South Dakota statute
SDCL § 23A-27-45 — Commitment--Finding--Provisional sentence
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 27: Sentence And Judgment, South Dakota Codified Laws.
Full text of SDCL § 23A-27-45
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, after hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect and that he should, in lieu of being sentenced to imprisonment, be committed to a suitable facility for care or treatment, the court shall commit the defendant to the custody of the Human Services Center. The Human Services Center shall hospitalize the defendant for care or treatment. Such a commitment constitutes a provisional sentence of imprisonment to the maximum term authorized by law for the offense for which the defendant was found guilty.
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