South Dakota Codified Laws 27B-10-2. Not competent to proceed–Persons with developmental disability–Felony sexual offense dismissed–Petition to commit after dismissal
Current as of: 2023 | Check for updates
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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.
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.