2021 South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 46 - Mental Examinations And Hearings
Section 23A-46-2 - Report by examiner--Contents.
23A-46-2. Report by examiner--Contents.
A psychiatric or psychological report ordered pursuant to this chapter, §§23A-10A-3 to 23A-10A-4.2, inclusive; 23A-26-12 to 23A-26-12.6, inclusive; or 23A-27-42 to 23A-27-46, inclusive, shall be prepared by the examiner designated to conduct the psychiatric or psychological examination, shall be filed with the court with copies provided to the counsel for the person examined and to the prosecuting attorney and shall include:
(1)The person's history, if applicable, and present symptoms;
(2)A description of the psychiatric, psychological, and medical tests that were employed and their results;
(3)The examiner's findings; and
(4)The examiner's opinions as to diagnosis, prognosis and:
(a)If the examination is ordered under §23A-10A-3, whether the person is suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand the nature and consequences of the proceedings against the person or to assist properly in the person's defense;
(b)If the examination is ordered under §23A-10-4, whether the person was insane at the time of the offense charged;
(c)If the examination is ordered under §23A-46-9, whether the person is suffering from a mental disease or defect as a result of which the person's release would create a substantial risk of bodily injury to another person or serious damage to property of another;
(d)If the examination is ordered under §23A-26-12.1 or 23A-27-43, whether the person is suffering from a mental disease or defect as a result of which the person is in need of custody for care or treatment in a suitable facility; and
(e)If the examination is ordered as a part of a presentence investigation, any recommendation the examiner may have as to how the mental condition of the defendant should affect the sentence.
Source: SL 1985, ch 192, §31; SL 2017, ch 109, §20.
