SDLRC - Codified Law 23A-10A - INQUIRY INTO DEFENDANT'S MENTAL COMPETENCY TO PROCEED

CHAPTER 23A-10A

INQUIRY INTO DEFENDANT'S MENTAL COMPETENCY TO PROCEED

23A-10A-1 Definition of mental incompetency.

23A-10A-2 Incompetent person cannot be tried, sentenced or punished.

23A-10A-3 Hearing on mental condition--Mental examination and report.

23A-10A-4 Commitment--Finding required--Duration.

23A-10A-4.1 Recovery of defendant--Certificate--Discharge pending hearing--Notice--Hearing.

23A-10A-4.2 Findings as to mental competence not prejudicing insanity defense--Inadmissible.

23A-10A-5 Suspension of proceedings pending determination of defendant's competency.

23A-10A-6 Rules governing competency proceedings.

23A-10A-6.1 Burden and standard of proof.

23A-10A-7 23A-10A-7 to 23A-10A-9. Repealed by SL 1985, ch 192, §§ 42 to 44.

23A-10A-10 Expense of maintenance of defendant committed.

23A-10A-11 23A-10A-11, 23A-10A-12. Repealed by SL 1985, ch 192, §§ 45, 46.

23A-10A-13 Approved facility defined.

23A-10A-13.1 Restoration to competency program defined.

23A-10A-14 Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.

23A-10A-15 Length of detention for Class A, B, or C felony.

23A-10A-16 Time in approved facility credited to term of imprisonment.