23A-25-13. Guilty but mentally ill verdict--Forms furnished--Instructions.
If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of "guilty but mentally ill" for each offense. The court shall instruct the jury that a special verdict of "guilty but mentally ill" may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense.
Source: SL 1983, ch 174, ยง13; SL 1988, ch 191.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 25 - Jury Instructions And Deliberations
Section 23A-25-2 - Duty to receive law laid down by court.
Section 23A-25-3 - Statements of law included in charge--Exclusive judges of fact.
Section 23A-25-3.1 - Instruction on presumption of innocence required.
Section 23A-25-3.2 - Jury instructions--Certified therapeutic dogs.
Section 23A-25-5.1 - Oath of officers to protect privacy of jury.
Section 23A-25-6 - Retirement for deliberation--Room provided--Food and lodging during deliberation.
Section 23A-25-7 - Evidence and instructions kept by jury during deliberation.
Section 23A-25-8 - Request by jury for further instructions--Notice to and presence of parties.
Section 23A-25-9 - Discharge of jury on disability of member--Exception.
Section 23A-25-10 - Jury not discharged until verdict rendered--Exceptions.
Section 23A-25-11 - New trial when jury discharged before verdict.
Section 23A-25-13 - Guilty but mentally ill verdict--Forms furnished--Instructions.