Home/South Dakota/Statutes/Title 23A: CRIMINAL PROCEDURE/Ch. 23A-10: INQUIRY INTO DEFENDANT'S MENTAL COMPETENCY TO PROCEED/§ 23A-10A-2
South Dakota Statutes

§ 23A-10A-2 — Incompetent person cannot be tried, sentenced or punished.

South Dakota § 23A-10A-2
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-10INQUIRY INTO DEFENDANT'S MENTAL COMPETENCY TO PROCEED

This text of South Dakota § 23A-10A-2 (Incompetent person cannot be tried, sentenced or punished.) 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-2 (2026).

Text

A person cannot be tried, sentenced, or punished for any public offense while he is mentally incompetent to proceed.

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Related

State v. New
536 N.W.2d 714 (South Dakota Supreme Court, 1995)
19 case citations
State v. Edwards
1997 SD 130 (South Dakota Supreme Court, 1997)
7 case citations
State v. Foshay
2024 S.D. 12 (South Dakota Supreme Court, 2024)
1 case citations

Legislative History

CCrimP 1877, § 514; CL 1887, § 7564; RCCrimP 1903, § 543; RC 1919, § 4793; SDC 1939 & Supp 1960, § 34.2001; SDCL, § 23-38-1; SL 1978, ch 175, § 1.

Nearby Sections

15
§ 23A-1-1
(Rule 1) Proceedings governed by title.
§ 23A-1-2
(Rule 2) Purposes of title--Construction.
§ 23A-10-2
Form of plea raising defense.
§ 23A-10-3
(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.
§ 23A-10-4
(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.
§ 23A-10-5
(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.
§ 23A-10-6
Mistrial when defense raised without pleading--Subsequent trial.
§ 23A-10-7
Independent psychiatric examination--Court approval--Notice--Cost.
§ 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.
§ 23A-10A-16
Time in approved facility credited to term of imprisonment.
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Bluebook (online)
South Dakota § 23A-10A-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-10A-2.