South Dakota Codified Laws
Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense
Section 23A-10-7 - Independent psychiatric examination--Court approval--Notice--Cost.

23A-10-7. Independent psychiatric examination--Court approval--Notice--Cost.
Subject to court approval, the defendant may be examined at an approved community health center by a psychiatrist of his own choosing at his own expense or, if indigent, at county expense. Examination of the defendant shall be on the issue of his insanity when the offense occurred. Notice of the independent examination shall be given to the prosecuting attorney at least five days before the examination date. A psychiatrist who examines an indigent defendant may receive a reasonable fee.

Source: SL 1983, ch 174, ยง10.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense

Section 23A-10-2 - Form of plea raising defense.

Section 23A-10-3 - (Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.

Section 23A-10-4 - (Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.

Section 23A-10-5 - (Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.

Section 23A-10-6 - Mistrial when defense raised without pleading--Subsequent trial.

Section 23A-10-7 - Independent psychiatric examination--Court approval--Notice--Cost.