Key Information

Relevant Statutes and Rules

S.D. Codified Laws § 23A-10A et seq.

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1

S.D. Codified Laws § 23A-10A-3

Qualifications of examiners

"psychiatric or psychological examination"

S.D. Codified Laws § 23A-10A-3

What must the evaluation report contain

None stated.

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Inpatient
Outpatient if the court makes a written finding that the defendant is not considered to be a danger to the health and safety of others and is otherwise eligible for bond

S.D. Codified Laws § 23A-10A-4

What is the test for restorability

"no substantial probability that the defendant will become competent to proceed in the foreseeable future"

S.D. Codified Laws § 23A-10A-14
 

What is the procedure after restoration

"If the director of the facility under which the defendant is being treated in accordance with § 23A-10A-4 determines that the defendant has recovered to an extent that the defendant is able to understand the nature and consequences of the proceedings against the defendant and to assist properly in the defense, the director shall promptly file a certificate to that effect with the clerk of the court that ordered the placement or commitment, and the defendant shall be discharged from the facility where the defendant is hospitalized, if applicable."

"The court shall hold a hearing, conducted under the provisions of § 23A-46-3, to determine the competency of the defendant. If, after the hearing, the court finds by a preponderance of the evidence that the defendant has recovered to an extent that the defendant is capable of understanding the nature and consequences of the proceedings against the defendant and to assist properly in the defense, the court shall set the date for trial."

S.D. Codified Laws § 23A-10A-4.1

What is the procedure if there is a finding of unrestorability

Charges dismissed. 
"If the director of the facility determines there is probable cause to believe that the defendant is a danger to self or others if the defendant is released, the director shall include the basis for that determination in the report and may recommend that the prosecutor file a petition for civil commitment proceedings."

S.D. Codified Laws § 23A-10A-14

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

Charges dismissed.
"If the prosecutor believes there is probable cause to believe that the defendant is a danger to self or to others at the time of dismissal, the prosecutor may file a petition in accordance with chapter 27A-10 or 27A-11A or title 27B, for further restoration to competency."

S.D. Codified Laws § 23A-10A-15

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

"maximum penalty allowable for the most serious charge facing the defendant"

S.D. Codified Laws § 23A-10A-15