{"data":{"id":"us-sd/sdcl-23a-7-16","jurisdiction":"us-sd","citation":"SDCL § 23A-7-16","heading":"Guilty but mentally ill plea--Prerequisites to acceptance.","body":"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.\nSource: SL 1983, ch 174, § 6; SL 2016, ch 135, § 1.","path":["TITLE 23A. CRIMINAL PROCEDURE","CHAPTER 23A-7. ARRAIGNMENT AND PLEAS"],"source_url":"https://sdlegislature.gov/Statutes/23A-7-16","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"86f2b4c00f815a913e1d305cbb04388a4fc7c505b42f10170539265802ace02a","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-23a-7-15","next":"us-sd/sdcl-23a-8-1"},"notice":"GroundRules: Original legal text. Not legal advice."}