2013 South Dakota Codified Laws
Title 23A - CRIMINAL PROCEDURE
Chapter 27A - Capital Punishment
§ 23A-27A-24 Defendant incompetent to be executed--Suspension of sentence--Confinement--Periodic review.
23A-27A-24. Defendant incompetent to be executed--Suspension of sentence--Confinement--Periodic review. If the sentencing court finds the defendant is not mentally competent to be executed the sentencing court shall suspend the execution of sentence until the defendant is mentally competent to be executed. The defendant shall remain confined under the physical custody of the Department of Corrections. The sentencing court shall review the defendant's mental condition at least once every six months during the period that the execution of sentence is suspended.
Source: SL 1939, ch 135, § 6; SDC Supp 1960, § 34.37A06; SDCL § 23-49-11; SL 1979, ch 160, § 26; SL 2008, ch 117, § 15.
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