South Dakota § 33-10-236 Action when release would create substantial risk of injury or serious property damage.

South Dakota Statutes

§ 33-10-236 — Action when release would create substantial risk of injury or serious property damage.

South Dakota § 33-10-236

Title 33MILITARY AFFAIRS

Ch. 33-7UNIFORM STATE CODE OF MILITARY JUSTICE

This text of South Dakota § 33-10-236 (Action when release would create substantial risk of injury or serious property damage.) 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 § 33-10-236 (2026).

Text

If the court-martial fails to find by the standard specified in the state statute applicable to persons incompetent to stand trial, that the person's release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect:

(1)The general court-martial convening authority may commit the person to the custody of the state attorney general; and (2) The state attorney general shall take action in accordance with the state statute applicable to persons incompetent to stand trial.

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If the court-martial fails to find by the standard specified in the state statute applicable to persons incompetent to stand trial, that the person's release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect: (1) The general court-martial convening authority may commit the person to the custody of the state attorney general; and (2) The state attorney general shall take action in accordance with the state statute applicable to persons incompetent to stand trial.