South Dakota statute
SDCL § 23A-10A-6.1 — Burden and standard of proof
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-6.1
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.
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.
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