SDCL § 23A-7-16: Guilty but mentally ill plea--Prerequisites to acceptance.
Where this section sits in the code
- TITLE 23A. CRIMINAL PROCEDURE
- CHAPTER 23A-7. ARRAIGNMENT AND PLEAS
In addition to the requirements of §§ 23A-7-4 and 23A-7-5, if a defendant charged with a felony pleads guilty but mentally ill, the court may not accept the plea until the defendant has been examined by a licensed psychiatrist or a court-approved licensed psychologist and the court has examined the reports. The court shall hold a hearing on the defendant's mental condition and, if there is a factual basis on which the court can conclude that the defendant was mentally ill at the time of the offense, the plea shall be accepted.
Source: SL 1983, ch 174, § 6; SL 2016, ch 135, § 1.
Collected 2026-09-03T15:18:56Z. Source file · JSON