reglab/housing_qa huggingface dataset:
SD Codified L § 23A-45-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 45 - Definitions And General Provisions|Section 23A-45-1 - Criminal proceedings defined.

23A-45-1. Criminal proceedings defined.A criminal proceeding is one prosecuted by the state as a party, against a person charged with a criminal offense for the punishment thereof. A proceeding for the violation of an ordinance, bylaw, or police regulation is one prosecuted by a unit of local government as a party, against a person charged with a public offense, for the punishment thereof. Source: SDC 1939 & Supp 1960, §34.2901; SDCL, §23-1-1; SL 1978, ch 178, §551.
SD Codified L § 23A-45-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 45 - Definitions And General Provisions|Section 23A-45-2 - (Rule 54(a)) Proceedings to which title applies.

23A-45-2.(Rule 54(a)) Proceedings to which title applies.This title applies to all criminal proceedings and to all proceedings for the violation of an ordinance, bylaw, or police regulation of a unit of local government in this state before the circuit courts and the magistrate courts except in cases of those minor offenses triable under §23A-4-2. Source: SL 1978, ch 178, §550.
SD Codified L § 23A-45-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 45 - Definitions And General Provisions|Section 23A-45-7 - (Rule 54(b)(5)) Proceedings to which title not applicable.

23A-45-7.(Rule 54(b)(5)) Proceedings to which title not applicable.This title is not applicable to the following proceedings in the South Dakota Codified Laws:(1)Chapter 21-27, habeas corpus;(2)Chapter 23-13, prevention and investigation of crimes;(3)Chapter 23A-35A, interception of communications;(4)Chapter 23-14, coroners' inquests;(5)Chapter 23-24, extradition proceedings;(6)Chapter 23-24A, interstate agreement on detainers;(7)Chapter 24-13, Board of Pardons and Paroles;(8)Chapter 24-14, executive clemency;(9)Chapter 24-15, paroles from the penitentiary;(10)Chapter 24-16, interstate parolee supervision;(11)Chapter 26-11, criminal proceedings against minors. Source: SL 1978, ch 178, §540; SL 1985, ch 15, §35.
SD Codified L § 23A-45-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 45 - Definitions And General Provisions|Section 23A-45-8 - Conflicts between title and other portions of code.

23A-45-8. Conflicts between title and other portions of code.Whenever any provision of the code is inconsistent or in conflict with this title or any part of it, the other statutory provision shall be reconciled and harmonized with this title as much as possible, and if such provision cannot be so harmonized and reconciled, then this title shall apply. Source: SL 1978, ch 178, §541.
SD Codified L § 23A-45-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 45 - Definitions And General Provisions|Section 23A-45-10 - (Rule 55) Records kept as prescribed by Supreme Court.

23A-45-10.(Rule 55) Records kept as prescribed by Supreme Court.Clerks of courts and such other personnel as are prescribed by rule shall keep such records in criminal proceedings as the Supreme Court may prescribe. Source: SL 1978, ch 178, §558.
SD Codified L § 23A-45-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 45 - Definitions And General Provisions|Section 23A-45-11 - (Rule 56) Circuit court always open--Hours when clerk's office open.

23A-45-11.(Rule 56) Circuit court always open--Hours when clerk's office open.A circuit court is always open for the purpose of filing any proper paper, of issuing and returning process, and of making motions and orders. A clerk's office with the clerk or a deputy in attendance shall be open for a reasonable time during business hours on all days except Saturdays, Sundays, and days specified as holidays in §1-5-1, but a court may provide by local rule or order that its clerk's office shall be open for specified hours on Saturdays or particular legal holidays. Source: SDC 1939 & Supp 1960, §34.0401; SDCL, §23-9-1; SL 1978, ch 178, §559; SL 1979, ch 159, §44.
SD Codified L § 23A-45-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 45 - Definitions And General Provisions|Section 23A-45-12 - (Rule 57(a)) Circuit court rules adopted by presiding judge--Consistent with title--Copies furnished to Supreme Court and code counsel--Publication of rules.

