23A-7-16. Guilty but mentally ill plea--Prerequisites to acceptance.
93 words·~1 min read·
/sd/title-23/chapter-23-7/23a-7-16A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.