About Competency Evaluations
South Dakota Codified Law does not allow a person to be tried, sentenced or punished while they are mentally incompetent to proceed. If there is reasonable cause presented by the defense, the prosecution or the Courts, an evaluation can be ordered to ensure that a defendant is able to understand the nature and consequences of the court proceedings and to assist properly in their defense.
A competency evaluation is a court-ordered mental health assessment to determine the ability of the defendant to understand the nature and consequences of the court proceedings (SDCL 23A-10A). Competency evaluations must be completed by a licensed or certified psychiatrist or licensed clinical psychologist. SDCL 23A-46-1).
The defendant, judge or lawyer can request an evaluation whenever there are questions about a defendant’s mental state.
Find a Competency Evaluator Become a Competency Evaluator
The South Dakota Human Services Center provides competency restoration services to individuals who are admitted under SDCL 23A-10A-4. An interdisciplinary team works to provide individual and group therapy, treatment planning and assessing the individual’s readiness for a competency evaluation. Learn more about competency restoration services.