23A-45-12.(Rule 57(a)) Circuit court rules adopted by presiding judge--Consistent with title--Copies furnished to Supreme Court and code counsel--Publication of rules.A majority of the judges in each circuit court may make and amend rules governing practice not inconsistent with the rules contained in this chapter. Notice of the intent to adopt, amend or repeal any rule shall be given by filing a copy of the proposed rule, amendment or repeal in the office of the clerk of courts in each county within the circuit to be affected and by giving notice indicating the purpose of the proposed rule, amendment, or repeal in general terms and fixing a time and place, not sooner than thirty days following the date of the notice, at which any person may appear and be heard regarding the proposed adoption, amendment, or repeal. Notice of the proposed adoption, amendment, or repeal of several rules may be given at one time and in one notice. The notice required by this rule may be given by mailing to all of the active members of the state bar within the circuit.Any rule, or amendment or repeal thereof, adopted pursuant to this section shall become effective upon being filed with and approved by the Supreme Court. Upon being approved, all such rules, amendments, or repeals thereof shall be filed by the Supreme Court with the code counsel who shall publish them as an appendix to Title 23A of the code. Any rules heretofore adopted pursuant to this section are hereby nullified. Clerks of courts shall make appropriate arrangements, subject to the approval of the Supreme Court, to make copies of all rules promulgated pursuant to this section available to the public. Source: SL 1978, ch 178, §560; SL 1979, ch 159, §45; SL 1991, ch 433 (Supreme Court Rule 90-10).
SD Codified L § 23A-45-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 45 - Definitions And General Provisions|Section 23A-45-13 - (Rule 57(b)) Procedure not specifically prescribed by statute or rule.

23A-45-13.(Rule 57(b)) Procedure not specifically prescribed by statute or rule.If no procedure is specifically prescribed by statute or rule, a court may proceed in any lawful manner not inconsistent with this title or with any other applicable statute. Source: SL 1978, ch 178, §561.
SD Codified L § 23A-45-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 45 - Definitions And General Provisions|Section 23A-45-14 - (Rule 58) Forms drawn up by attorney general--Publication by code commission--Not mandatory.

23A-45-14.(Rule 58) Forms drawn up by attorney general--Publication by code commission--Not mandatory.The attorney general shall draw up forms to implement this title. The code commission shall publish such forms as an appendix to this title. Such forms shall be illustrative and not mandatory. Source: SL 1978, ch 178, §562.
SD Codified L § 23A-45-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 45 - Definitions And General Provisions|Section 23A-45-15 - (Rule 60) Citation of title--Citation of Rules of Criminal Procedure.

23A-45-15.(Rule 60) Citation of title--Citation of Rules of Criminal Procedure.This title may be known and cited as the South Dakota Code of Criminal Procedure. Sections of this title preceded by a rule number may be known and cited as the South Dakota Rules of Criminal Procedure. Source: SL 1978, ch 178, §564.
SD Codified L § A (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 45 - Definitions And General Provisions|Appendix A - Circuit Court Rules (See § 23A-45-12).

   APPENDIX A. CIRCUIT COURT RULES (See § 23A-45-12)    SECOND JUDICIAL CIRCUIT CRIMINAL RULES    CR ONE. INITIAL APPEARANCE    Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.    CR TWO. ARRAIGNMENT    Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019.   CR THREE. DISPOSITIONAL CONFERENCE    Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019.   CR FOUR. Repealed by SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998   CR FIVE. MOTION FOR DELAY    Source: SL 1994, ch 402 (Supreme Court Order) eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.   CR SIX. LIBRARY    Source: SL 1994, ch 402 (Supreme Court Order) eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.    CR SEVEN. DRESS CODE    Source: SL 1994, ch 402 (Supreme Court Order) eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.     CR EIGHT. DISPENSING POWER    Source: SL 1994, ch 402 (Supreme Court Order) eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.   CR NINE. COURT APPOINTED ATTORNEYS    Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; Supreme Court Order eff. Aug. 5, 2010; repealed (Supreme Court Order), eff. December 6, 2019.   CR TEN. BRIEF TO BE FILED WITH MOTION    Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019.
SD Codified L § 23A-46-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-1 - Conduct of psychiatric or psychological examination--Appointment of examiners--Additional examiners--Commitment for examination.

