South Dakota Statutes
§ 23A-26-12 — Remand to custody on verdict of guilty or guilty but mentally ill--Commitment hearing on acquittal for insanity.
If a verdict of guilty or "guilty but mentally ill" is returned against the defendant, he shall be remanded, if in custody, to the proper officer of the county to await the judgment of the court upon the verdict. When the jury has returned a verdict acquitting the defendant upon the ground of insanity, the court shall order that the defendant be committed to the human services center until such time as he is eligible for release pursuant to § 23A-26-12.5 .
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South Dakota § 23A-26-12 (Remand to custody on verdict of guilty or guilty but mentally ill--Commitment hearing on acquittal for insanity.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Baker
440 N.W.2d 284 (South Dakota Supreme Court, 1989)
State v. Huth
334 N.W.2d 485 (South Dakota Supreme Court, 1983)
State v. Robinson
399 N.W.2d 324 (South Dakota Supreme Court, 1987)
Bohlmann v. Lindquist
1997 SD 42 (South Dakota Supreme Court, 1997)
Legislative History
SDC 1939 & Supp 1960, §§ 13.0605, 34.3676; SDCL, §§ 23-45-21, 23-48-2; SL 1978, ch 178, § 330; SL 1983, ch 174, § 17; SL 1985, ch 192, § 12.
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.