reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-39 - Discharge of guilty but mentally ill defendant by treating facility--Report.

23A-27-39. Discharge of guilty but mentally ill defendant by treating facility--Report.
If a treating facility discharges a defendant pursuant to §23A-27-38 prior to the expiration of his sentence, the facility shall forward to the Board of Pardons and Paroles a report on the condition of the defendant. The report shall contain the clinical facts, the diagnosis, the course of treatment, and the prognosis for remission of symptoms.
Source:
SL 1983, ch 174, §19.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-40 - Probation for defendant guilty but mentally ill--Treatment as condition.

23A-27-40. Probation for defendant guilty but mentally ill--Treatment as condition.
If a defendant is found "guilty but mentally ill" and is placed on probation, the sentencing court, upon recommendation of a licensed psychiatrist or a licensed psychologist, shall make treatment a condition of probation. Any report required by the sentencing court shall be filed with the court service department and the sentencing court. The defendant's failure to continue treatment, except by agreement with the treating agency and the sentencing court, is basis for commencing a probation revocation hearing and grounds for probation revocation.
Source:
SL 1983, ch 174, §21; SL 2019, ch 115, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-41 - Facilities providing treatment for mentally ill probationer--Payment of expense.

23A-27-41. Facilities providing treatment for mentally ill probationer--Payment of expense.
The treatment required by §23A-27-40 shall be provided by local mental health agencies, if available, or by a facility under the jurisdiction of the Department of Social Services. The defendant is responsible for payment for his treatment unless he is indigent. If the defendant is indigent and no other source of payment is available, payment for his treatment shall be paid by the county of his residence. With the court's approval, treatment at the defendant's expense may be provided by private agencies, private physicians, or other mental health personnel.
Source:
SL 1983, ch 174, §22; SL 1989, ch 21, §48; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-42 - Presentence hearing on mental condition.

23A-27-42. Presentence hearing on mental condition.
A defendant found guilty of an offense, or the prosecuting attorney may, within ten days after the defendant is found guilty, and prior to the time the defendant is sentenced, file a motion for a hearing on the present mental condition of the defendant if the motion is supported by substantial information indicating that the defendant may presently be suffering from a mental disease or defect for which he is in need of custody for care and treatment in a suitable facility. The court shall grant the motion, or at any time prior to the sentencing of the defendant shall order such a hearing on its own motion, if it is of the opinion that there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect for which he is in need of custody for care or treatment in a suitable facility.
Source:
SL 1985, ch 192, §19.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-43 - Mental examination and report before hearing.

23A-27-43. Mental examination and report before 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. If the report includes an opinion by the examiner that the defendant is presently suffering from a mental disease or defect but that it is not such as to require his custody for care or treatment in a suitable facility, then the report shall also include an opinion by the examiner concerning the sentencing alternatives that best accord the defendant the kind of treatment he does need.
Source:
SL 1985, ch 192, §20; SL 1986, ch 27, §7.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-45 - Commitment--Finding--Provisional sentence.

23A-27-45. Commitment--Finding--Provisional sentence.
If, after hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect and that he should, in lieu of being sentenced to imprisonment, be committed to a suitable facility for care or treatment, the court shall commit the defendant to the custody of the Human Services Center. The Human Services Center shall hospitalize the defendant for care or treatment. Such a commitment constitutes a provisional sentence of imprisonment to the maximum term authorized by law for the offense for which the defendant was found guilty.
Source:
SL 1985, ch 192, §22.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-46 - Recovery of defendant--Notice--Final sentencing.

23A-27-46. Recovery of defendant--Notice--Final sentencing.
When the administrator of the human services center determines that the defendant has recovered from his mental disease or defect to such an extent that he is no longer in need of custody for care or treatment in such a facility, 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 defendant's counsel and to the prosecuting attorney. If, at the time of the filing of the certificate, the provisional sentence imposed pursuant to §23A-27-45 has not expired, the court shall proceed finally to sentencing and may modify the provisional sentence.
Source:
SL 1985, ch 192, §23.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-47 - Confidentiality of records--Court order.

23A-27-47. Confidentiality of records--Court order.
Records prepared or maintained by court services officers are confidential. However, such records may be inspected by, or disclosed to, justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties and to persons specifically authorized by order of the court. The court may order that the records be provided to a person on its own motion. Records received by a person pursuant to court order must be held confidential by the receiving party unless otherwise authorized by the court.
Source: SL 1994, ch 217, §2; SL 2022, ch 74, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-47.1 - Motion to access court services records or testimony on court services records--Notice.

