23A-46-10. Commitment--Finding.
If, after the hearing, the court finds by clear and convincing evidence that the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall commit the person to the Human Services Center for treatment until the person's mental condition is such that his release or conditional release under a prescribed regimen of medical, psychiatric, psychological care or treatment would not create a substantial risk of bodily injury to another person or serious damage to property of another.
Source: SL 1985, ch 192, ยง26.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 46 - Mental Examinations And Hearings
Section 23A-46-1.1 - List of professionals qualified to conduct evaluations.
Section 23A-46-2 - Report by examiner--Contents.
Section 23A-46-3 - Hearing--Representation of subject--Opportunity to present evidence.
Section 23A-46-4 - Reports of director of facility where person hospitalized.
Section 23A-46-5 - Video tape of defendant's testimony or interview.
Section 23A-46-6 - Habeas corpus proceeding not precluded.
Section 23A-46-7 - Hearing on discharge of person--Time for requesting.
Section 23A-46-9 - Mental examination and report--Conduct of hearing.
Section 23A-46-10 - Commitment--Finding.
Section 23A-46-11 - Recovery--Release procedure--Compliance with prescribed regimen as condition.
Section 23A-46-12 - Failure to comply with regimen--Notice--Arrest--Court determination.