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·Title 33 MILITARY AFFAIRS·Ch. 33-7 UNIFORM STATE CODE OF MILITARY JUSTICE

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.

South Dakota § 33-10-236 (Action when release would create substantial risk of injury or serious property damage.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.