reglab/housing_qa huggingface dataset:
SD Codified L § 23A-10-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense|Section 23A-10-6 - Mistrial when defense raised without pleading--Subsequent trial.

23A-10-6. Mistrial when defense raised without pleading--Subsequent trial.If, during the trial of a criminal case, where the plea of "not guilty and not guilty by reason of insanity" has not been made, a court deems that a substantial suggestion of a defendant's sanity was raised as a defense, the defendant shall be deemed to have consented to a mistrial. Former jeopardy may not attach on a subsequent trial of the same case. In those circumstances, a second trial shall be had as soon as is practical and without regard for regular terms of court and the court shall, in advance of the second trial, require the defendant to submit himself for examination as prescribed by §23A-10-4. Source: SL 1953, ch 201, §3; SDC Supp 1960, §34.20A03; SDCL, §23-37-4; SL 1978, ch 178, §128; SL 1983, ch 174, §12.
SD Codified L § 23A-10-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense|Section 23A-10-7 - Independent psychiatric examination--Court approval--Notice--Cost.

23A-10-7. Independent psychiatric examination--Court approval--Notice--Cost.Subject to court approval, the defendant may be examined at an approved community health center by a psychiatrist of his own choosing at his own expense or, if indigent, at county expense. Examination of the defendant shall be on the issue of his insanity when the offense occurred. Notice of the independent examination shall be given to the prosecuting attorney at least five days before the examination date. A psychiatrist who examines an indigent defendant may receive a reasonable fee. Source: SL 1983, ch 174, §10.
SD Codified L § 23A-10A-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-1 - Definition of mental incompetency.

23A-10A-1. Definition of mental incompetency.The term, "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 §27B-1-18, or psychological, physiological, or etiological condition rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. Source: SL 1978, ch 175, §2; SDCL Supp, §23-38-1.1; SL 1985, ch 192, §47; SL 1991, ch 199, §1.
SD Codified L § 23A-10A-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-2 - Incompetent person cannot be tried, sentenced or punished.

23A-10A-2. Incompetent person cannot be tried, sentenced or punished.A person cannot be tried, sentenced, or punished for any public offense while he is mentally incompetent to proceed. Source: CCrimP 1877, §514; CL 1887, §7564; RCCrimP 1903, §543; RC 1919, §4793; SDC 1939 & Supp 1960, §34.2001; SDCL, §23-38-1; SL 1978, ch 175, §1.
SD Codified L § 23A-10A-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-3 - Hearing on mental condition--Mental examination and report.

23A-10A-3. Hearing on mental condition--Mental examination and report.At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the prosecuting attorney may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or developmental disability, or other conditions set forth in §23A-10A-1, rendering the defendant mentally incompetent to the extent that the defendant is unable to understand the nature and consequences of the proceeding against the defendant or to assist properly in the defendant's defense. Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of §§23A-46-1 and 23A-46-2. The examination shall be completed within twenty-one days of the court order, unless for good cause the court grants a continuance. The hearing shall be conducted pursuant to the provisions of §23A-46-3. Source: SL 1978, ch 175, §4; SDCL Supp, §23-38-2.1; SL 1985, ch 192, §38; SL 1991, ch 199, §4; SL 2017, ch 109, §16.
SD Codified L § 23A-10A-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-4 - Commitment--Finding required--Duration.

23A-10A-4. Commitment--Finding required--Duration.If, after the hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or developmental disability, or other conditions set forth in §23A-10A-1, rendering the defendant mentally incompetent to the extent that the defendant is unable to understand the nature and consequences of the proceedings against the defendant or to assist properly in the defense, the court shall order the defendant to be placed in a restoration to competency program under the direction of an approved facility, commit the defendant to the custody of an approved facility having residential capability, or order the defendant to be placed on outpatient status for restoration to competency if the court makes a written finding that the defendant is not considered to be a danger to the health and safety of others and is otherwise eligible for bond. A defendant placed on outpatient status is subject to the provisions of chapter 23A-43. The defendant shall be treated for a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future the defendant will attain the capacity to permit the trial to proceed. No commitment may be made to an approved facility that is not owned by the state without first obtaining the consent of the administrator of the privately owned facility. Source: SDC 1939 & Supp 1960, §34.2002; SDCL, §23-38-2; SL 1978, ch 175, §3; SL 1985, ch 192, §39; SL 1991, ch 199, §5; SL 2020, ch 97, § 1.
SD Codified L § 23A-10A-4.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-4.1 - Recovery of defendant--Notice--Hearing--Discharge--Bail.

