{"data":{"id":"us-sd/sdcl-23a-27-42","jurisdiction":"us-sd","citation":"SDCL § 23A-27-42","heading":"Presentence hearing on mental condition.","body":"A defendant found guilty of an offense, or the prosecuting attorney may, within ten days after the defendant is found guilty, and prior to the time the defendant is sentenced, file a motion for a hearing on the present mental condition of the defendant if the motion is supported by substantial information indicating that the defendant may presently be suffering from a mental disease or defect for which he is in need of custody for care and treatment in a suitable facility. The court shall grant the motion, or at any time prior to the sentencing of the defendant shall order such a hearing on its own motion, if it is of the opinion that there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect for which he is in need of custody for care or treatment in a suitable facility.\nSource: SL 1985, ch 192, § 19.","path":["TITLE 23A. CRIMINAL PROCEDURE","CHAPTER 23A-27. SENTENCE AND JUDGMENT"],"source_url":"https://sdlegislature.gov/Statutes/23A-27-42","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"fd6e03143b6bd046d5df23c5fed395e0bbf4f2eadea70e9c1032c5e39da067e0","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-23a-27-41","next":"us-sd/sdcl-23a-27-43"},"notice":"GroundRules: Original legal text. Not legal advice."}