Section 23A-46-13 – Hospitalized person against whom charges dismissed–Notice of risk–Civil proceedings.
23A-46-13. Hospitalized person against whom charges dismissed–Notice of risk–Civil proceedings. If the administrator of the facility in which a person is hospitalized pursuant to this chapter, §§23A-10A-3 to 23A-10A-4.2, inclusive, 23A-26-12 to 23A-26-12.6, inclusive, or 23A-27-42 to 23A-27-46, inclusive, certifies that the person, against whom all charges have been dismissed for reasons not related to […]
Section 23A-46-3 – Hearing–Representation of subject–Opportunity to present evidence.
23A-46-3. Hearing–Representation of subject–Opportunity to present evidence. At a hearing ordered pursuant to this chapter, §§23A-10A-3 to 23A-10A-4.2, inclusive, 23A-26-12 to 23A-26-12.6, inclusive, or 23A-27-42 to 23A-27-46, inclusive, the person whose mental condition is the subject of the hearing shall be represented by counsel and, if he is financially unable to obtain adequate representation, counsel […]
Section 23A-46-4 – Reports of director of facility where person hospitalized.
23A-46-4. Reports of director of facility where person hospitalized. The director of the facility in which a person is hospitalized pursuant to: (1)Section 23A-10-4, shall prepare semiannual reports; or (2)Section 23A-26-12.1, 23A-27-43, or 23A-46-9, shall prepare an annual report concerning the mental condition of the person and containing recommendations concerning the need for his continued […]
Section 23A-46-5 – Video tape of defendant’s testimony or interview.
23A-46-5. Video tape of defendant’s testimony or interview. Upon written request of defense counsel, the court may order a video tape record made of the defendant’s testimony or interview upon which the periodic report is based pursuant to §23A-46-4. Such video tape record shall be submitted to the court along with the periodic report. Source: […]
Section 23A-46-6 – Habeas corpus proceeding not precluded.
23A-46-6. Habeas corpus proceeding not precluded. Nothing contained in §23A-26-12 or 23A-46-10 precludes a person who is committed under either of such sections from establishing by writ of habeas corpus the illegality of his detention. Source: SL 1985, ch 192, §35.
Section 23A-46-7 – Hearing on discharge of person–Time for requesting.
23A-46-7. Hearing on discharge of person–Time for requesting. Regardless of whether the director of the facility in which a person is hospitalized has filed a certificate as provided in this chapter, §§23A-10A-3 to 23A-10A-4.2, inclusive, 23A-26-12 to 23A-26-12.6, inclusive, or 23A-27-42 to 23A-27-46, inclusive, counsel for the person or his guardian may, at any time […]
Section 23A-46-8 – Notice that release of hospitalized person would create substantial risk–Stay of release.
23A-46-8. Notice that release of hospitalized person would create substantial risk–Stay of release. If the director of a facility in which a person is hospitalized certifies that a person whose sentence is about to expire or who has been committed to the custody of the Human Services Center pursuant to §23A-10A-4, or against whom all […]
Section 23A-46-9 – Mental examination and report–Conduct of hearing.
23A-46-9. Mental examination and report–Conduct of 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. The hearing shall be conducted pursuant to the provisions of […]
Section 23A-46-10 – Commitment–Finding.
23A-46-10. Commitment–Finding. If, after the hearing, the court finds by clear and convincing evidence that the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall commit […]
Section 23A-46-11 – Recovery–Release procedure–Compliance with prescribed regimen as condition.
23A-46-11. Recovery–Release procedure–Compliance with prescribed regimen as condition. When the director of the facility in which a person is hospitalized pursuant to §23A-46-10 determines that the person has recovered from his mental disease or defect to such an extent that his release would no longer create a substantial risk of bodily injury to another person […]