The bill amends Section 23A-10A-14 of South Dakota law regarding the civil commitment process for defendants found mentally incompetent. Key changes include the requirement that the director of the approved facility "must" issue a report to the circuit court after four months of evaluation, assessing the likelihood of the defendant becoming competent to proceed within the next year. The court is then mandated to hold a hearing based on this report. If the court determines there is a substantial probability of the defendant regaining competency within the year, it "must" order appropriate placement in a restoration to competency program, while also considering the defendant's danger to others.

Additionally, if the court finds no substantial probability of the defendant becoming competent within the year but believes there is potential for future competency, it "must" review the defendant's condition for appropriate placement. The bill also stipulates that if a year passes without a certificate of recovery, the director "must" notify the court, which is then required to order a hearing for further evaluation. In cases where the court finds no substantial probability of future competency, it "must" dismiss the criminal charges, and if any charges were felonies, the prosecutor "must" file for civil commitment proceedings.

Statutes affected:
Introduced, 01/15/2025: 23A-10A-14