23A-46-1. Conduct of psychiatric or psychological examination--Appointment of examiners--Additional examiners--Commitment for examination.A psychiatric or psychological examination ordered pursuant to this chapter, §§23A-10A-3 to 23A-10A-4.2, inclusive, 23A-26-12 to 23A-26-12.6, inclusive, or 23A-27-42 to 23A-27-46, inclusive, shall be conducted by:(1)A licensed or certified psychiatrist;(2)A licensed clinical psychologist;(3)A certified social worker licensed for private independent practice with two years of supervised clinical experience in a mental health setting and with training on how to conduct and score competency evaluations;(4)A certified nurse practitioner or clinical nurse specialist with current psychiatric certification and with training on how to conduct and score competency evaluations;(5)A licensed professional counselor-mental health with training on how to conduct and score competency evaluations; or(6)If the court finds it appropriate, by more than one examiner.Each examiner shall be designated by the court, except that if the examination is ordered under §23A-27-43 or 23A-46-9, upon the request of the defendant an additional examiner may be selected by the defendant. For the purposes of an examination pursuant to an order under §23A-10-4, 23A-10A-3, 23A-26-12.1, 23A-27-43, or 23A-46-9, the court may commit the person to be examined for a reasonable period to the custody of a suitable facility. Source: SL 1985, ch 192, §30; SL 2017, ch 109, §18.
SD Codified L § 23A-46-1.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-1.1 - List of professionals qualified to conduct evaluations.

23A-46-1.1. List of professionals qualified to conduct evaluations.The licensing board of each professional listed in §23A-46-1 shall maintain a list of each professional licensed under their authority qualified to conduct competency evaluations. The Department of Social Services shall maintain a list of those evaluators for use by the courts in coordination with Department of Health, as needed. Source: SL 2017, ch 109, §19.
SD Codified L § 23A-46-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-2 - Report by examiner--Contents.

23A-46-2. Report by examiner--Contents.A psychiatric or psychological report ordered pursuant to this chapter, §§23A-10A-3 to 23A-10A-4.2, inclusive; 23A-26-12 to 23A-26-12.6, inclusive; or 23A-27-42 to 23A-27-46, inclusive, shall be prepared by the examiner designated to conduct the psychiatric or psychological examination, shall be filed with the court with copies provided to the counsel for the person examined and to the prosecuting attorney and shall include:(1)The person's history, if applicable, and present symptoms;(2)A description of the psychiatric, psychological, and medical tests that were employed and their results;(3)The examiner's findings; and(4)The examiner's opinions as to diagnosis, prognosis and:(a)If the examination is ordered under §23A-10A-3, whether the person is suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand the nature and consequences of the proceedings against the person or to assist properly in the person's defense;(b)If the examination is ordered under §23A-10-4, whether the person was insane at the time of the offense charged;(c)If the examination is ordered under §23A-46-9, whether the person is suffering from a mental disease or defect as a result of which the person's release would create a substantial risk of bodily injury to another person or serious damage to property of another;(d)If the examination is ordered under §23A-26-12.1 or 23A-27-43, whether the person is suffering from a mental disease or defect as a result of which the person is in need of custody for care or treatment in a suitable facility; and(e)If the examination is ordered as a part of a presentence investigation, any recommendation the examiner may have as to how the mental condition of the defendant should affect the sentence. Source: SL 1985, ch 192, §31; SL 2017, ch 109, §20.
SD Codified L § 23A-46-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-3 - Hearing--Representation of subject--Opportunity to present evidence.

23A-46-3. Hearing--Representation of subject--Opportunity to present evidence.At a hearing ordered pursuant to this chapter, §§23A-10A-3 to 23A-10A-4.2, inclusive, 23A-26-12 to 23A-26-12.6, inclusive, or 23A-27-42 to 23A-27-46, inclusive, the person whose mental condition is the subject of the hearing shall be represented by counsel and, if he is financially unable to obtain adequate representation, counsel shall be appointed for him. The person shall be afforded an opportunity to testify, to present evidence, to subpoena witnesses on his behalf and to confront and cross-examine witnesses who appear at the hearing. Source: SL 1985, ch 192, §32.
SD Codified L § 23A-46-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-4 - Reports of director of facility where person hospitalized.

23A-46-4. Reports of director of facility where person hospitalized.The director of the facility in which a person is hospitalized pursuant to:(1)Section 23A-10-4, shall prepare semiannual reports; or(2)Section 23A-26-12.1, 23A-27-43, or 23A-46-9, shall prepare an annual report concerning the mental condition of the person and containing recommendations concerning the need for his continued hospitalization. The reports shall be submitted to the court that ordered the person's commitment to the facility and copies of the report shall be submitted to such other persons as the court may direct. Source: SL 1985, ch 192, §33.
SD Codified L § 23A-46-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-5 - Video tape of defendant's testimony or interview.

