23A-7-16. Guilty but mentally ill plea--Prerequisites to acceptance.
In addition to the requirements of §§23A-7-4 and 23A-7-5, if a defendant charged with a felony pleads guilty but mentally ill, the court may not accept the plea until the defendant has been examined by a licensed psychiatrist or a court-approved licensed psychologist and the court has examined the reports. The court shall hold a hearing on the defendant's mental condition and, if there is a factual basis on which the court can conclude that the defendant was mentally ill at the time of the offense, the plea shall be accepted.
Source: SL 1983, ch 174, §6; SL 2016, ch 135, §1.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 07 - Arraignment And Pleas
Section 23A-7-3 - (Rule 11(b)) Consent required for nolo contendere plea--Considerations by court.
Section 23A-7-4 - (Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere.
Section 23A-7-7 - Pleading to habitual offender information--Jury trial.
Section 23A-7-8.1 - Victim's failure to comment--Effect.
Section 23A-7-10 - (Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement.
Section 23A-7-12 - (Rule 11(e)(5)) Time of notification to court of plea agreement.
Section 23A-7-15 - (Rule 11(g)) Record of proceedings at which plea entered--Contents.
Section 23A-7-16 - Guilty but mentally ill plea--Prerequisites to acceptance.