23A-26-12. Remand to custody on verdict of guilty or guilty but mentally ill--Commitment hearing on acquittal for insanity.
If a verdict of guilty or "guilty but mentally ill" is returned against the defendant, he shall be remanded, if in custody, to the proper officer of the county to await the judgment of the court upon the verdict. When the jury has returned a verdict acquitting the defendant upon the ground of insanity, the court shall order that the defendant be committed to the human services center until such time as he is eligible for release pursuant to §23A-26-12.5.
Source: SDC 1939 & Supp 1960, §§13.0605, 34.3676; SDCL, §§23-45-21, 23-48-2; SL 1978, ch 178, §330; SL 1983, ch 174, §17; SL 1985, ch 192, §12.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 26 - (Rule 31) Verdict
Section 23A-26-1 - (Rule 31(a)) Unanimous verdict required--Return in open court.
Section 23A-26-3 - General verdict required--Special verdict permitted.
Section 23A-26-4 - Form of general verdict on not guilty plea.
Section 23A-26-5 - Form of verdict acquitting for insanity.
Section 23A-26-6 - Direction to reconsider improper verdict.
Section 23A-26-7 - Verdict as to degree of crime--Lowest degree found on reasonable doubt.
Section 23A-26-8 - (Rule 31(c)) Conviction of included offense or attempt.
Section 23A-26-9 - Appearance of defendant--When required for verdict.
Section 23A-26-11 - Recording of verdict--Inquiry of jury.
Section 23A-26-12.1 - Mental examination and report before hearing.
Section 23A-26-12.2 - Hearing.
Section 23A-26-12.3 - Burden of proof.
Section 23A-26-12.4 - Commitment--Duration.
Section 23A-26-12.5 - Release--Procedure--Compliance with prescribed regimen as condition.
Section 23A-26-12.6 - Failure to comply with regimen--Notice--Arrest--Court determination.
Section 23A-26-14 - Guilty but mentally ill verdict--Required findings.