South Dakota § 23A-7-16 Guilty but mentally ill plea--Prerequisites to acceptance.

South Dakota Statutes

§ 23A-7-16 — Guilty but mentally ill plea--Prerequisites to acceptance.

South Dakota § 23A-7-16

Title 23ACRIMINAL PROCEDURE

Ch. 23A-5ARRAIGNMENT AND PLEAS

This text of South Dakota § 23A-7-16 (Guilty but mentally ill plea--Prerequisites to acceptance.) 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-7-16 (2026).

Text

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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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.