South Dakota Statutes
§ 23A-7-16 — Guilty but mentally ill plea--Prerequisites to acceptance.
In addition to the requirements of §§ 23A-7-4 and 23A-7-5 , if a defendant charged with a felony pleads guilty but mentally ill, the court may not accept the plea until the defendant has been examined by a licensed psychiatrist or a court-approved licensed psychologist and the court has examined the reports. The court shall hold a hearing on the defendant's mental condition and, if there is a factual basis on which the court can conclude that the defendant was mentally ill at the time of the offense, the plea shall be accepted.
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South Dakota § 23A-7-16 (Guilty but mentally ill plea--Prerequisites to acceptance.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Everitt v. Solem
412 N.W.2d 119 (South Dakota Supreme Court, 1987)
Gross v. Solem
446 N.W.2d 49 (South Dakota Supreme Court, 1989)
State v. Anderson
2000 SD 8 (South Dakota Supreme Court, 2000)
Legislative History
SL 1983, ch 174, § 6; SL 2016, ch 135, § 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.