reglab/housing_qa huggingface dataset:
SD Codified L § 23A-27A-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-9 - Review by Supreme Court required when death penalty imposed--Procedure.

23A-27A-9. Review by Supreme Court required when death penalty imposed--Procedure.If the death penalty is imposed, and if the judgment becomes final in the trial court, the sentence shall be reviewed on the record by the South Dakota Supreme Court. The clerk of the trial court, within ten days after receiving the transcript, shall transmit the entire record and transcript to the Supreme Court together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The Supreme Court shall consider the punishment as well as any errors enumerated by way of appeal. Source: SL 1939, ch 137, §§1 to 3; SDC Supp 1960, §34.37A16; SDCL, §§23-49-31, 23-49-32; SL 1979, ch 160, §9.
SD Codified L § 23A-27A-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-10 - Sentence review consolidated with direct appeal--Decision.

23A-27A-10. Sentence review consolidated with direct appeal--Decision.The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence. Source: SL 1979, ch 160, §14.
SD Codified L § 23A-27A-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-11 - Procedure on appeal from capital punishment case--Briefs--Oral argument.

23A-27A-11. Procedure on appeal from capital punishment case--Briefs--Oral argument.Except as provided in this chapter, the procedure on appeal from a decision in which capital punishment has been imposed shall be the same as is prescribed by law or Supreme Court rule in other criminal cases. Both the defendant and the state shall have the right to submit briefs within the time provided by the court, and to present oral argument to the court. Source: SL 1939, ch 137, §4; SDC Supp 1960, §34.37A16; SDCL, §23-49-33; SL 1979, ch 160, §§11, 15.
SD Codified L § 23A-27A-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-12 - Factors reviewed by Supreme Court regarding sentence.

23A-27A-12. Factors reviewed by Supreme Court regarding sentence.With regard to the sentence, the Supreme Court shall determine:(1)Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and(2)Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in §23A-27A-1; and(3)Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant. Source: SL 1979, ch 160, §10.
SD Codified L § 23A-27A-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-13 - Reference to similar cases to be included in decision--Death sentence affirmed or set aside--Similar-case records provided to resentencing judge.

23A-27A-13. Reference to similar cases to be included in decision--Death sentence affirmed or set aside--Similar-case records provided to resentencing judge.The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:(1)Affirm the sentence of death; or(2)Set the sentence aside and remand the case for resentencing by the trial judge based on the record and argument of counsel. The records of those similar cases referred to by the Supreme Court in its decision, and the extracts prepared as hereinafter provided for, shall be provided to the resentencing judge for his consideration. Source: SL 1979, ch 160, §12.
SD Codified L § 23A-27A-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-15 - Warrant of death sentence and execution--Time of execution.

23A-27A-15. Warrant of death sentence and execution--Time of execution.Whenever judgment of death is rendered, the judge shall also sign and provide to the Governor, the secretary of corrections, the sheriff of the county where the crime was committed, and the warden a warrant of death sentence and execution, along with a brief statement of the facts and circumstances of the case, duly attested by the clerk under the seal of the court. The warrant of death sentence and execution shall describe the conviction and sentence and appoint the week within which the sentence shall be executed. The warrant of death sentence and execution shall be directed to the warden of the state penitentiary at Sioux Falls, commanding the warden to execute the sentence on some day within the week appointed. Source: SL 1939, ch 135, §1; SDC Supp 1960, §34.37A01; SDCL §23-49-1; SL 1979, ch 160, §17; SL 2008, ch 117, §2.
SD Codified L § 23A-27A-16 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-16 - Delivery of defendant with warrant to penitentiary.

23A-27A-16. Delivery of defendant with warrant to penitentiary.Within ten days after the issuing of a warrant of death sentence and execution under §23A-27A-15, the sheriff shall deliver the defendant together with certified copies of the warrant of death sentence and execution and the judgment of conviction to the penitentiary. Source: SL 1939, ch 135, §1; SDC Supp 1960, §34.37A01; SDCL §23-49-2; SL 1979, ch 160, §18; SL 2008, ch 117, §3.
SD Codified L § 23A-27A-17 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-17 - Date and time of execution--Warden to make public announcement.

23A-27A-17. Date and time of execution--Warden to make public announcement.The week so appointed shall be not less than six months nor more than eight months after the date of judgment of death. The time of execution within the week shall be left to the discretion of the warden to whom the warrant is directed. The warden shall cause the execution to be performed on some day of such week. Not less than forty-eight hours prior to the execution, the warden shall make a public announcement of the scheduled day and hour of the execution. Source: SL 1939, ch 135, §2; SDC Supp 1960, §34.37A02; SDCL §23-49-3; SL 1979, ch 160, §19; SL 1999, ch 123, §1; SL 2008, ch 117, §4.
SD Codified L § 23A-27A-19 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-19 - Investigation by Governor.

