23A-7-16. Guilty but mentally ill plea--Prerequisites to acceptance.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. Source: SL 1983, ch 174, §6; SL 2016, ch 135, §1.
South Dakota Legal Code