2019 South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed
§ 23A-10A-15 Length of detention for Class A or B felony.
23A-10A-15. Length of detention for Class A or B felony. If the most serious charge against the defendant is a Class A or B felony, the order of detention shall be for any period of time deemed reasonable by the court or until the charges have been dismissed by the prosecution. The order for detention may not exceed the maximum penalty allowable for the most serious charge facing the defendant. Upon expiration of the order of detention, or after the expiration of the longest time the defendant could have been sentenced, whichever is longest, the criminal charges against the defendant shall be dismissed. If the prosecutor believes that there is probable cause to believe that the defendant is a danger to himself or others at the time of such dismissal, he may file a petition pursuant to chapter 27A-10 or 27A-11A or Title 27B, for further treatment.
Every twelve months thereafter the director of the approved facility shall notify the court if the defendant is still in the approved facility pursuant to this chapter, and the circuit court shall hold a hearing to review any order of detention to determine if the defendant has become competent to proceed.
Source: SL 1991, ch 199, ยงยง 8, 9.