23A-46-5. Video tape of defendant's testimony or interview.Upon written request of defense counsel, the court may order a video tape record made of the defendant's testimony or interview upon which the periodic report is based pursuant to §23A-46-4. Such video tape record shall be submitted to the court along with the periodic report. Source: SL 1985, ch 192, §34.
SD Codified L § 23A-46-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-6 - Habeas corpus proceeding not precluded.

23A-46-6. Habeas corpus proceeding not precluded.Nothing contained in §23A-26-12 or 23A-46-10 precludes a person who is committed under either of such sections from establishing by writ of habeas corpus the illegality of his detention. Source: SL 1985, ch 192, §35.
SD Codified L § 23A-46-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-7 - Hearing on discharge of person--Time for requesting.

23A-46-7. Hearing on discharge of person--Time for requesting.Regardless of whether the director of the facility in which a person is hospitalized has filed a certificate as provided in this chapter, §§23A-10A-3 to 23A-10A-4.2, inclusive, 23A-26-12 to 23A-26-12.6, inclusive, or 23A-27-42 to 23A-27-46, inclusive, counsel for the person or his guardian may, at any time during such person's hospitalization, file with the court that ordered the commitment a motion for a hearing to determine whether the person should be discharged from such facility, but no such motion may be filed within one hundred eighty days of a court determination that the person should continue to be hospitalized. A copy of the motion shall be sent to the director of the facility in which the person is hospitalized and to the prosecuting attorney. Source: SL 1985, ch 192, §36; SL 1993, ch 213, §110.
SD Codified L § 23A-46-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-8 - Notice that release of hospitalized person would create substantial risk--Stay of release.

23A-46-8. Notice that release of hospitalized person would create substantial risk--Stay of release.If the director of a facility in which a person is hospitalized certifies that a person whose sentence is about to expire or who has been committed to the custody of the Human Services Center pursuant to §23A-10A-4, or against whom all criminal charges have been dismissed solely for the reasons related to the mental condition of the person, is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, he shall transmit a certificate to that effect to the clerk of the court which had jurisdiction over the person. The clerk shall send a copy of the certificate to the person's counsel and to the prosecuting attorney. The court shall order a hearing to determine whether the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another. A certificate filed under this section shall stay the release of the person pending completion of the procedures contained in §§23A-46-9 to 23A-46-13, inclusive. Source: SL 1985, ch 192, §24.
SD Codified L § 23A-46-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-9 - Mental examination and report--Conduct of hearing.

23A-46-9. Mental examination and report--Conduct of hearing.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 §§23A-46-1 and 23A-46-2. The hearing shall be conducted pursuant to the provisions of §23A-46-3. Source: SL 1985, ch 192, §25.
SD Codified L § 23A-46-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-10 - Commitment--Finding.

23A-46-10. Commitment--Finding.If, after the hearing, the court finds by clear and convincing evidence that the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall commit the person to the Human Services Center for treatment until the person's mental condition is such that his release or conditional release under a prescribed regimen of medical, psychiatric, psychological care or treatment would not create a substantial risk of bodily injury to another person or serious damage to property of another. Source: SL 1985, ch 192, §26.
SD Codified L § 23A-46-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-11 - Recovery--Release procedure--Compliance with prescribed regimen as condition.

23A-46-11. Recovery--Release procedure--Compliance with prescribed regimen as condition.When the director of the facility in which a person is hospitalized pursuant to §23A-46-10 determines that the person has recovered from his mental disease or defect to such an extent that his release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the person's counsel and to the prosecuting attorney. The court shall order the discharge of the person, or on motion of the prosecuting attorney or on its own motion, shall hold a hearing, conducted pursuant to the provisions of §23A-46-3, to determine whether or not he should be released. If, after the hearing, the court finds by a preponderance of the evidence that the person has recovered from his mental disease or defect to the extent that:(1)His release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall order that he be immediately discharged; or(2)His conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall:(a)Order that he be conditionally discharged under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, that has been certified to the court as appropriate by the director of the facility in which he is committed and that has been found by the court to be appropriate; and(b)Order, as an explicit condition of release, that he comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment. The court at any time may, after a hearing employing the same criteria, modify or eliminate the regimen of medical, psychiatric, or psychological care or treatment. Source: SL 1985, ch 192, §27.