South Dakota Codified Laws 33-10-236. Action when release would create substantial risk of injury or serious property damage
Current as of: 2023 | Check for updates
|
Other versions
If the court-martial fails to find by the standard specified in the state statute applicable to persons incompetent to stand trial, that the person‘s release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect:
(1) The general court-martial convening authority may commit the person to the custody of the state attorney general; and
Terms Used In South Dakota Codified Laws 33-10-236
- Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See South Dakota Codified Laws 33-10-20
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The state attorney general shall take action in accordance with the state statute applicable to persons incompetent to stand trial.
Source: SL 2012, ch 175, § 217.