South Dakota Statutes
§ 23A-10A-1 — Definition of mental incompetency.
South Dakota § 23A-10A-1
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-10INQUIRY INTO DEFENDANT'S MENTAL COMPETENCY TO PROCEED
This text of South Dakota § 23A-10A-1 (Definition of mental incompetency.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 23A-10A-1 (2026).
Text
The term, "mentally incompetent to proceed," as used in this chapter, means the condition of a person who is suffering from a mental disease, developmental disability, as defined in § 27B-1-18 , or psychological, physiological, or etiological condition rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
State v. New
536 N.W.2d 714 (South Dakota Supreme Court, 1995)
State v. Edwards
1997 SD 130 (South Dakota Supreme Court, 1997)
State v. Foshay
2024 S.D. 12 (South Dakota Supreme Court, 2024)
Legislative History
SL 1978, ch 175, § 2; SDCL Supp, § 23-38-1.1; SL 1985, ch 192, § 47; SL 1991, ch 199, § 1.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 23A-10A-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-10A-1.