Any psychiatric report ordered pursuant to § 23A-27A-22.1 shall be prepared by the psychiatrist designated to conduct the psychiatric examination, shall be filed with the court with copies provided to the counsel for the defendant and to the prosecuting attorney, and shall include:

(1) The defendant’s history and present symptoms;

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Terms Used In South Dakota Codified Laws 23A-27A-22.3

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(2) A description of the psychiatric, psychological, and medical tests that were employed and their results; and

(3) The psychiatrist’s determination whether the defendant is mentally competent to be executed as defined in § 23A-27A-22.1.

Source: SL 2008, ch 117, § 12.