23A-46-1. Conduct of psychiatric or psychological examination–Appointment of examiners–Additional examiners–Commitment for examination. A psychiatric or psychological examination 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, shall be conducted by: (1)A licensed or certified psychiatrist; (2)A licensed clinical psychologist; (3)A certified social worker licensed for private […]
23A-46-1.1. List of professionals qualified to conduct evaluations. The licensing board of each professional listed in §23A-46-1 shall maintain a list of each professional licensed under their authority qualified to conduct competency evaluations. The Department of Social Services shall maintain a list of those evaluators for use by the courts in coordination with Department of […]
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 […]
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 […]
23A-46-12. Failure to comply with regimen–Notice–Arrest–Court determination. The director of the medical facility responsible for administering the regimen imposed on a person conditionally discharged under §23A-46-11 shall notify the prosecuting attorney and the court having jurisdiction over the person of any failure of the person to comply with the regimen. On such notice, or upon […]
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 […]
23A-46-2. Report by examiner–Contents. A psychiatric or psychological report 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, shall be prepared by the examiner designated to conduct the psychiatric or psychological examination, shall be filed with the court with copies provided to the counsel for the […]
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 […]
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 […]
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: […]
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.
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 […]
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 […]
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 […]
