South Dakota Code § 27B-10-2

Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Petition to commit after dismissal
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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.

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