S.D. Codified Laws § 23A-10A-6.1

Current with legislation signed by the governor on or before 3/6/2024

Section 23A-10A-6.1 - Burden and standard of proof

If the defendant, state, or court asserts that a defendant is mentally incompetent to proceed, the state has the burden of proving the mental competence of the defendant by a preponderance of the evidence.

SDCL 23A-10A-6.1

SL 1984, ch 178; SL 1988, ch 190.