South Dakota Codified Laws 23A-27-40. Probation for defendant guilty but mentally ill–Treatment as condition
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If a defendant is found “guilty but mentally ill” and is placed on probation, the sentencing court, upon recommendation of a licensed psychiatrist or a licensed psychologist, shall make treatment a condition of probation. Any report required by the sentencing court shall be filed with the court service department and the sentencing court. The defendant’s failure to continue treatment, except by agreement with the treating agency and the sentencing court, is basis for commencing a probation revocation hearing and grounds for probation revocation.
Terms Used In South Dakota Codified Laws 23A-27-40
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Source: SL 1983, ch 174, § 21; SL 2019, ch 115, § 1.