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South Dakota Association of County Commissioners

Court-Ordered Competency Evaluation Fund (CEF)

The CEF Fund was established pursuant to House Bill 1183 passed by the 2017 Legislative Session. The purpose of the Fund is to help off-set county expenses for court-ordered mental health evaluations pursuant to SDCL § 23A-10A-3 for the purpose of determining a defendant’s ability to understand the nature and consequences of a proceeding against the defendant or for such defendant to assist properly in the defendant’s defense. This fund is administered by the SDACC and funded by the State of South Dakota. 

Reimbursement from the Fund is contingent upon the county utilizing an “Authorized Evaluator.” An Authorized Evaluator means a medical professional with the qualifications set forth in the SDCL § 23A-46-1 and included on the list of evaluators maintained by the Department of Social Services.

Payments to counties from the Fund will be based upon on a six (6) month funding periods, one from April 1st of each year to October 31st, and one from November 1st to March 31st.