A-26.7, inclusive. The provisions of §§23A-27A-26.1 to 23A-27A-26.7, inclusive, apply only to offenses alleged to have been committed by the defendant after July 1, 2000. Source: SL 2000, ch 112, §6.
23A-27A-26.7. Inseparability of §§23A-27A-26.1 to 23A-27A-26.7, inclusive. The provisions of §§23A-27A-26.1 to 23A-27A-26.7, inclusive, are essentially and inseparably connected and interdependent. Source: SL 2000, ch 112, §7.
23A-27A-27. Pregnancy of defendant–Examination–Report. If there is reasonable ground to believe that a female defendant sentenced to death is pregnant, the warden having her in custody shall arrange for an examination of the defendant to determine her condition. Upon the completion of the examination, the warden shall make a report in writing over the warden’s […]
23A-27A-28. Suspension of sentence if defendant pregnant. If the examination under §23A-27A-27 finds that the defendant is pregnant the execution of the sentence shall be suspended by the sentencing court. The defendant may not be executed until a new warrant of death sentence and execution is received from the sentencing court so directing. Source: SL […]
23A-27A-29. Defendant no longer pregnant–Execution warrant issued. If the execution of a sentence is suspended pursuant to §23A-27A-28, as soon as the sentencing court is satisfied the defendant is no longer pregnant, the sentencing court shall forthwith issue a warrant of death sentence and execution appointing a week for her execution, pursuant to her sentence. […]
23A-27A-3. Jury to determine existence of mitigating or aggravating circumstances–Instructions to jury. Upon the conclusion of the evidence, the judge shall give the jury appropriate instructions. After arguments of counsel, the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in §23A-27A-1, exist. The instructions as determined by the trial judge […]
23A-27A-31.1. Segregation of defendant from other inmates–Access to defendant by others limited. From the time of delivery to the penitentiary until the infliction of the punishment of death upon the defendant, unless lawfully discharged from such imprisonment, the defendant shall be segregated from other inmates at the penitentiary. No other person may be allowed access […]
23A-27A-31.2. Confidentiality of identity of person or entity supplying or administering intravenous injection substance–Violation as misdemeanor. The name, address, qualifications, and other identifying information relating to the identity of any person or entity supplying or administering the intravenous injection substance or substances under chapter 23A-27A are confidential. Disclosure of the foregoing information may not be […]
23A-27A-32. Place and manner of execution–Qualifications to administer intravenous injection–Substances dispensed to warden without prescription. The punishment of death shall be inflicted within the walls of some building at the state penitentiary. The punishment of death shall be inflicted by the intravenous injection of a substance or substances in a lethal quantity. The warden, subject […]
23A-27A-32.1. Execution of persons convicted before July 1, 2007–Choice of manner of execution. Any person convicted of a capital offense or sentenced to death prior to July 1, 2007 may choose to be executed in the manner provided in §23A-27A-32 or in the manner provided by South Dakota law at the time of the person’s […]
23A-27A-33. Place for persons and equipment provided at penitentiary. The Department of Corrections shall arrange for and provide a proper and suitable place at the state penitentiary for the custody of persons awaiting sentence of death and for the execution of the death sentence together with any and all proper equipment and appliances for the […]
23A-27A-34. Attendance at execution by attorney general, sentencing judge, state’s attorney, sheriff, representatives of victim, news media, and additional citizens approved by warden. The warden of the penitentiary shall request, by at least two days’ previous notice, the presence of the attorney general, the trial judge before whom the conviction was had or the judge’s […]
23A-27A-34.1. Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers. The warden shall arrange for the attendance of a person trained to examine the defendant and pronounce death and for the attendance of such penitentiary staff, Department of Corrections staff, and law enforcement officers as deemed necessary to perform […]
23A-27A-34.2. Witnesses permitted to defendant at execution. The defendant is permitted to have up to five witnesses present at the execution. Witnesses for the defendant may include counsel, members of the clergy, relatives, or friends. Source: SL 2008, ch 117, §30.
23A-27A-36. Other persons not permitted to attend. The warden may not permit any person to be present at the execution other than those designated in §§23A-27A-32, 23A-27A-34, 23A-27A-34.1, and 23A-27A-34.2 and may not permit the presence of any person under the age of eighteen years. Source: SL 1939, ch 135, §13; SL 1939, ch 136; […]
23A-27A-37. Secrecy of execution time–Disclosure as misdemeanor. Prior to the announcement required in §23A-27A-17, the scheduled day and time fixed by the warden for the execution shall be kept secret and in no manner divulged except privately to the persons invited or requested to be present as provided by §§23A-27A-32, 23A-27A-34, 23A-27A-34.1, and 23A-27A-34.2. It […]
23A-27A-37.1. Disability of warden–Appointment of deputy or other officer. In case of disability of the warden to whom the warrant of death sentence and execution is directed, the secretary of corrections shall appoint the deputy warden or such other officer of the Department of Corrections as may be necessary to carry out the warrant of […]
