2013 South Dakota Codified Laws
Title 23A - CRIMINAL PROCEDURE
Chapter 07 - Arraignment And Pleas
§ 23A-7-16 Guilty but mentally ill plea--Prerequisites to acceptance.
23A-7-16. Guilty but mentally ill plea--Prerequisites to acceptance. In addition to the requirements of §§ 23A-7-4 and 23A-7-5, if a defendant charged with a felony pleads guilty but mentally ill, the court may not accept the plea until the defendant has been examined by a licensed psychiatrist and the court has examined the psychiatric reports. The court shall hold a hearing on the defendant's mental condition and if there is a factual basis on which the court can conclude that the defendant was mentally ill at the time of the offense, the plea shall be accepted.
Source: SL 1983, ch 174, § 6.
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