23A-27A-19. Investigation by Governor.The Governor may make such investigation of the case as the Governor may deem proper and may require the assistance of the attorney general. Source: SL 1939, ch 135, §4; SDC Supp 1960, §34.27A04; SDCL §23-49-5; SL 1979, ch 160, §21; SL 2008, ch 117, §6.
SD Codified L § 23A-27A-20 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-20 - Reprieve or suspension of sentence by Governor during investigation.

23A-27A-20. Reprieve or suspension of sentence by Governor during investigation.The Governor may reprieve or suspend the execution of the sentence for such reasonable time as the Governor may see fit for the purpose of completing an investigation or other like proper purpose but the period of reprieve or suspension shall not in any event, exceed ninety days. Source: SL 1939, ch 135, §4; SDC Supp 1960, §34.37A04; SDCL §23-49-7; SL 1979, ch 160, §22; SL 2008, ch 117, §7.
SD Codified L § 23A-27A-21 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-21 - Power to reprieve or suspend sentence limited to Governor--Exception.

23A-27A-21. Power to reprieve or suspend sentence limited to Governor--Exception.No judge, officer, commission, or board, other than the Governor, may reprieve or suspend the execution of a judgment of death. However, the warden or deputy warden of the penitentiary is authorized so to do in a case and in the manner prescribed in this chapter or as provided in §§23A-27A-24 and 23A-27A-28. This section does not apply to a stay of proceedings upon appeal or to the issuance of a writ of habeas corpus, certiorari, or other original remedial writ of the Supreme Court. Source: SL 1939, ch 135, §5; SDC Supp 1960, §34.37A05; SDCL §23-49-8; SL 1979, ch 160, §23; SL 2008, ch 117, §8.
SD Codified L § 23A-27A-22 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-22 - Mental incompetence of defendant--Notice to Governor, secretary of corrections, and sentencing court.

23A-27A-22. Mental incompetence of defendant--Notice to Governor, secretary of corrections, and sentencing court.If a defendant confined under sentence of death does not appear to be mentally competent to be executed, the warden having custody of the defendant shall notify the Governor, the secretary of corrections, and the sentencing court. Source: SL 1939, ch 135, §6; SDC Supp 1960, §34.37A06; SDCL §23-49-9; SL 1979, ch 160, §24; SL 2002, ch 135, §2; SL 2008, ch 117, §9.
SD Codified L § 23A-27A-22.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-22.1 - Hearings and examinations regarding mental competence of defendant--Change in circumstances.

23A-27A-22.1. Hearings and examinations regarding mental competence of defendant--Change in circumstances.If the warden notifies the sentencing court that a defendant under a sentence of death does not appear to be mentally competent to be executed, or if the prosecuting attorney or the defense attorney moves for a determination of whether the defendant is mentally competent to be executed, and the sentencing court determines that there is a substantial threshold showing of incompetence to be executed, the sentencing court shall conduct hearings and order mental examinations pursuant to this section and §§23A-27A-22.2 to 23A-27A-22.5, inclusive. Prior to the date of the hearing, the court may order that a psychiatric examination of the defendant be conducted pursuant to §23A-27A-22.2, and that a psychiatric report be filed with the court, pursuant to §23A-27A-22.3. The state has the burden of proving the mental competence of the defendant by a preponderance of the evidence. A defendant is mentally competent to be executed if the defendant is aware of the impending execution and the reason for it. If the defendant has previously been determined to be competent to be executed under this chapter and there is a subsequent motion to the sentencing court that the defendant no longer appears to be mentally competent to be executed, there shall be a prima facie showing of a substantial change in circumstances raising a significant question of the defendant's competence to be executed before the sentencing court conducts any further hearing. Source: SL 2008, ch 117, §10.
SD Codified L § 23A-27A-22.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-22.2 - Psychiatric examination.

23A-27A-22.2. Psychiatric examination.Any psychiatric examination ordered pursuant to §23A-27A-22.1 shall be conducted by a licensed or certified psychiatrist, or, if the court finds it appropriate, by more than one such psychiatrist. Each psychiatrist shall be designated by the court. For the purposes of a psychiatric examination ordered pursuant to §23A-27A-22.1, the defendant shall remain confined under the physical custody of the Department of Corrections. Source: SL 2008, ch 117, §11.
SD Codified L § 23A-27A-22.3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-22.3 - Psychiatric report.

