South Dakota § 23A-27-43 Mental examination and report before hearing.

South Dakota Statutes

§ 23A-27-43 — Mental examination and report before hearing.

South Dakota·Title 23A CRIMINAL PROCEDURE·Ch. 23A-26 SENTENCE AND JUDGMENT

Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court pursuant to §§ 23A-46-1 and 23A-46-2 . If the report includes an opinion by the examiner that the defendant is presently suffering from a mental disease or defect but that it is not such as to require his custody for care or treatment in a suitable facility, then the report shall also include an opinion by the examiner concerning the sentencing alternatives that best accord the defendant the kind of treatment he does need.

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Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court pursuant to §§ 23A-46-1 and 23A-46-2 . If the report includes an opinion by the examiner that the defendant is presently suffering from a mental disease or defect but that it is not such as to require his custody for care or treatment in a suitable facility, then the report shall also include an opinion by the examiner concerning the sentencing alternatives that best accord the defendant the kind of treatment he does need.

South Dakota § 23A-27-43 (Mental examination and report before hearing.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.