23A-27-47.1. Motion to access court services records or testimony on court services records--Notice.
If, in connection with a judicial proceeding, a person not authorized by court order pursuant to §23A-27-47 seeks confidential records prepared or maintained by a court services officer or testimony from a court services officer on the records, the person must file a motion with the court. The motion must state the issue to which the records or testimony is relevant, how the records or testimony is admissible, and the reason why the records or testimony cannot be obtained elsewhere. The motion must be served on the parties and the court services officer who prepared or maintained the records or whose testimony is being sought. The court shall set a hearing on the motion. The moving party shall comply with §23A-41-4.
Source: SL 2022, ch 74, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-49 - Posthumous sentencing of certain defendants.

23A-27-49. Posthumous sentencing of certain defendants.
Upon the death of a defendant who has not been sentenced but who has entered a plea of guilty or nolo contendere or has been found guilty at trial, the court shall enter a judgment of conviction pursuant to §23A-27-4. Any sentence imposed shall be limited to restitution, court costs, and costs of prosecution.
Source:
SL 2008, ch 116, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-50 - Substitution of personal representative for appeal purposes.

23A-27-50. Substitution of personal representative for appeal purposes.
If a defendant dies following the entry of a plea of guilty or nolo contendere or a finding of guilt at trial and the time for taking an appeal has not expired, the court may order substitution of the proper parties for the purpose of an appeal. The personal representative of the defendant's estate may make a motion for substitution, together with a notice of hearing, and shall serve the same on the prosecuting attorney.
Source:
SL 2008, ch 116, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-52 - Defendant serving in military or veteran.

23A-27-52. Defendant serving in military or veteran.
If a defendant appears in court and pleads guilty or no contest to a crime punishable as a felony or Class 1 misdemeanor, the court shall inquire whether the defendant is currently serving in or is a veteran of, the United States Armed Forces. If the defendant is currently serving in the military or is a military veteran, the court may:
(1)Order that a court services officer consult with the United States Department of Veterans Affairs or another agency or person with suitable knowledge or experience, for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, state, and local programming; and
(2)Consider the treatment recommendations of any diagnosing or treating mental health or substance abuse professionals together with the treatment options available to the defendant in imposing sentence.
Source:
SL 2013, ch 101, §8.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-53 - Probation for violation of §22-42-5 or .1--Treatment--Revocation.

23A-27-53. Probation for violation of §22-42-5 or 22-42-5.1--Treatment--Revocation.
After receiving a plea of guilty for a violation of §22-42-5 or 22-42-5.1, a court that has jurisdiction of the defendant may, without entering a judgment of guilt, and with the consent of the defendant, defer the imposition of sentence and place the defendant on probation for a period, terms, and conditions as the court deems best. The conditions shall include that the defendant complete a drug and alcohol evaluation and complete any recommended course of treatment. If after one year, the defendant has successfully completed the course of treatment and complied with all conditions of probation, the court shall dismiss the charge under §22-42-5 or 22-42-5.1 upon the defendant pleading guilty to ingestion under §22-42-15 or possession under §22-42-15.1. If the defendant violates any conditions of probation, the court shall revoke the deferred imposition of sentence and impose and execute the sentence. No person who has previously been granted a deferred imposition of sentence is eligible to be granted a second deferred imposition of sentence. A defendant is ineligible for the deferred imposition of sentence under this section if aggravating circumstances exist as defined by §22-6-11. A defendant serving a sentence under the supervision of the executive branch is not eligible for a deferred imposition of sentence.
Source:
SL 2017, ch 92, §2; SL 2019, ch 116, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-1 - Mitigating and aggravating circumstances considered by judge or jury.

