23A-10A-1. Definition of mental incompetency.
The term, "mentally incompetent to proceed," as used in this chapter, means the condition of a person who is suffering from a mental disease, developmental disability, as defined in §27B-1-18, or psychological, physiological, or etiological condition rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.
Source: SL 1978, ch 175, §2; SDCL Supp, §23-38-1.1; SL 1985, ch 192, §47; SL 1991, ch 199, §1.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed
Section 23A-10A-1 - Definition of mental incompetency.
Section 23A-10A-2 - Incompetent person cannot be tried, sentenced or punished.
Section 23A-10A-3 - Hearing on mental condition--Mental examination and report.
Section 23A-10A-4 - Commitment--Finding required--Duration.
Section 23A-10A-4.1 - Recovery of defendant--Notice--Hearing--Discharge--Bail.
Section 23A-10A-5 - Suspension of proceedings pending determination of defendant's competency.
Section 23A-10A-6 - Rules governing competency proceedings.
Section 23A-10A-6.1 - Burden and standard of proof.
Section 23A-10A-10 - Expense of maintenance of defendant committed.
Section 23A-10A-13 - Approved facility defined.
Section 23A-10A-13.1 - Restoration to competency program defined.
Section 23A-10A-15 - Length of detention for Class A, B, or C felony.
Section 23A-10A-16 - Time in approved facility credited to term of imprisonment.
Section 23A-10A-17 - Statistical report on competency examinations.