Section 23A-27A-22.1 – Hearings and examinations regarding mental competence of defendant–Change in circumstances.
23A-27A-22.1. Hearings and examinations regarding mental competence of defendant–Change in circumstances. If the warden notifies the sentencing court that a defendant under a sentence of death does not appear to be mentally competent to be executed, or if the prosecuting attorney or the defense attorney moves for a determination of whether the defendant is mentally […]
Section 23A-27A-22.2 – Psychiatric examination.
23A-27A-22.2. Psychiatric examination. Any psychiatric examination ordered pursuant to §23A-27A-22.1 shall be conducted by a licensed or certified psychiatrist, or, if the court finds it appropriate, by more than one such psychiatrist. Each psychiatrist shall be designated by the court. For the purposes of a psychiatric examination ordered pursuant to §23A-27A-22.1, the defendant shall remain […]
Section 23A-27A-22.3 – Psychiatric report.
23A-27A-22.3. Psychiatric report. Any psychiatric report ordered pursuant to §23A-27A-22.1 shall be prepared by the psychiatrist designated to conduct the psychiatric examination, shall be filed with the court with copies provided to the counsel for the defendant and to the prosecuting attorney, and shall include: (1)The defendant’s history and present symptoms; (2)A description of the […]
Section 23A-27A-22.4 – Video tape record of psychiatric examination.
23A-27A-22.4. Video tape record of psychiatric examination. Upon written request of defense counsel, the court may order a video tape record made of the defendant’s psychiatric examination conducted pursuant to §23A-27A-22.1. Either the prosecuting attorney or the defendant’s counsel may request a copy of the video tape record. The video tape record shall be submitted […]
Section 23A-27A-16 – Delivery of defendant with warrant to penitentiary.
23A-27A-16. Delivery of defendant with warrant to penitentiary. Within ten days after the issuing of a warrant of death sentence and execution under §23A-27A-15, the sheriff shall deliver the defendant together with certified copies of the warrant of death sentence and execution and the judgment of conviction to the penitentiary. Source: SL 1939, ch 135, […]
Section 23A-27A-17 – Date and time of execution–Warden to make public announcement.
23A-27A-17. Date and time of execution–Warden to make public announcement. The week so appointed shall be not less than six months nor more than eight months after the date of judgment of death. The time of execution within the week shall be left to the discretion of the warden to whom the warrant is directed. […]
Section 23A-27A-19 – Investigation by Governor.
23A-27A-19. Investigation by Governor. The Governor may make such investigation of the case as the Governor may deem proper and may require the assistance of the attorney general. Source: SL 1939, ch 135, §4; SDC Supp 1960, §34.27A04; SDCL §23-49-5; SL 1979, ch 160, §21; SL 2008, ch 117, §6.
Section 23A-27A-20 – Reprieve or suspension of sentence by Governor during investigation.
23A-27A-20. Reprieve or suspension of sentence by Governor during investigation. The Governor may reprieve or suspend the execution of the sentence for such reasonable time as the Governor may see fit for the purpose of completing an investigation or other like proper purpose but the period of reprieve or suspension shall not in any event, […]
Section 23A-27A-21 – Power to reprieve or suspend sentence limited to Governor–Exception.
23A-27A-21. Power to reprieve or suspend sentence limited to Governor–Exception. No judge, officer, commission, or board, other than the Governor, may reprieve or suspend the execution of a judgment of death. However, the warden or deputy warden of the penitentiary is authorized so to do in a case and in the manner prescribed in this […]
Section 23A-27A-5 – Written designation of aggravating circumstances required.
23A-27A-5. Written designation of aggravating circumstances required. The jury, if its verdict is a recommendation of death, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. Upon the findings of the jury, the judge shall fix a sentence of death. Source: […]