23A-10A-4.1. Recovery of defendant--Notice--Hearing--Discharge--Bail.If the director of the facility under which the defendant is being treated in accordance with §23A-10A-4 determines that the defendant has recovered to an extent that the defendant is able to understand the nature and consequences of the proceedings against the defendant and to assist properly in the defense, the director shall promptly file a certificate to that effect with the clerk of the court that ordered the placement or commitment. The court shall send a copy of the certificate to the defendant's counsel and to the prosecuting attorney. The court shall hold a hearing, conducted under the provisions of §23A-46-3, to determine the competency of the defendant. If, after the hearing, the court finds by a preponderance of the evidence that the defendant has recovered to an extent that the defendant is capable of understanding the nature and consequences of the proceedings against the defendant and to assist properly in the defense, the court shall order the defendant's immediate discharge from the facility where the defendant is hospitalized if applicable and shall set the date for trial. Upon discharge, the defendant is subject to the provisions of chapter 23A-43. If, after the hearing, the court does not find by a preponderance of the evidence that the defendant has recovered to an extent that the defendant is capable of understanding the nature and consequences of the proceedings against the defendant and to assist properly in the defense, the court shall order the defendant to be placed in a restoration to competency program under the direction of an approved facility, in an approved facility, or on outpatient status for restoration to competency if the court makes a written finding that the defendant is not considered to be a danger to the health and safety of others and is otherwise eligible for bond for a term consistent with this section and §§23A-10A-14 and 23A-10A-15. Source: SL 1985, ch 192, §40; SL 1991, ch 199, §6; SL 2020, ch 97, § 2.
SD Codified L § 23A-10A-4.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-4.2 - Findings as to mental competence not prejudicing insanity defense--Inadmissible.

23A-10A-4.2. Findings as to mental competence not prejudicing insanity defense--Inadmissible.A finding by the court that the defendant is mentally competent to stand trial may not prejudice the defendant in raising the issue of his insanity as a defense to the offense charged, and may not be admissible as evidence in a trial for the offense charged. Source: SL 1985, ch 192, §41.
SD Codified L § 23A-10A-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-5 - Suspension of proceedings pending determination of defendant's competency.

23A-10A-5. Suspension of proceedings pending determination of defendant's competency.The trial of the indictment or information or the sentencing, as the case may be, shall be suspended until the question of mental competency is determined by the court. Source: SDC 1939 & Supp 1960, §34.2002; SDCL, §23-38-3; SL 1978, ch 175, §5; SL 1991, ch 199, §10; SL 1991, ch 200.
SD Codified L § 23A-10A-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-6 - Rules governing competency proceedings.

23A-10A-6. Rules governing competency proceedings.The proceedings on the question of mental competency shall be conducted according to the rules of criminal procedure. Source: SDC 1939 & Supp 1960, §34.2003; SDCL, §23-38-4; SL 1978, ch 175, §6.
SD Codified L § 23A-10A-6.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-6.1 - Burden and standard of proof.

23A-10A-6.1. Burden and standard of proof.If the defendant, state, or court asserts that a defendant is mentally incompetent to proceed, the state has the burden of proving the mental competence of the defendant by a preponderance of the evidence. Source: SL 1984, ch 178; SL 1988, ch 190.
SD Codified L § 23A-10A-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-10 - Expense of maintenance of defendant committed.

23A-10A-10. Expense of maintenance of defendant committed.The expenses of keeping a defendant in the approved facility is chargeable and collectible in the same manner as when a mentally ill person not charged with a public offense is committed thereto. Source: SDC 1939 & Supp 1960, §34.2005; SDCL, §23-38-8; SL 1978, ch 175, §10; SL 1991, ch 199, §12.
SD Codified L § 23A-10A-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-13 - Approved facility defined.

