§ 23a-25-13

23A-25-13. Guilty but mentally ill verdict--Forms furnished--Instructions.If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of 'guilty but mentally ill' for each offense. The court shall instruct the jury that a special verdict of 'guilty but mentally ill' may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense. Source: SL 1983, ch 174, §13; SL 1988, ch 191.