§ 23A-46-1 — Conduct of psychiatric or psychological examination--Appointment of examiners--Additional examiners--Commitment for examination.

South Dakota § 23A-46-1

• Jurisdiction: South Dakota
• Title 23A: CRIMINAL PROCEDURE
• Ch. 23A-46: MENTAL EXAMINATIONS AND HEARINGS

Text

A psychiatric or psychological examination ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, shall be conducted by: (1) A licensed or certified psychiatrist; (2) A licensed clinical psychologist; (3) A certified social worker licensed for private independent practice with two years of supervised clinical experience in a mental health setting and with training on how to conduct and score competency evaluations; (4) A certified nurse practitioner or clinical nurse specialist with current psychiatric certification and with training on how to conduct and score competency evaluations; (5) A licensed professional counselor-mental health with training on how to conduct and score competency evaluations; or (6) If the court finds it appropriate, by more than one examiner. Each examiner shall be designated by the court, except that if the examination is ordered under § 23A-27-43 or 23A-46-9 , upon the request of the defendant an additional examiner may be selected by the defendant. For the purposes of an examination pursuant to an order under § 23A-10-4 , 23A-10A-3 , 23A-26-12.1 , 23A-27-43 , or 23A-46-9 , the court may commit the person to be examined for a reasonable period to the custody of a suitable facility.

Legislative History

SL 1985, ch 192, § 30; SL 2017, ch 109, § 18.