23A-46-1. Conduct of psychiatric or psychological examination--Appointment of examiners--Additional examiners--Commitment for examination.A psychiatric or psychological examination ordered pursuant to this chapter, §§23A-10A-3 to 23A-10A-4.2, inclusive, 23A-26-12 to 23A-26-12.6, inclusive, or 23A-27-42 to 23A-27-46, inclusive, shall be conducted by:(1)A licensed or certified psychiatrist;(2)A licensed clinical psychologist;(3)A certified social worker licensed for private independent practice with two years of supervised clinical experience in a mental health setting and with training on how to conduct and score competency evaluations;(4)A certified nurse practitioner or clinical nurse specialist with current psychiatric certification and with training on how to conduct and score competency evaluations;(5)A licensed professional counselor-mental health with training on how to conduct and score competency evaluations; or(6)If the court finds it appropriate, by more than one examiner.Each examiner shall be designated by the court, except that if the examination is ordered under §23A-27-43 or 23A-46-9, upon the request of the defendant an additional examiner may be selected by the Each examiner shall be designated by the court, except that if the examination is ordered under §23A-27-43 or 23A-46-9, upon the request of the defendant an additional examiner may be selected by the defendant. For the purposes of an examination pursuant to an order under §23A-10-4, 23A-10A-3, 23A-26-12.1, 23A-27-43, or 23A-46-9, the court may commit the person to be examined for a reasonable period to the custody of a suitable facility. Source: SL 1985, ch 192, §30; SL 2017, ch 109, §18.
South Dakota Legal Code