South Dakota statute
SDCL § 23A-10A-1 — Definition of mental incompetency
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 10A: Inquiry Into Defendant'S Mental Competency To Proceed, South Dakota Codified Laws.
Full text of SDCL § 23A-10A-1
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
The term, "mentally incompetent to proceed," as used in this chapter, means the condition of a person who is suffering from a mental disease, developmental disability, as defined in § 27B-1-18, or psychological, physiological, or etiological condition rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.
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