23A-28A-10. Person unfit for trial as result of mental illness--Action by attorney general to determine disposition of escrow account.
If it is found pursuant to chapter 23A-10A, that a person accused of a crime is unfit to proceed as a result of mental illness or defect because such person lacks the capacity to understand the proceedings against him or to assist in his own defense, the attorney general shall bring an action under the civil procedure laws and rules of this state to determine the disposition of the escrow account.
Source: SL 1982, ch 184, ยง8.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 28A - Profits From Crime--Restitution
Section 23A-28A-3 - Escrow account for benefit of victim--Civil action by victim.
Section 23A-28A-4 - Notices of escrow moneys held by attorney general.
Section 23A-28A-7 - Acquittal of accused person--Payment of escrowed moneys.
Section 23A-28A-8 - No actions brought against escrowed moneys--Payment to convicted person.
Section 23A-28A-9 - Person not guilty as result of mental illness deemed convicted person.
Section 23A-28A-11 - Commencement of five-year period for bringing action.
Section 23A-28A-12 - Charges and costs of attorney general deducted from escrow account.
Section 23A-28A-13 - Legal representation of accused or convicted person--Use of escrowed moneys.
Section 23A-28A-14 - Acts by accused or convicted person to defeat purpose of chapter void.