| 1 | 1 | | 25.79.11 100th Legislative Session 1060 |
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| 4 | 4 | | 2025 South Dakota Legislature |
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| 5 | 5 | | House Bill 1060 |
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| 12 | 12 | | Introduced by: Representative Mulder |
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| 14 | 14 | | Underscores indicate new language. |
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| 15 | 15 | | Overstrikes indicate deleted language. |
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| 16 | 16 | | An Act to revise a provision related to civil commitment following a determination 1 |
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| 17 | 17 | | of mental incompetency. 2 |
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| 18 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
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| 19 | 19 | | Section 1. That § 23A-10A-14 be AMENDED: 4 |
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| 20 | 20 | | 23A-10A-14. After four months of evaluation, pursuant to § 23A-10A-4, if the 5 |
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| 21 | 21 | | facility has not certified that the defendant is competent to proceed, pursuant to § 23A-6 |
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| 22 | 22 | | 10A-4.1, the director of the approved facility shall must issue a report to the circuit court 7 |
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| 23 | 23 | | evaluating whether there is a substantial probability that the defendant will become 8 |
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| 24 | 24 | | competent to proceed and whether there is a substantial probability that it will occur within 9 |
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| 25 | 25 | | the next year. After receipt of that report by the circuit court, the court shall set a time 10 |
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| 26 | 26 | | for hearing to determine whether there is a substantial probability that the defendant will 11 |
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| 27 | 27 | | become competent to proceed and whether there is a substantial probability that it will 12 |
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| 28 | 28 | | occur within the next year. 13 |
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| 29 | 29 | | If the court finds there is a substantial probability that the defendant will become 14 |
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| 30 | 30 | | competent to proceed within the next year, the court shall must order the defendant to 15 |
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| 31 | 31 | | be placed in a restoration to competency program under the direction of an approved 16 |
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| 32 | 32 | | facility, committed to an approved facility, or placed on outpatient status for restoration 17 |
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| 33 | 33 | | to competency if the defendant is not considered to be a danger to the health and safety 18 |
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| 34 | 34 | | of others for an additional specified period of time, not to exceed one year, or until the 19 |
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| 35 | 35 | | director of the facility issues a certificate of recovery pursuant to § 23A-10A-4.1. 20 |
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| 36 | 36 | | If the court finds there is no substantial probability that the defendant will become 21 |
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| 37 | 37 | | competent to proceed within one year but there is a substantial probability that the 22 |
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| 38 | 38 | | defendant will become competent in the foreseeable future, the court shall must review 23 |
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| 39 | 39 | | the defendant's condition to determine appropriate placement and order the defendant to 24 |
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| 40 | 40 | | be placed in a restoration to competency program under the direction of an approved 25 |
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| 41 | 41 | | facility, committed to an approved facility, or to be placed on outpatient status for 26 25.79.11 2 1060 |
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| 42 | 42 | | Underscores indicate new language. |
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| 43 | 43 | | Overstrikes indicate deleted language. |
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| 44 | 44 | | restoration to competency if the defendant is not considered to be a danger to the health 1 |
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| 45 | 45 | | and safety of others, for a term consistent with § 23A-10A-15. 2 |
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| 46 | 46 | | If the one year provided for in this section has run without a certificate of recovery 3 |
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| 47 | 47 | | being issued, the director of the approved facility shall must notify the court that one year 4 |
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| 48 | 48 | | has expired since the order of detention, and the court shall must order a hearing to 5 |
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| 49 | 49 | | review the defendant's condition to determine appropriate placement and order the 6 |
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| 50 | 50 | | defendant's placement in a restoration to competency program under the direction of an 7 |
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| 51 | 51 | | approved facility, commitment to an approved facility, or placement on outpatient status 8 |
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| 52 | 52 | | for restoration to competency if the defendant is not considered to be a danger to the 9 |
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| 53 | 53 | | health and safety of others, for a term consistent with § 23A-10A-15. 10 |
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| 54 | 54 | | If Except as otherwise provided in chapter 27B-10, if the court finds that there is 11 |
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| 55 | 55 | | no substantial probability that the defendant will become competent to proceed in the 12 |
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| 56 | 56 | | foreseeable future, the court shall must dismiss the criminal charges against the 13 |
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| 57 | 57 | | defendant. If the director of the facility determines there is probable cause to believe that 14 |
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| 58 | 58 | | the defendant is a danger to self or others if the defendant is released, the director shall 15 |
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| 59 | 59 | | include the basis for that determination in the report and may recommend that After 16 |
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| 60 | 60 | | dismissal, if any of the charges were a felony, the prosecutor must file a petition for civil 17 |
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| 61 | 61 | | commitment proceedings. 18 |
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