The state's attorney prosecuting any felony sexual offense, which charge was dismissed pursuant to § 23A-10A-14 due to a developmental disability as defined in § 27B-1-18, may, within thirty days after the dismissal, file a petition for civil commitment of the person charged in the circuit court that dismissed the charge. The petition must allege the criteria for commitment, as set forth in § 27B-10-8, and must include facts supporting the allegations.
S.D. Codified Laws § 27B-10-2
Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Petition to commit after dismissal
Source: SL 2023, ch 92, § 2.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.