This bill amends the existing law regarding civil commitment following a determination of mental incompetency in South Dakota. It specifies that after four months of evaluation, if a defendant has not been certified as competent, the director of the approved facility must issue a report to the circuit court assessing the likelihood of the defendant becoming competent within the next year. The court is then required to hold a hearing based on this report to determine the appropriate course of action, which may include placing the defendant in a restoration to competency program, committing them to an approved facility, or allowing outpatient status if they are not deemed a danger to others.

Additionally, the bill mandates that if a year passes without a certificate of recovery, the director must notify the court, which must then order a hearing to reassess the defendant's condition. If the court finds no substantial probability of the defendant becoming competent in the foreseeable future, it must dismiss the charges. However, if any charges were felonies, the prosecutor is required to file for civil commitment proceedings. The amendments emphasize the necessity of timely evaluations and decisions regarding the defendant's mental health status and potential for recovery.

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