23A-27-43. Mental examination and report before hearing.
107 words·~1 min read·
/sd/title-23/chapter-23-27/23a-27-43·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court pursuant to §§ 23A-46-1 and 23A-46-2 . If the report includes an opinion by the examiner that the defendant is presently suffering from a mental disease or defect but that it is not such as to require his custody for care or treatment in a suitable facility, then the report shall also include an opinion by the examiner concerning the sentencing alternatives that best accord the defendant the kind of treatment he does need.