S.D. Codified Laws § 26-7A-32.6

Current through the 2024 Legislative Session

Section 26-7A-32.6 - Examiner's report

The provisions of this section govern criteria for the examiner's report in order to assist the court's determination of competency. The examiner's report shall address the juvenile's capacity and ability to:

(1) Understand the allegations of the petition;

(2) Understand the nature of the adversarial process including:

(a) A factual understanding of the participants in the juvenile's proceeding, including the judge, juvenile's counsel, attorney for the state, and mental health expert; and

(b) A rational understanding of the role of each participant in the juvenile's proceeding;

(3) Understand the range of possible dispositions that may be imposed in the proceedings against the juvenile;

(4) Disclose to counsel facts pertinent to the proceedings at issue and to assist in the juvenile's defense;

(5) Testify at proceedings; and

(6) Demonstrate any other capacity or ability either separately sought by the court or determined by the examiner to be relevant to the court's determination.

In assessing the juvenile's competency, the examiner shall compare the juvenile being examined to juvenile norms for a juvenile of a similar age and the juvenile's level of developmental skills. The examiner shall also determine and report whether the juvenile suffers from a mental illness or developmental disability as defined in § 26-7A-32.1. The examiner's report shall state an opinion whether there exists a substantial probability that the deficiencies related to competence identified in the report, if any, can be ameliorated or will continue to exist in the foreseeable future.

If the examiner determines that the juvenile suffers from a mental illness, the examiner shall provide the following information:

(1) The prognosis for recovery from the mental illness; and

(2) Whether the juvenile is taking any medication and, if so, what medication.

SDCL 26-7A-32.6

SL 2013, ch 121, §6.