The state’s attorney prosecuting any felony sexual offense, which charge was dismissed pursuant to § 23A-10A-14 due to a developmental disability as defined in § 27B-1-18, may, within thirty days after the dismissal, file a petition for civil commitment of the person charged in the circuit court that dismissed the charge. The petition must allege the criteria for commitment, as set forth in § 27B-10-8, and must include facts supporting the allegations.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In South Dakota Codified Laws 27B-10-2

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 2023, ch 92, § 2.