§ 23A-10A-1 Definition of mental incompetency
§ 23A-10A-2 Incompetent person cannot be tried, sentenced or punished
§ 23A-10A-3 Hearing on mental condition–Mental examination and report
§ 23A-10A-4 Commitment–Finding required–Duration
§ 23A-10A-4.1 Recovery of defendant–Notice–Hearing–Discharge–Bail
§ 23A-10A-4.2 Findings as to mental competence not prejudicing insanity defense–Inadmissible
§ 23A-10A-5 Suspension of proceedings pending determination of defendant’s competency
§ 23A-10A-6 Rules governing competency proceedings
§ 23A-10A-6.1 Burden and standard of proof
§ 23A-10A-14 Facility’s report–Probability that defendant will become competent within a year–Length of commitment determined by court–Review after one-year commitment
§ 23A-10A-15 Length of detention for Class A or B felony
§ 23A-10A-16 Time in approved facility credited to term of imprisonment
§ 23A-10A-17 Statistical report on competency examinations

Terms Used In South Dakota Codified Laws > Title 23A > Chapter 10A

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Defendant: the party prosecuted in a criminal proceeding or a proceeding for the violation of an ordinance, bylaw, or police regulation of a unit of local government. See South Dakota Codified Laws 23A-45-9
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • mentally incompetent to proceed: as used in this chapter , means the condition of a person who is suffering from a mental disease, developmental disability, as defined in § . See South Dakota Codified Laws 23A-10A-1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Prosecuting attorney: the attorney general, an assistant attorney general, a special assistant attorney general, a state's attorney or an assistant state's attorney, a special prosecutor appointed by a court, a city attorney or any deputy of the city attorney, or any attorney engaged by the state or a unit of local government to prosecute a criminal proceeding or a proceeding for the violation of an ordinance, bylaw, or police regulation of a unit of local government. See South Dakota Codified Laws 23A-45-9
  • State: the State of South Dakota and any of its units of local government. See South Dakota Codified Laws 23A-45-9
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Year: a calendar year. See South Dakota Codified Laws 2-14-2