§ 23A-46-1 Conduct of psychiatric or psychological examination–Appointment ofexaminers–Additional examiners–Commitment for examination
§ 23A-46-1.1 List of professionals qualified to conduct evaluations
§ 23A-46-2 Report by examiner–Contents
§ 23A-46-3 Hearing–Representation of subject–Opportunity to present evidence
§ 23A-46-4 Reports of director of facility where person hospitalized
§ 23A-46-5 Video tape of defendant’s testimony or interview
§ 23A-46-6 Habeas corpus proceeding not precluded
§ 23A-46-7 Hearing on discharge of person–Time for requesting
§ 23A-46-8 Notice that release of hospitalized person would create substantial risk–Stay ofrelease
§ 23A-46-9 Mental examination and report–Conduct of hearing
§ 23A-46-10 Commitment–Finding
§ 23A-46-11 Recovery–Release procedure–Compliance with prescribed regimen as condition
§ 23A-46-12 Failure to comply with regimen–Notice–Arrest–Court determination
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 46 - Mental Examinations and Hearings

  • Arrest: Taking physical custody of a person by lawful authority.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2