There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 23A CRIMINAL PROCEDURE
Chapter 27. Sentence And Judgment
§23A-27-40 Probation for defendant guilty but mentally ill--Treatment as condition.
SD Codified L § 23A-27-40 (through 2011) What's This?
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, shall make treatment a condition of probation. Reports as specified 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.
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