South Dakota statute
SDCL § 23A-7-16 — Guilty but mentally ill plea--Prerequisites to acceptance
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 7: Arraignment And Pleas, South Dakota Codified Laws.
Full text of SDCL § 23A-7-16
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.
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.
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