23A-27A-22.3. Psychiatric report.Any psychiatric report ordered pursuant to §23A-27A-22.1 shall be prepared by the psychiatrist designated to conduct the psychiatric examination, shall be filed with the court with copies provided to the counsel for the defendant and to the prosecuting attorney, and shall include:(1)The defendant's history and present symptoms;(2)A description of the psychiatric, psychological, and medical tests that were employed and their results; and(3)The psychiatrist's determination whether the defendant is mentally competent to be executed as defined in §23A-27A-22.1. Source: SL 2008, ch 117, §12.
SD Codified L § 23A-27A-22.4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-22.4 - Video tape record of psychiatric examination.

23A-27A-22.4. Video tape record of psychiatric examination.Upon written request of defense counsel, the court may order a video tape record made of the defendant's psychiatric examination conducted pursuant to §23A-27A-22.1. Either the prosecuting attorney or the defendant's counsel may request a copy of the video tape record. The video tape record shall be submitted to the court along with the psychiatric report, pursuant to §23A-27A-22.3. Source: SL 2008, ch 117, §13.
SD Codified L § 23A-27A-22.5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-22.5 - Counsel for defendant--Rights afforded at hearing.

23A-27A-22.5. Counsel for defendant--Rights afforded at hearing.At any hearing ordered pursuant to §23A-27A-22.1, the defendant shall be represented by counsel and, if financially unable to obtain adequate representation, counsel shall be appointed for the defendant. The defendant shall be afforded an opportunity to testify, to present evidence, to subpoena witnesses on the defendant's behalf, and to confront and cross-examine witnesses who appear at the hearing. Source: SL 2008, ch 117, §14.
SD Codified L § 23A-27A-26.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-26.1 - Death penalty not to be imposed on intellectually disabled person.

23A-27A-26.1. Death penalty not to be imposed on intellectually disabled person.Notwithstanding any other provision of law, the death penalty may not be imposed upon any person who was intellectually disabled at the time of the commission of the offense and whose intellectual disability was manifested and documented before the age of eighteen years. Source: SL 2000, ch 112, §1; SL 2018, ch 148, §1.
SD Codified L § 23A-27A-26.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-26.2 - Intellectual disability defined.

23A-27A-26.2. Intellectual disability defined.As used in §§23A-27A-26.1 to 23A-27A-26.7, inclusive, intellectual disability means significant subaverage general intellectual functioning existing concurrently with substantial related deficits in applicable adaptive skill areas. An intelligence quotient exceeding seventy on a reliable standardized measure of intelligence is presumptive evidence that the defendant does not have significant subaverage general intellectual functioning. Source: SL 2000, ch 112, §2; SL 2018, ch 148, §2.
SD Codified L § 23A-27A-26.3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-26.3 - Procedures for determining intellectual disability of defendant.

23A-27A-26.3. Procedures for determining intellectual disability of defendant.Not later than ninety days before the commencement of trial, the defendant may upon a motion alleging reasonable cause to believe the defendant was intellectually disabled at the time of the commission of the offense, apply for an order directing that an intellectual disability hearing be conducted before trial. If, upon review of the defendant's motion and any response to the defendant's motion, the court finds reasonable cause to believe the defendant was intellectually disabled, the court shall promptly conduct a hearing without a jury to determine whether the defendant was intellectually disabled. If the court finds after the hearing that the defendant was not intellectually disabled at the time of the commission of the offense, the court shall, before commencement of trial, enter an order stating the court's finding. Nothing in this paragraph precludes the defendant from presenting mitigating evidence of an intellectual disability at the sentencing phase of the trial. If the court finds after the hearing that the defendant established an intellectual disability by a preponderance of the evidence, the court shall before commencement of trial, enter an order stating the court's finding. Unless the order is reversed on appeal, a separate sentencing proceeding under this section may not be conducted if the defendant is thereafter convicted of murder in the first degree. If a separate sentencing proceeding is not conducted, the court, upon conviction of a defendant for the crime of murder in the first degree, shall sentence the defendant to life imprisonment. Source: SL 2000, ch 112, §3; SL 2018, ch 148, §3.
SD Codified L § 23A-27A-26.4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-26.4 - Appeal by state.

