South Dakota § 23A-27-40 Probation for defendant guilty but mentally ill--Treatment as condition.

South Dakota Statutes

§ 23A-27-40 — Probation for defendant guilty but mentally ill--Treatment as condition.

South Dakota § 23A-27-40

Title 23ACRIMINAL PROCEDURE

Ch. 23A-26SENTENCE AND JUDGMENT

This text of South Dakota § 23A-27-40 (Probation for defendant guilty but mentally ill--Treatment as condition.) 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-27-40 (2026).

Text

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.

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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.