South Dakota § 27B-10-4 - Evaluation report contents--Finding--Commitment hearing--Dismissal.

§ 27B-10-4. Evaluation report contents--Finding--Commitment hearing--Dismissal.

The court-ordered report required under § 27B-10-3 must contain:

(1)    Any report submitted to the court as part of a mental competency proceeding under chapter 23A-10A;

(2)    An evaluation of the person's mental, physical, and emotional status, and a review of the person's social and educational history;

(3)    Any other information the examiner believes to be relevant;

(4)    Whether the person's developmental disability, having rendered the person incompetent to proceed under chapter 23A-10A, makes it:

(a)    Seriously difficult for the person to control their behavior;

(b)    Likely that the person will commit other sexual offenses; and

(c)    Necessary or advisable for the person to receive appropriate supports or services, or the person needs and is likely to benefit from treatment; and

(5)    Whether the person is a danger to themselves or others due to the developmental disability that rendered the person incompetent to proceed under chapter 23A-10A.

If any report submitted to the court indicates that the person has serious difficulty controlling their behavior and is likely to commit other sexual offenses, the court must hold a hearing to determine whether the person is to be involuntarily committed. If no report submitted to the court indicates that the person has serious difficulty controlling their behavior and is likely to commit other sexual offenses, the petition must be dismissed.

Source: SL 2023, ch 92, § 4.