South Dakota Statutes
§ 23A-46-3 — Hearing--Representation of subject--Opportunity to present evidence.
At a hearing 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, the person whose mental condition is the subject of the hearing shall be represented by counsel and, if he is financially unable to obtain adequate representation, counsel shall be appointed for him. The person shall be afforded an opportunity to testify, to present evidence, to subpoena witnesses on his behalf and to confront and cross - examine witnesses who appear at the hearing.
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South Dakota § 23A-46-3 (Hearing--Representation of subject--Opportunity to present evidence.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Raymond v. Weber
552 F.3d 680 (Eighth Circuit, 2009)
Roger Allen Raymond v. Douglas Weber, etc.
(Eighth Circuit, 2009)
Legislative History
SL 1985, ch 192, § 32.
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.