{"data":{"id":"us-sd/sdcl-23a-46-7","jurisdiction":"us-sd","citation":"SDCL § 23A-46-7","heading":"Hearing on discharge of person--Time for requesting.","body":"Regardless of whether the director of the facility in which a person is hospitalized has filed a certificate as provided in 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, counsel for the person or his guardian may, at any time during such person's hospitalization, file with the court that ordered the commitment a motion for a hearing to determine whether the person should be discharged from such facility, but no such motion may be filed within one hundred eighty days of a court determination that the person should continue to be hospitalized. A copy of the motion shall be sent to the director of the facility in which the person is hospitalized and to the prosecuting attorney.\nSource: SL 1985, ch 192, § 36; SL 1993, ch 213, § 110.","path":["TITLE 23A. CRIMINAL PROCEDURE","CHAPTER 23A-46. MENTAL EXAMINATIONS AND HEARINGS"],"source_url":"https://sdlegislature.gov/Statutes/23A-46-7","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"f2ab6d230b39c14fc64c98a8b72abe7dd9b0d417c3db8742794df65386538846","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-23a-46-6","next":"us-sd/sdcl-23a-46-8"},"notice":"GroundRules: Original legal text. Not legal advice."}