South Dakota § 23A-46-8 - Notice that release of hospitalized person would create substantial risk--Stay of release.
Full text of South Dakota South Dakota Codified Laws § 23A-46-8 — Notice that release of hospitalized person would create substantial risk--Stay of release., with citation guidance and answers to common questions.
§ 23A-46-8. Notice that release of hospitalized person would create substantial risk--Stay of release.
If the director of a facility in which a person is hospitalized certifies that a person whose sentence is about to expire or who has been committed to the custody of the Human Services Center pursuant to § 23A-10A-4, or against whom all criminal charges have been dismissed solely for the reasons related to the mental condition of the person, is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, he shall transmit a certificate to that effect to the clerk of the court which had jurisdiction over the person. The clerk shall send a copy of the certificate to the person's counsel and to the prosecuting attorney. The court shall order a hearing to determine whether the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another. A certificate filed under this section shall stay the release of the person pending completion of the procedures contained in §§ 23A-46-9 to 23A-46-13, inclusive.
Source: SL 1985, ch 192, § 24.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-46-8
What does South Dakota Codified Laws § 23A-46-8 cover?
Section 23A-46-8 ("Notice that release of hospitalized person would create substantial risk--Stay of release.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 23A-46-8?
A common citation format is "South Dakota Codified Laws § 23A-46-8" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 23A-46-8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.