§ 23A-10A-1 Definition of mental incompetency
§ 23A-10A-2 Incompetent person cannot be tried, sentenced or punished
§ 23A-10A-3 Hearing on mental condition–Mental examination and report
§ 23A-10A-4 Commitment–Finding required–Duration
§ 23A-10A-4.1 Recovery of defendant–Certificate–Discharge pending hearing–Notice–Hearing
§ 23A-10A-4.2 Findings as to mental competence not prejudicing insanity defense–Inadmissible
§ 23A-10A-5 Suspension of proceedings pending determination of defendant’s competency
§ 23A-10A-6 Rules governing competency proceedings
§ 23A-10A-6.1 Burden and standard of proof
§ 23A-10A-10 Expense of maintenance of defendant committed
§ 23A-10A-13 Approved facility defined
§ 23A-10A-13.1 Restoration to competency program defined
§ 23A-10A-14 Facility’s report–Length of commitment determined–Review after one year–Dismissal on court finding
§ 23A-10A-15 Length of detention for Class A, B, or C felony
§ 23A-10A-16 Time in approved facility credited to term of imprisonment
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 10A - Inquiry Into Defendant's Mental Competency to Proceed

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • mentally incompetent to proceed: as used in this chapter , means the condition of a person who is suffering from a mental disease, developmental disability, as defined in §. See South Dakota Codified Laws 23A-10A-1
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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