{"data":{"id":"us-sd/sdcl-23a-46-1","jurisdiction":"us-sd","citation":"SDCL § 23A-46-1","heading":"Conduct of psychiatric or psychological examination--Appointment of examiners--Additional examiners--Commitment for examination.","body":"A psychiatric or psychological examination ordered 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, shall be conducted by:\n(1) A licensed or certified psychiatrist;\n(2) A licensed clinical psychologist;\n(3) A certified social worker licensed for private independent practice with two years of supervised clinical experience in a mental health setting and with training on how to conduct and score competency evaluations;\n(4) A certified nurse practitioner or clinical nurse specialist with current psychiatric certification and with training on how to conduct and score competency evaluations;\n(5) A licensed professional counselor-mental health with training on how to conduct and score competency evaluations; or\n(6) If the court finds it appropriate, by more than one examiner.\nEach examiner shall be designated by the court, except that if the examination is ordered under § 23A-27-43 or 23A-46-9, upon the request of the defendant an additional examiner may be selected by the defendant. For the purposes of an examination pursuant to an order under § 23A-10-4, 23A-10A-3, 23A-26-12.1, 23A-27-43, or 23A-46-9, the court may commit the person to be examined for a reasonable period to the custody of a suitable facility.\nSource: SL 1985, ch 192, § 30; SL 2017, ch 109, § 18.","path":["TITLE 23A. CRIMINAL PROCEDURE","CHAPTER 23A-46. MENTAL EXAMINATIONS AND HEARINGS"],"source_url":"https://sdlegislature.gov/Statutes/23A-46-1","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"f16971bd896b2a7ff2767d3782f2d5f99e4c0bd874f55dce4dd26724e4336dd3","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-23a-45-15","next":"us-sd/sdcl-23a-46-1.1"},"notice":"GroundRules: Original legal text. Not legal advice."}