South Dakota § 27B-10-2 Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Petition to commit after dismissal.

South Dakota Statutes

§ 27B-10-2 — Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Petition to commit after dismissal.

South Dakota § 27B-10-2

Title 27BDEVELOPMENTALLY DISABLED PERSONS

Ch. 27B-9VOLUNTARY ADMISSION TO FACILITIES FOR THE MENTALLY RETARDED

This text of South Dakota § 27B-10-2 (Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Petition to commit after dismissal.) 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 § 27B-10-2 (2026).

Text

The state's attorney prosecuting any felony sexual offense, which charge was dismissed pursuant to § 23A-10A-14 due to a developmental disability as defined in § 27B-1-18 , may, within thirty days after the dismissal, file a petition for civil commitment of the person charged in the circuit court that dismissed the charge. The petition must allege the criteria for commitment, as set forth in § 27B-10-8 , and must include facts supporting the allegations.

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The state's attorney prosecuting any felony sexual offense, which charge was dismissed pursuant to § 23A-10A-14 due to a developmental disability as defined in § 27B-1-18 , may, within thirty days after the dismissal, file a petition for civil commitment of the person charged in the circuit court that dismissed the charge. The petition must allege the criteria for commitment, as set forth in § 27B-10-8 , and must include facts supporting the allegations.