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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 23A-46-13: Hospitalized person against whom charges dismissed--Notice of risk--Civil proceedings.

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Where this section sits in the code
  1. TITLE 23A. CRIMINAL PROCEDURE
  2. CHAPTER 23A-46. MENTAL EXAMINATIONS AND HEARINGS

If the administrator of the facility in which a person is hospitalized 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, certifies that the person, against whom all charges have been dismissed for reasons not related to the mental condition of the person, is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, the administrator shall refer the matter to the prosecuting attorney for proceedings for civil commitment.

Source: SL 1985, ch 192, § 29.

Collected 2026-09-03T15:18:56Z. Source file · JSON

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