{"data":{"id":"us-sd/sdcl-23a-46-8","jurisdiction":"us-sd","citation":"SDCL § 23A-46-8","heading":"Notice that release of hospitalized person would create substantial risk--Stay of release.","body":"If the director of a facility in which a person is hospitalized certifies that a person whose sentence is about to expire or who has been committed to the custody of the Human Services Center pursuant to § 23A-10A-4, or against whom all criminal charges have been dismissed solely for the reasons 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, he shall transmit a certificate to that effect to the clerk of the court which had jurisdiction over the person. The clerk shall send a copy of the certificate to the person's counsel and to the prosecuting attorney. The court shall order a hearing to determine whether 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. A certificate filed under this section shall stay the release of the person pending completion of the procedures contained in §§ 23A-46-9 to 23A-46-13, inclusive.\nSource: SL 1985, ch 192, § 24.","path":["TITLE 23A. CRIMINAL PROCEDURE","CHAPTER 23A-46. MENTAL EXAMINATIONS AND HEARINGS"],"source_url":"https://sdlegislature.gov/Statutes/23A-46-8","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"a5904f94bea128fb693bb150cbee7b9b20933130ad9c27ec786373c52228a3e1","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-23a-46-7","next":"us-sd/sdcl-23a-46-9"},"notice":"GroundRules: Original legal text. Not legal advice."}