SDCL § 23A-26-12: Remand to custody on verdict of guilty or guilty but mentally ill--Commitment hearing on acquittal for insanity.
Where this section sits in the code
- TITLE 23A. CRIMINAL PROCEDURE
- CHAPTER 23A-26. (RULE 31) VERDICT
If a verdict of guilty or "guilty but mentally ill" is returned against the defendant, he shall be remanded, if in custody, to the proper officer of the county to await the judgment of the court upon the verdict. When the jury has returned a verdict acquitting the defendant upon the ground of insanity, the court shall order that the defendant be committed to the human services center until such time as he is eligible for release pursuant to § 23A-26-12.5.
Source: SDC 1939 & Supp 1960, §§ 13.0605, 34.3676; SDCL, §§ 23-45-21, 23-48-2; SL 1978, ch 178, § 330; SL 1983, ch 174, § 17; SL 1985, ch 192, § 12.
Collected 2026-09-03T15:18:56Z. Source file · JSON