Title 27B — DEVELOPMENTALLY DISABLED PERSONS
11 chapters · 136 sections in this title.
SDCL § 27B-10-1 Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Civil commitment authorized
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Any person with a felony sexual offense charge that has been dismissed pursuant to § 23A-10A-14 , due to a developmental disability as defined in § 27B-1-18 , is subject to civil commitment proceedings in accordance with this chapter. Source: SL 2023, ch 92 , § 1.
SDCL § 27B-10-10 Review hearing--Rights
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The person shall have the same rights and privileges during a review hearing as established under §
SDCL § 27B-10-11 Service provider director--Authority to discharge--Basis--Notice--Applicability
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The director of the South Dakota Developmental Center, or the director of any other developmental disability community service provider, as applicable, shall discharge any involuntarily committed person if the director determines that the person no longer meets the commitment cri…
SDCL § 27B-10-12 Assisting in escape--Violation
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The provisions of § 27B-7-49 apply to commitments under this chapter. Source: SL 2023, ch 92 , § 12.
SDCL § 27B-10-13 Rights--Person committed--Department
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Any other right, responsibility, or authority given to a person committed or the Department of Human Services under this title is applicable to a person committed under this chapter. Source: SL 2023, ch 92 , § 13.
SDCL § 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 …
SDCL § 27B-10-3 Petition to commit--Mental evaluation--Report--Additional examination and report permitted
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Within ten days of the filing of a petition for civil commitment pursuant to this chapter, the court shall appoint and order a licensed psychologist or psychiatrist to conduct a psychiatric or psychological evaluation of the person whose condition is the subject of the petition. …
SDCL § 27B-10-4 Evaluation report contents--Finding--Commitment hearing--Dismissal
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The court-ordered report required under § 27B-10-3 must contain: (1) Any report submitted to the court as part of a mental competency proceeding under chapter 23A-10A ; (2) An evaluation of the person's mental, physical, and emotional status, and a review of the person's social a…
SDCL § 27B-10-5 Commitment hearing--Rights--Limited attendance
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At a hearing ordered pursuant to § 27B-10-4 , the person whose condition is the subject of the hearing shall be represented by counsel and, if the person is financially unable to obtain adequate representation, the court must appoint counsel for the person. The person has the rig…
SDCL § 27B-10-6 Sheriff and witness fees
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In proceedings under this chapter, the sheriff is allowed the same fee as for like services in other cases. Any witness is allowed the same fees as a witness in other cases. Source: SL 2023, ch 92 , § 6.
SDCL § 27B-10-7 Commitment hearing--Civil procedure--Judicial authority
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The sections of title 15 relating to civil practice and procedure in the circuit courts shall apply to any hearing pursuant to this chapter. If not otherwise submitted during the hearing, the court may take judicial notice of any other case against the person whose condition is t…
SDCL § 27B-10-8 Commitment hearing--Court determinations--Order
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At a hearing ordered pursuant to § 27B-10-4 , the court shall determine whether there is clear and convincing evidence that: (1) The person committed one or more felony sexual offenses; (2) The person's developmental disability, having rendered the person incompetent to proceed u…
SDCL § 27B-10-9 Commitment order--Annual review--Report--Review hearing--Order
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The court shall review any commitment order entered pursuant to § 27B-10-8 and accompanying information at least annually to make a determination of the continued need and supporting justification for commitment. Prior to the annual review, but not less than thirty days prior to …