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2012 South Dakota Codified Laws
Title 33 MILITARY AFFAIRS
Chapter 10. Uniform State Code Of Military Justice
§33-10-236 Action when release would create substantial risk of injury or serious property damage.


SD Codified L § 33-10-236 (through 2012) What's This?


33-10-236. Action when release would create substantial risk of injury or serious property damage. If the court-martial fails to find by the standard specified in the state statute applicable to persons incompetent to stand trial, that the person's release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect:

(1) The general court-martial convening authority may commit the person to the custody of the state attorney general; and

(2) The state attorney general shall take action in accordance with the state statute applicable to persons incompetent to stand trial.

Source: SL 2012, ch 175, § 217.

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