South Dakota Codified Laws 27B-10-8. Commitment hearing–Court determinations–Order
At a hearing ordered pursuant to § 27B-10-4, the court shall determine whether there is clear and convincing evidence that:
(1) The person committed one or more felony sexual offenses;
Terms Used In South Dakota Codified Laws 27B-10-8
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) The person’s developmental disability, having rendered the person incompetent to proceed under chapter 23A-10A, makes it:
(a) Seriously difficult for the person to control their behavior;
(b) Likely that the person will commit other sexual offenses; and
(c) Necessary or advisable for the person to receive appropriate supports or services, or the person needs and is likely to benefit from treatment; and
(3) Whether the person is a danger to themselves or others due to the developmental disability that rendered the person incompetent to proceed under chapter 23A-10A.
If the court, through written findings of fact and conclusions of law, finds all the above criteria are met, the court must issue an order involuntarily committing the person to the Department of Human Services for appropriate placement. If the person refuses to comply with this order, the court may direct law enforcement to take the person into protective custody.
Source: SL 2023, ch 92, § 8.