Title 27A — MENTALLY ILL PERSONS
17 chapters · 296 sections in this title.
Petition asserting need for immediate intervention of mentally ill person--Contents
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If any person is alleged to be severely mentally ill and in such condition that immediate intervention is necessary for the protection from physical harm to self or others, any person, eighteen years of age or older, may complete a petition stating the factual basis for concludin…
SDCL § 27A-10-1.1 Center as appropriate regional facility in certain circumstances
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If a competent person agrees to receive treatment at the Human Services Center and the treatment is arranged with the center but upon arrival the person does not consent to admission or if a person agrees to accept treatment at the center and the treatment is arranged but upon ar…
SDCL § 27A-10-1.2 Appropriate regional facility--Application for Designation by Department of Social Services--Requirements
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For purposes of admitting a person who is apprehended under § 27A-10-2 or 27A-10-3 , the Department of Social Services shall designate any facility as an appropriate regional facility if the facility is approved by the department in accordance with this section. Any facility may …
SDCL § 27A-10-14 Review hearing after involuntary commitment order--Notice--Rights and procedures
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Within ninety days after the involuntary commitment of a person who is still under the commitment order, the county board of mental illness which serves the county in which the person is receiving treatment shall conduct a review hearing in the county to determine if the person c…
SDCL § 27A-10-16 Emergency apprehension--Evaluation by designated mental health professional
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Upon being informed of the emergency apprehension of an individual under the provisions of this chapter, the chairman of the county board of mental illness with jurisdiction over the person shall notify the community mental health center serving the area in which the board of men…
SDCL § 27A-10-17 Prehearing admission and commitment denied if medical condition exceeds center's capacity
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The center may refuse the prehearing admission and commitment of a person under this chapter who has a medical condition which exceeds the capacity of the center. Source: SL 1995, ch 158 , § 2.
SDCL § 27A-10-18 Refusal of admission and commitment when medical condition exceeds center's capacity
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The center may refuse the admission and commitment of a person under this chapter who has a medical condition which exceeds the capacity of the center. Source: SL 1995, ch 158 , § 3.
SDCL § 27A-10-19 Twenty-four-hour hold permitted--Notice to county board
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If any person presents to a facility licensed by the state as a hospital or designated as an appropriate regional facility, other than the Human Services Center, and after an examination by a qualified mental health professional it is determined that the person is severely mental…
SDCL § 27A-10-2 Order for apprehension of subject--Transportation to appropriate facility--Payment of expenses
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After examination of a petition filed under § 27A-10-1 , the chair of the county board of mental illness may order the apprehension and transportation by a law enforcement officer or other designee of any person whom the chair has probable cause to believe meets the criteria in §…
SDCL § 27A-10-20 Definition of terms related to crisis referral and placement
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Terms used in this section and §§ 27A-10-21 to 27A-10-23 , inclusive, mean: (1) "Crisis intervention team certified law enforcement officer," any law enforcement officer who has undergone a comprehensive training program in crisis intervention techniques involving any person who …
SDCL § 27A-10-21 Referral to mobile crisis team or crisis intervention team certified law enforcement officer--Voluntary resolution or placement
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If any law enforcement officer or qualified mental health professional in a clinic or hospital has probable cause to believe that a person requires emergency nonmedical intervention pursuant to § 27A-10-1 , as an alternative to a petition for commitment pursuant to chapter 27A-10…
SDCL § 27A-10-22 Discretion of law enforcement officer to arrest--Priority given to placement
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The provisions of § 27A-10-21 do not limit the law enforcement officer's discretion in arresting a person for a criminal offense. However, the law enforcement officer shall give priority to placing a severely mentally ill person who has also committed a misdemeanor offense in a m…
SDCL § 27A-10-23 Immunity from liability--Mobile crisis referral--Exception
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Any law enforcement officer or authority, any qualified mental health professional in a clinic, hospital, or appropriate regional facility, or any clinic or hospital who in good faith transferred direct supervision of a person or direct engagement with a person to a mobile crisis…
SDCL § 27A-10-24 Report to attorney general of certain names for reporting to National Instant Criminal Background Check System
