22 chapters · 335 sections in this title.
SDCL § 24-11B-1 Prisoner involuntary feeding or hydration--Determination of severe harm--Exceptions
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The supervisor of a jail, as defined in § 24-11-1 , or a prison warden may attempt to prevent a prisoner from causing severe harm or death to himself or herself by refusing sufficient nutrition or hydration. A prisoner may be involuntarily fed or hydrated if it is determined, pur…
SDCL § 24-11B-2 Hearing before panel--Panel members--Prisoner rights
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Prior to involuntary feeding or hydration, the prisoner shall receive a hearing before a panel consisting of two medical representatives and a representative of the jail or prison. The medical representatives shall be a physician, physician assistant, or certified nurse practitio…
SDCL § 24-11B-3 Duties and powers of hearing panel
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The hearing panel: (1) Shall engage in a confidential review of the prisoner's medical records; (2) Shall receive a description of the proposed course of treatment for the involuntary feeding or hydration of the prisoner and testimony of the circumstances of the situation from th…
SDCL § 24-11B-4 Order upon majority vote of panel--Written decision--Appeals
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The panel may order involuntary feeding or hydration by a majority vote. The panel shall provide its decision in writing to the attending physician, the supervisor of the jail or prison warden, and the prisoner. The prisoner may appeal an adverse decision of the panel to the supe…
SDCL § 24-11B-5 Emergency involuntary feeding or hydration without panel review--Limitation
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In an emergency, involuntary feeding or hydration of a prisoner may be administered without panel review for up to three days if two medical representatives who are a physician, physician assistant, or certified nurse practitioner order the treatment. Involuntary feeding for a gr…
SDCL § 24-11B-6 Continuation of feeding or hydration--Determination by physician
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If involuntary feeding or hydration of a prisoner exceeds ten days, a physician who is not the attending physician shall review the prisoner's current case and at subsequent intervals not to exceed three days, make a written determination whether the involuntary feeding or hydrat…
SDCL § 24-11B-7 Records--Content
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A jail or prison shall maintain records of any involuntary feeding or hydration of prisoners. The records shall include any available medical history of a prisoner's prior refusal of adequate nutrition or hydration, current and prior illnesses, and may include such other informat…
SDCL § 24-11B-8 Liability for involuntary feeding or hydration of prisoner
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No person who serves on the hearing panel, who is the attending physician, who is the supervisor of the jail or prison warden, or who orders or participates in the involuntarily feeding or hydrating of a prisoner may be held civilly or criminally liable for the involuntarily feed…