23A-27A-1. Mitigating and aggravating circumstances considered by judge or jury.
Pursuant to §§23A-27A-2 to 23A-27A-6, inclusive, in all cases for which the death penalty may be authorized, the judge shall consider, or shall include in instructions to the jury for it to consider, any mitigating circumstances and any of the following aggravating circumstances which may be supported by the evidence:
(1)The offense was committed by a person with a prior record of conviction for a Class A or Class B felony, or the offense of murder was committed by a person who has a felony conviction for a crime of violence as defined in subdivision 22-1-2(9);
(2)The defendant by the defendant's act knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;
(3)The defendant committed the offense for the benefit of the defendant or another, for the purpose of receiving money or any other thing of monetary value;
(4)The defendant committed the offense on a judicial officer, former judicial officer, prosecutor, or former prosecutor while such prosecutor, former prosecutor, judicial officer, or former judicial officer was engaged in the performance of such person's official duties or where a major part of the motivation for the offense came from the official actions of such judicial officer, former judicial officer, prosecutor, or former prosecutor;
(5)The defendant caused or directed another to commit murder or committed murder as an agent or employee of another person;
(6)The offense was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim. Any murder is wantonly vile, horrible, and inhuman if the victim is less than thirteen years of age;
(7)The offense was committed against a law enforcement officer, employee of a corrections institution, or firefighter while engaged in the performance of such person's official duties;
(8)The offense was committed by a person in, or who has escaped from, the lawful custody of a law enforcement officer or place of lawful confinement;
(9)The offense was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of the defendant or another; or
(10)The offense was committed in the course of manufacturing, distributing, or dispensing substances listed in Schedules I and II in violation of §22-42-2.
Source:
SL 1979, ch 160, §7; SL 1981, ch 186, §3; SL 1989, ch 206; SL 1992, ch 173, §2; SL 1994, ch 178, §1; SL 1995, ch 132.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-2 - Presentence hearing required--Relevant evidence.

23A-27A-2. Presentence hearing required--Relevant evidence.
In all cases in which the death penalty may be imposed and which are tried by a jury, upon a return of a verdict of guilty by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. Such hearing shall be conducted to hear additional evidence in mitigation and aggravation of punishment. At such hearing the jury shall receive all relevant evidence, including:
(1)Evidence supporting any of the aggravating circumstances listed under §23A-27A-1;
(2)Testimony regarding the impact of the crime on the victim's family;
(3)Any prior criminal or juvenile record of the defendant and such information about the defendant's characteristics, the defendant's financial condition, and the circumstances of the defendant's behavior as may be helpful in imposing sentence;
(4)All evidence concerning any mitigating circumstances.
Source:
SL 1979, ch 160, §5; SL 1994, ch 178, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-3 - Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury.

23A-27A-3. Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury.
Upon the conclusion of the evidence, the judge shall give the jury appropriate instructions. After arguments of counsel, the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in §23A-27A-1, exist. The instructions as determined by the trial judge to be warranted by the evidence shall be given in his charge and in writing to the jury for its deliberation.
Source:
SL 1979, ch 160, §5; SL 1990, ch 175.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-4 - Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing--Life imprisonment--Bench trial or guilty plea.

23A-27A-4. Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing--Life imprisonment--Bench trial or guilty plea.
If, upon a trial by jury, a person is convicted of a Class A felony, a sentence of death shall not be imposed unless the jury verdict at the presentence hearing includes a finding of at least one aggravating circumstance and a recommendation that such sentence be imposed. If an aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. If a sentence of death is not recommended by the jury, the court shall sentence the defendant to life imprisonment. The provisions of this section shall not affect a sentence when the case is tried without a jury or when a court accepts a plea of guilty.
Source:
SL 1979, ch 160, §4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-5 - Written designation of aggravating circumstances required.

23A-27A-5. Written designation of aggravating circumstances required.
The jury, if its verdict is a recommendation of death, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. Upon the findings of the jury, the judge shall fix a sentence of death.
Source:
SL 1979, ch 160, §5.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-6 - Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition.

23A-27A-6. Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition.
In nonjury cases the judge shall, after conducting the presentence hearing as provided in §23A-27A-2, designate, in writing, the aggravating circumstance or circumstances, if any, which he found beyond a reasonable doubt. Unless at least one of the statutory aggravating circumstances enumerated in §23A-27A-1 is so found, the death penalty shall not be imposed.
Source:
SL 1979, ch 160, §6.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-7 - Sentence of death--Copies of judgment provided to officials.

23A-27A-7. Sentence of death--Copies of judgment provided to officials.
Upon a verdict or judgment of death made by a jury or a judge, the judge presiding at the trial shall sentence the convicted person to death and make the sentence in writing. The judgment of death shall be filed with the papers in the case against the convicted person and certified copies provided to the Governor, the secretary of corrections, the sheriff of the county where the crime was committed, and the warden.
Source:
SL 1979, ch 160, §8; SL 2008, ch 117, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-8 - Accumulation of prior capital felony records by Supreme Court--Staff and methods.