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If the board of mental illness orders an involuntary commitment based on a finding pursuant to § 27A-10-9.1 that the person is a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the chair of the board shall report …
SDCL § 27A-10-3 SDCL 27A-10-3
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The immunity from civil liability under this section does not apply if a resulting injury was due to willful or wanton misconduct. Source: SL 2012, ch 149 , § 23. 27A-10-10 to 27A-10-13. Repealed by SL 1991, ch 220 , §§ 122 to 125
SDCL § 27A-10-4 Petition on person apprehended
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After a law enforcement officer or other designee transports an apprehended person to an appropriate regional facility pursuant to § 27A-10-3 , the law enforcement officer, a physician, or other person with personal knowledge of the relevant facts shall complete a petition as pro…
SDCL § 27A-10-5 Notification of rights upon custody, detention, or filing of petition--Notice to county board where person apprehended
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Immediately after a person is taken into custody pursuant to § 27A-10-2 or 27A-10-3 , a hold is initiated pursuant to § 27A-8-10.1 or 27A-10-19 , or a petition is filed pursuant to § 27A-8-11.2 , the person shall be notified both orally and in writing of the following: (1) The ri…
SDCL § 27A-10-7 Results of examination--Person released upon failure of examination to meet criteria--Continued detention if criteria met
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If the examination required in § 27A-10-6 does not support a finding that the person meets the criteria for involuntary commitment in § 27A-1-2 , the person shall be released. Following such release, the referring county shall provide the person with transportation to the county …
SDCL § 27A-10-7.1 Chairman to make final determination where person voluntarily admits himself
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If the person is willing to admit himself to an inpatient psychiatric facility or other treatment program on a voluntary basis and the admission is deemed suitable by the facility or program, the chairman of the county board to whom the petition was filed shall be notified and sh…
SDCL § 27A-10-7.2 Refusal of prehearing admission
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The center may refuse prehearing admission to a person under this chapter unless the examination report and determination required in §§ 27A-10-6 and 27A-10-7 have been accomplished. Source: SL 1991, ch 220 , § 118.
SDCL § 27A-10-9 Testimony of qualified mental health professional--Availability and appropriateness of alternatives
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The board of mental illness conducting the involuntary commitment hearing as provided in § 27A-10-8 shall order testimony by a qualified mental health professional, other than the professional who submitted the petition under § 27A-10-1 or initiated the hold under § 27A-10-1 9, w…
SDCL § 27A-10-9.2 Medical treatment for mental illness or treatment of co-occurring substance use disorder
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If findings are made pursuant to § 27A-10-9.1 and an involuntary commitment is ordered, then the board may, at the same hearing or at a subsequent hearing, consider any petitions for: (1) The authority to administer psychotropic medication, electroconvulsive treatment, and such o…
SDCL § 27A-10-9.3 Least restrictive treatment alternative
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Any such treatment or commitment order pursuant to §§ 27A-10-9.1 and 27A-10-9.2 shall be to the least restrictive treatment alternative. The procedure for the board's consideration of these petitions concurrent with the § 27A-10-8 hearing shall be governed by chapter 27A-11A , wh…
SDCL § 27A-10-9.4 Failure to comply with requirements of outpatient commitment or treatment order
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If a person fails to comply with the requirements specified in an outpatient commitment order or a treatment order, and the person's treating physician or staff of the specified outpatient treatment program believes that the person's current condition is likely to deteriorate unt…
SDCL § 27A-10-9.5 Transportation by law enforcement--Limit upon detention and nonconsensual medication
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The outpatient commitment order or treatment order constitutes a continuing authorization for law enforcement, upon request of the program director or the person's treating physician, to transport the person to the designated outpatient treatment program or to the treating physic…
SDCL § 27A-10-9.6 Failure to comply with outpatient commitment or treatment order--Supplemental hearing--Alternative disposition
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If a person fails to comply with the requirement of the outpatient commitment or treatment order, and the person's treating physician or the staff of the outpatient treatment program believes that there is a significant risk of deterioration in the person's condition, the program…
SDCL § 27A-10-9.7 Detention by law enforcement officer for emergency intervention--Immunity from civil liability
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Nothing provided in §§ 27A-10-9.4 to 27A-10-9.6 , inclusive, limits the authority of any law enforcement officer to detain a patient pursuant to the emergency authority conferred by §