27B-10-2. Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Petition to commit after dismissal.The state's attorney prosecuting any felony sexual offense, which charge was dismissed pursuant to §23A-10A-14 due to a developmental disability as defined in §27B-1-18, may, within thirty days after the dismissal, file a petition for civil commitment of the person charged in the circuit court that dismissed the charge. The petition must allege the criteria for commitment, as set forth in §27B-10-8, and must include facts supporting the allegations. Source: SL 2023, ch 92, §2.
South Dakota Legal Code