23A-26-12.6. Failure to comply with regimen--Notice--Arrest--Court determination.
The director of a medical facility responsible for administering the regimen imposed on an acquitted person conditionally discharged under §23A-26-12.5 shall notify the prosecuting attorney and the court having jurisdiction over the person of any failure of the person to comply with the regimen. Upon such notice, or upon other probable cause to believe that the person has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. The court shall, after hearing, determine whether the person should be remanded to a suitable facility on the ground that, in light of his failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, his continued release would create a substantial risk of bodily injury to another person or serious damage to property of another.
Source: SL 1985, ch 192, §18.
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.