S.D. Codified Laws § 23A-7-16

Current with legislation signed by the governor on or before 3/6/2024
Section 23A-7-16 - Guilty but mentally ill plea-Prerequisites to acceptance

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.

SDCL 23A-7-16

SL 1983, ch 174, § 6; SL 2016, ch 135, §1.
Amended by S.L. 2016, ch. 135,s. 1, eff. 7/1/2016.