23A-46-12. Failure to comply with regimen--Notice--Arrest--Court determination.
The director of the medical facility responsible for administering the regimen imposed on a person conditionally discharged under §23A-46-11 shall notify the prosecuting attorney and the court having jurisdiction over the person of any failure of the person to comply with the regimen. On 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 a hearing, determine whether the person should be remanded to a suitable facility on the ground that, in light of his failure to comply with a 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, §28.
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.