Section 23A-10A-6.1 - Burden and standard of proof. - South Dakota Statutes

23A-10A-6.1. Burden and standard of proof. If the defendant, state, or court asserts that a defendant is mentally incompetent to proceed, the state has the burden of proving the mental competence of the defendant by a preponderance of the evidence.

Source: SL 1984, ch 178; SL 1988, ch 190.