23A-27A-8. Accumulation of prior capital felony records by Supreme Court--Staff and methods.
The Supreme Court shall accumulate the records of all capital felony cases that the court deems appropriate.
The court may employ an appropriate staff and such methods to compile the data as are deemed by the Chief Justice to be appropriate and relevant to the statutory questions concerning the validity of the sentence.
Source:
SL 1979, ch 160, §13; SL 1982, ch 185.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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, and the sheriff of the county where the crime was committed 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 secretary of corrections, commanding the secretary of corrections or a designee of the secretary 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; SL 2023, ch 82, §35.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-16 - Delivery of defendant with warrant to state correctional facility.

23A-27A-16. Delivery of defendant with warrant to state correctional facility.
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 state correctional facility.
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; SL 2023, ch 82, §36.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-17 - Date and time of execution--Secretary of corrections to make public announcement.

23A-27A-17. Date and time of execution--Secretary of corrections to make public announcement.
The week so appointed may not be less than six months or more than eight months after the date of judgment of death. The time of execution within the week is in the discretion of the secretary of corrections to whom the warrant is directed. The secretary shall cause the execution to be performed on some day of such week. Not less than forty-eight hours prior to the execution, the secretary 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; SL 2023, ch 82, §37.
2023 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.
2023 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.
2023 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 secretary of corrections 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; SL 2023, ch 82, §38.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-31.2 - Confidentiality of identity of person or entity supplying or administering intravenous injection substance--Violation as misdemeanor.

23A-27A-31.2. Confidentiality of identity of person or entity supplying or administering intravenous injection substance--Violation as misdemeanor.
The name, address, qualifications, and other identifying information relating to the identity of any person or entity supplying or administering the intravenous injection substance or substances under chapter 23A-27A are confidential. Disclosure of the foregoing information may not be authorized or ordered. Disclosure of confidential information pursuant to this section concerning the execution of an inmate under chapter 23A-27A is a Class 1 misdemeanor.
Source:
SL 2008, ch 117, §25; SL 2013, ch 113, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-32 - Place and manner of execution--Qualifications to administer intravenous injection--Substances dispensed to secretary of corrections or designee without prescription.

23A-27A-32. Place and manner of execution--Qualifications to administer intravenous injection--Substances dispensed to secretary of corrections or designee without prescription.
The punishment of death must be inflicted within the walls of some building at a state correctional facility. The punishment of death must be inflicted by the intravenous injection of a substance or substances in a lethal quantity. The secretary of corrections or a designee of the secretary shall determine the substances and the quantity of substances used for the punishment of death. Only persons trained to administer the injection, selected by the secretary or a designee of the secretary, may perform an execution carried out by intravenous injection. The persons administering the intravenous injection need not be physicians, registered nurses, licensed practical nurses, or other medical professionals licensed or registered under the laws of this or any other state. Any infliction of the punishment of death by intravenous injection of a substance or substances in the manner required by this section may not be construed to be the practice of medicine. Any pharmacist or pharmaceutical supplier is authorized to dispense to the secretary or a designee of the secretary the substance or substances used to inflict the punishment of death without prescription, for carrying out the provisions of this section, notwithstanding any other provision of law.
Source: SL 1939, ch 135, §11; SDC Supp 1960, §34.37A11; SDCL §23-49-20; SL 1979, ch 160, §34; SL 1984, ch 181; SL 2007, ch 151, §1; SL 2008, ch 117, §26; SL 2023, ch 82, §40.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-32.1 - Execution of persons convicted before July 1, 2007--Choice of manner of execution.

23A-27A-32.1. Execution of persons convicted before July 1, 2007--Choice of manner of execution.
Any person convicted of a capital offense or sentenced to death prior to July 1, 2007 may choose to be executed in the manner provided in §23A-27A-32 or in the manner provided by South Dakota law at the time of the person's conviction or sentence. The person shall choose by indicating in writing to the secretary of corrections not less than seven days prior to the scheduled week of execution the manner of execution chosen. If the person fails or refuses to choose in the time provided under this section, then the person shall be executed as provided in §23A-27A-32.
Source: SL 2007, ch 151, §2; SL 2023, ch 82, §41.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27A - Capital Punishment › Section 23A-27A-33 - Place for persons and equipment provided at correctional facility.

23A-27A-33. Place for persons and equipment provided at correctional facility.
The Department of Corrections shall arrange for and provide a proper and suitable place at a state correctional facility for the custody of persons awaiting sentence of death and for the execution of the death sentence together with any and all proper equipment and appliances for the infliction of such punishment.
Source: SL 1939, ch 135, §12; SDC Supp 1960, §34.37A12; SDCL, §23-49-21; SL 1979, ch 160, §35; SL 1989, ch 20, §68; SL 2023, ch 82, §42.