23A-10A-13. Approved facility defined.The term, approved facility, as used in this chapter, means the Human Services Center; the state developmental centers; a community support provider; a mental health center, as defined by subdivision 27A-1-1(13), or any other facility approved by the Department of Human Services or the Department of Social Services for placement or treatment of mentally ill or developmentally disabled persons. Source: SL 1991, ch 199, §2; SL 2009, ch 138, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §134, eff. Apr. 12, 2011.
SD Codified L § 23A-10A-13.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-13.1 - Restoration to competency program defined.

  23A-10A-13.1  .   Restoration to competency program defined.   The term, restoration to competency program, as used in this chapter, means a program under the direction of an approved facility which is designed to restore the defendant to competency in an inpatient, outpatient, or jail-based setting. The term includes a county jail upon the concurrence of the county sheriff to provide restoration to competency in the jail under the direction of an approved facility.     Source:  SL 2020, ch 97, § 3.
SD Codified L § 23A-10A-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-15 - Length of detention for Class A, B, or C felony.

23A-10A-15. Length of detention for Class A, B, or C felony. If the most serious charge against the defendant is a Class A, B, or C felony, the order shall be for a term of years the court determines is reasonable or until the charges have been dismissed by the prosecution. The order may not exceed the maximum penalty allowable for the most serious charge facing the defendant. Upon expiration of the order of detention, the criminal charges against the defendant shall be dismissed. If the prosecutor believes there is probable cause to believe that the defendant is a danger to self or to others at the time of dismissal, the prosecutor may file a petition in accordance with chapter 27A-10 or 27A-11A or title 27B, for further restoration to competency.Every twelve months thereafter, the director of the approved facility shall notify the court if the defendant is still in a restoration to competency program under the direction of an approved facility or in the approved facility pursuant to this chapter, and the circuit court shall hold a hearing to review any order of detention to determine if the defendant has become competent to proceed. Source: SL 1991, ch 199, §§8, 9; SL 2020, ch 97, § 5; SL 2021, ch 107, § 2.
SD Codified L § 23A-10A-16 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-16 - Time in approved facility credited to term of imprisonment.

23A-10A-16. Time in approved facility credited to term of imprisonment.Time spent by a defendant in a restoration to competency program or an approved facility pursuant to this chapter, shall be credited to the term of imprisonment, if any, for which the defendant is sentenced in the criminal case which was suspended under §23A-10A-5. Source: SL 1991, ch 199, §11; SL 2020, ch 97, § 6.
SD Codified L § 23A-10A-17 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed|Section 23A-10A-17 - Statistical report on competency examinations.

23A-10A-17. Statistical report on competency examinations.The Unified Judicial System shall collect and report to the oversight council the average number of days from court order to the completion of competency examinations, and the number of competency examination continuances for good cause requested and granted. Source: SL 2017, ch 109, §17.
SD Codified L § 23A-11-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 11 - Joinder For Trial|Section 23A-11-1 - (Rule 13) Joinder for trial of indictments, informations, or defendants.

23A-11-1.(Rule 13) Joinder for trial of indictments, informations, or defendants.A court may order two or more indictments or informations, or both, to be tried together if the offenses, and the defendants, if there is more than one, could have been joined in a single indictment or information. The procedure shall be the same as if the prosecution were under a single indictment or information. Source: Supreme Court Rule 395, 1939; SDC 1939 & Supp 1960, §34.3625; SDCL, §23-42-4; SL 1978, ch 178, §129.
SD Codified L § 23A-11-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 11 - Joinder For Trial|Section 23A-11-2 - (Rule 14) Relief from prejudicial joinder of offenses or defendants.

23A-11-2.(Rule 14) Relief from prejudicial joinder of offenses or defendants.If it appears that a defendant or the state is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires. In ruling on a motion by a defendant for severance the court may order the prosecuting attorney to deliver to the court for inspection in camera any statements or confessions made by the defendants which the state intends to introduce in evidence at the trial. Source: Supreme Court Rules 366, 395, 1939; SDC 1939 & Supp 1960, §§34.3009, 34.3625; SDCL, §§23-32-8, 23-42-4; SL 1978, ch 178, §130.
SD Codified L § 23A-12-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 12 - (Rule 15) Depositions|Section 23A-12-1 - (Rule 15 (a)) Depositions ordered only as specifically authorized--Order to preserve testimony for trial--Production of other evidence--Witness committed on failure to give bail.

