23A-46-7. Hearing on discharge of person--Time for requesting.
Regardless of whether the director of the facility in which a person is hospitalized has filed a certificate as provided in this chapter, §§23A-10A-3 to 23A-10A-4.2, inclusive, 23A-26-12 to 23A-26-12.6, inclusive, or 23A-27-42 to 23A-27-46, inclusive, counsel for the person or his guardian may, at any time during such person's hospitalization, file with the court that ordered the commitment a motion for a hearing to determine whether the person should be discharged from such facility, but no such motion may be filed within one hundred eighty days of a court determination that the person should continue to be hospitalized. A copy of the motion shall be sent to the director of the facility in which the person is hospitalized and to the prosecuting attorney.
Source: SL 1985, ch 192, §36; SL 1993, ch 213, §110.
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.