South Dakota Statutes

§ 23A-26-12 — Remand to custody on verdict of guilty or guilty but mentally ill--Commitment hearing on acquittal for insanity.

South Dakota § 23A-26-12
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-26(RULE 31) VERDICT

This text of South Dakota § 23A-26-12 (Remand to custody on verdict of guilty or guilty but mentally ill--Commitment hearing on acquittal for insanity.) 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-26-12 (2026).

Text

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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Related

State v. Baker
440 N.W.2d 284 (South Dakota Supreme Court, 1989)
56 case citations
State v. Huth
334 N.W.2d 485 (South Dakota Supreme Court, 1983)
30 case citations
State v. Robinson
399 N.W.2d 324 (South Dakota Supreme Court, 1987)
29 case citations
Bohlmann v. Lindquist
1997 SD 42 (South Dakota Supreme Court, 1997)
7 case citations

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

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Bluebook (online)
South Dakota § 23A-26-12, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-26-12.