There is a newer version of the South Dakota Codified Laws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-27-45 Commitment--Finding--Provisional sentence.
SD Codified L § 23A-27-45 (through 2011) What's This?
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.
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