23A-27A-26.4. Appeal by state.If the court enters an order pursuant to §23A-27A-26.3 finding that the defendant was intellectually disabled at the time of the commission of the offense, the state may appeal as of right from the order. Upon entering such an order, the court shall afford the state a reasonable period of time, which may not be less than ten days, to determine whether to take an appeal from the order finding that the defendant was intellectually disabled. The taking of an appeal by the state stays the effectiveness of the court's order and any order fixing a date for trial. Source: SL 2000, ch 112, §4; SL 2018, ch 148, §4.
SD Codified L § 23A-27A-26.5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-26.5 - Examination of defendant by expert designated by state--Videotaped recording--Defendant's statements inadmissible except as to issue of intellectual disability.

23A-27A-26.5. Examination of defendant by expert designated by state--Videotaped recording--Defendant's statements inadmissible except as to issue of intellectual disability.If a defendant serves notice pursuant to §23A-27A-26.3, the state may make application, upon notice to the defendant, for an order directing that the defendant submit to an examination by a psychiatrist, licensed psychologist, or licensed psychiatric social worker designated by the state's attorney, for the purpose of rebutting evidence offered by the defendant. Counsel for the state and the defendant have the right to be present at the examination. A videotaped recording of the examination shall be made available to the defendant and the state's attorney promptly after its conclusion. The state's attorney shall promptly serve on the defendant a written copy of the findings and evaluation of the examiner. If a defendant is subjected to an examination pursuant to an order issued in accordance with this section, any statement made by the defendant for the purpose of the examination is inadmissible in evidence against the defendant in any criminal action or proceeding on every issue other than that of whether the defendant was intellectually disabled at the time of the commission of the offense, but such statement is admissible upon such an issue whether or not it would otherwise be deemed a privileged communication. Source: SL 2000, ch 112, §5; SL 2018, ch 148, §5.
SD Codified L § 23A-27A-26.6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-26.6 - Applicability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.

23A-27A-26.6. Applicability of §§23A-27A-26.1 to 23A-27A-26.7, inclusive.The provisions of §§23A-27A-26.1 to 23A-27A-26.7, inclusive, apply only to offenses alleged to have been committed by the defendant after July 1, 2000. Source: SL 2000, ch 112, §6.
SD Codified L § 23A-27A-26.7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-26.7 - Inseparability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.

23A-27A-26.7. Inseparability of §§23A-27A-26.1 to 23A-27A-26.7, inclusive.The provisions of §§23A-27A-26.1 to 23A-27A-26.7, inclusive, are essentially and inseparably connected and interdependent. Source: SL 2000, ch 112, §7.
SD Codified L § 23A-27A-27 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-27 - Pregnancy of defendant--Examination--Report.

23A-27A-27. Pregnancy of defendant--Examination--Report.If there is reasonable ground to believe that a female defendant sentenced to death is pregnant, the warden having her in custody shall arrange for an examination of the defendant to determine her condition. Upon the completion of the examination, the warden shall make a report in writing over the warden's signature, stating the facts, and submit the report to the secretary of corrections, the sentencing court, and the Governor. Source: SL 1939, ch 135, §9; SDC Supp 1960, §34.37A09; SDCL §23-49-15; SL 1979, ch 160, §29; SL 2008, ch 117, §19.
SD Codified L § 23A-27A-28 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-28 - Suspension of sentence if defendant pregnant.

23A-27A-28. Suspension of sentence if defendant pregnant.If the examination under §23A-27A-27 finds that the defendant is pregnant the execution of the sentence shall be suspended by the sentencing court. The defendant may not be executed until a new warrant of death sentence and execution is received from the sentencing court so directing. Source: SL 1939, ch 135, §9; SDC Supp 1960, §34.37A09; SDCL §23-49-16; SL 1979, ch 160, §30; SL 2008, ch 117, §20.
SD Codified L § 23A-27A-29 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-29 - Defendant no longer pregnant--Execution warrant issued.

23A-27A-29. Defendant no longer pregnant--Execution warrant issued.If the execution of a sentence is suspended pursuant to §23A-27A-28, as soon as the sentencing court is satisfied the defendant is no longer pregnant, the sentencing court shall forthwith issue a warrant of death sentence and execution appointing a week for her execution, pursuant to her sentence. The week for the execution shall be within a period of not less than thirty nor more than ninety days from the date of the warrant of death sentence and execution. In no case may the appointed week of execution be sooner than the week appointed by the sentencing court pursuant to §23A-27A-15. Source: SL 1939, ch 135, §9; SDC Supp 1960, §34.37A09; SDCL §23-49-17; SL 1979, ch 160, §31; SL 2008, ch 117, §21.