South Dakota Statutes
§ 23A-27-40 — Probation for defendant guilty but mentally ill--Treatment as condition.
If a defendant is found "guilty but mentally ill" and is placed on probation, the sentencing court, upon recommendation of a licensed psychiatrist or a licensed psychologist, shall make treatment a condition of probation. Any report required by the sentencing court shall be filed with the court service department and the sentencing court. The defendant's failure to continue treatment, except by agreement with the treating agency and the sentencing court, is basis for commencing a probation revocation hearing and grounds for probation revocation.
Free access — add to your briefcase to read the full text and ask questions with AI
South Dakota § 23A-27-40 (Probation for defendant guilty but mentally ill--Treatment as condition.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 1983, ch 174, § 21; SL 2019, ch 115, § 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.