23A-12-1.(Rule 15 (a)) Depositions ordered only as specifically authorized--Order to preserve testimony for trial--Production of other evidence--Witness committed on failure to give bail.Depositions shall not be ordered for discovery or any other purpose except as specifically provided by statute or rule.Whenever due to exceptional circumstances of the case it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved for use at trial, the court may upon motion of such party and notice to the parties order that testimony of such witness be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged, be produced at the same time and place. If a witness is committed for failure to give bail to appear to testify at a trial or hearing, the court on written motion of the witness and upon notice to the parties may direct that his deposition be taken. After the deposition has been subscribed the court may discharge the witness. Source: SL 1978, ch 178, §131; SL 1979, ch 159, §10.
SD Codified L § 23A-12-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 12 - (Rule 15) Depositions|Section 23A-12-2 - (Rule 15(b)) Notice to parties of time and place of deposition--Production of defendant in custody--Defendant's right to attend.

23A-12-2.(Rule 15(b)) Notice to parties of time and place of deposition--Production of defendant in custody--Defendant's right to attend.The party at whose instance a deposition is to be taken in the state shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time for taking the deposition. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives in writing the right to be present, produce him at the examination and keep him in the presence of the witness during the examination, unless, after being warned by the court that disruptive conduct will cause him to be removed from the place of the taking of the deposition, he persists in conduct which is such as to justify his being excluded from that place. A defendant not in custody shall have the right to be present at the examination upon request subject to such terms as may be fixed by the court, but his failure, absent good cause shown, to appear after notice and tender of expenses in accordance with §23A-12-3 shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right. Source: SL 1978, ch 178, §132.
SD Codified L § 23A-12-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 12 - (Rule 15) Depositions|Section 23A-12-3 - (Rule 15(c)) Governmental payment of defendant's expenses for deposition.

23A-12-3.(Rule 15(c)) Governmental payment of defendant's expenses for deposition.Whenever a deposition is taken at the instance of the prosecuting attorney, or whenever a deposition is taken at the instance of a defendant who is unable to bear the expenses of the taking of the deposition, the court may direct that the expense of travel and subsistence of the defendant and his attorney for attendance at the examination and the cost of the transcript of the deposition shall be paid by the appropriate governmental unit. Source: SL 1978, ch 178, §133.
SD Codified L § 23A-12-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 12 - (Rule 15) Depositions|Section 23A-12-4 - (Rule 15(d)) Manner of taking and filing deposition--Disclosure to defense of prior statements of witness.

23A-12-4.(Rule 15(d)) Manner of taking and filing deposition--Disclosure to defense of prior statements of witness.Subject to such additional conditions as the court may provide, a deposition shall be taken and filed in the manner provided in civil actions except as otherwise provided in this title; provided that:(1)In no event shall a deposition be taken of a party defendant without his consent; and(2)The scope and manner of examination and cross-examination shall be such as would be allowed in the trial itself.The prosecuting attorney shall make available to the defendant or his counsel for examination and use at the taking of the deposition any statement of the witness being deposed which is in the possession of the prosecuting attorney and to which the defendant would be entitled at the trial. Source: SL 1978, ch 178, §134.
SD Codified L § 23A-12-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 12 - (Rule 15) Depositions|Section 23A-12-5 - Sealing and endorsement of deposition--Transmittal to court.

23A-12-5. Sealing and endorsement of deposition--Transmittal to court.A deposition taken pursuant to this chapter shall be enclosed, sealed, and endorsed with the title of the action and the name of the officer taking it. Such officer shall address and transmit it to the clerk of the court where the action is pending. It shall remain under seal until opened by the clerk by order of the court, or at the request of a party to the action or his attorney or the prosecuting attorney. Source: SDC 1939 & Supp 1960, §34.2703; SDCL, §23-41-19; SL 1978, ch 178, §135.