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.
S.D. Codified Laws § 23A-27-45
Commitment--Finding--Provisional sentence
Applied in 2 court decisions — leading case State v. Pulfrey (1996)
Most recently applied in State v. Springer (November 2014)
Source: SL 1985, ch 192, § 22.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.