Title 27B — DEVELOPMENTALLY DISABLED PERSONS

Each county shall form a county review board which shall hear involuntary commitment hearings and review continued commitments of persons with developmental disabilities in accordance with §§ 27B-7-37 and

Before entering upon the duties of office, each member of a county review board shall take and subscribe an oath or affirmation to support the Constitution of the United States and the Constitution of this state and to discharge faithfully all official duties according to law. Th…

Any person serving as a member of a county review board, whose action regarding the applications or petitions for involuntary commitment or for the safekeeping otherwise of persons subject to involuntary commitment is taken in good faith, is immune from any civil liability that m…

The county review board has jurisdiction over all applications or petitions for involuntary commitment or for the safekeeping of persons subject to involuntary commitment within its county, except in cases otherwise specially provided for. The board chair may issue subpoenas and …

Any interested person may file with the chair of the county review board a verified petition which asserts that a person meets the criteria for board - ordered commitment as specified in §

If a petition filed pursuant to § 27B-7-27 appears on its face to be sufficient, the chair of the county review board shall order that a psychiatric or psychological evaluation be performed and a report of the findings and recommendations be completed. The board chair shall appoi…

The chair of the county review board shall give written notice of the petition to the Department of Human Services which shall prepare a report containing a review of the person's supports and service needs and a recommendation as to appropriate service locations. The reports sha…

If requested, information shall be disclosed: (1) Pursuant to orders or subpoenas of a court of record or subpoenas of the Legislature or chair of the county review board; (2) To a prosecuting or defense attorney or to a qualified developmental disabilities professional as necess…

The person has the right to obtain an additional examination paid for by the county that may be placed in evidence before the board, the reasonable expense of which shall be reimbursed to the county unless the person is indigent. A lien for the amount of these costs may be filed …

If the county review board finds that a person meets the criteria in § 27B-7-37 , the board shall enter a finding, based on the criteria in § 28-13-3 , of the county of residence of the person or a finding that the person is a nonresident of this state. Source: SL 2000, ch 131 , …

Within ten days of the auditor's receipt of the board's findings regarding the residence and summary of proofs thereon, the county in which the residence was found to be, other than the referring county, may request the committing county review board to reopen the hearing upon th…

Upon receipt of the request to reopen the commitment hearing, the county review board shall, as soon as practicable, afford the county determined to be the person's county of residence an opportunity to appear before the board, at a time and place set by the board and not more th…

The referring county shall pay any expenses incurred by the committing board in conducting any reopened hearing, subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the patient for the costs incurred in conducting …

If a person is found at an initial or reopened hearing not to be a resident of the state, the county review board shall forward to the attorney general a copy of its findings and a summary of the proofs upon which the findings are based. Source: SL 2002, ch 136 , § 7.

Within ten days of the attorney general's receipt of the committing board's findings regarding residence and summary of proofs thereon, the attorney general may request the committing county review board to reopen the hearing by mailing a request to the chair of the committing co…

Any county adversely interested or the attorney general may present evidence to establish the residence of the person at the reopened hearing. The board shall then determine, by a preponderance of evidence, whether the person is a resident of a particular county or whether the pa…

The referring county shall pay any expenses incurred by the committing board in conducting any reopened hearing, subject to reimbursement by the county ultimately proven to be the county of residence or if a nonresident of the state, by the State of South Dakota. Source: SL 2002,…

The county of residence shall refund with lawful interest thereon any expenses incurred by the attorney general on account of a person whose residence is in a county of this state. Source: SL 2002, ch 136 , § 11.

Upon receipt of a petition and reports as provided for in §§ 27B-7-27 , 27B-7-28 , and 27B-7-29 , the chair of the county review board shall: (1) Fix a date, time, and place for a hearing within ten days, excluding Saturdays, Sundays, and holidays, of the board's receipt of the r…

Hearings convened pursuant to this title shall be governed by the rules of evidence. Source: SL 2000, ch 131 , § 66; SL 2002, ch 136 , § 13.

The state's attorney of the county in which a county review board is meeting shall participate, either in person or by assistant, in hearings convened by the board under this chapter. Source: SL 2000, ch 131 , § 67.

The petition shall be dismissed by the chair of the county review board unless the evaluating psychiatrist or psychologist concludes, in writing, that the person meets the criteria for board - ordered commitment. If the county review board finds that a person does not meet the cr…

A county review board may order the involuntary commitment of a person if the review board finds by clear and convincing evidence supported by written findings of fact and conclusions of law that the person has a developmental disability, and that due to the development disabilit…

The county review board may issue a detention order and direct a law enforcement officer from the referring county or the county of residence to immediately take the person to a community service provider or facility recommended by the Department of Human Services, with the appro…

The county review board shall review the commitment order 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 the anniversary d…

The person has the right to appear personally at any hearing and testify, but may not be compelled to do so. The person has the right to subpoena and cross - examine witnesses and to present evidence. If the person chooses not to appear, the person's attorney shall state on the r…

A court reporter shall attend all hearings of the county review board and keep a stenographic record of all proceedings; or a record of all hearings shall be recorded by tape recorder or other sound reproducing equipment. If a tape recorder or other sound reproducing equipment is…

A person who has been committed may request a certified transcript or, if a tape recorder is utilized, a copy of the taped testimony of the hearing. To obtain a copy, the person shall pay for a transcript or copy of the tape recorded testimony or shall file an affidavit that the …

The Department of Human Services shall notify the chair of the county review board of the death of any person with a developmental disability committed by the review board. Source: SL 2000, ch 131 , § 72.

The person alleged to meet the criteria for board - ordered commitment shall be represented by counsel. Such representation is not subject to waiver, and the person is entitled: (1) To be present at the hearing; (2) To obtain a continuance in order to adequately prepare a case; (…

Counsel appointed for a person pursuant to this title shall be reasonably compensated for such services and for necessary expenses and costs incident to the proceedings in an amount to be fixed by the circuit court and in an amount approved by the chair of the county review board…

The referring county shall pay the costs of proceedings pursuant to this title, including costs for transportation and any incidental costs of the person with a developmental disability, subject to reimbursement by the county ultimately proven to be the county of residence or, if…

No person is incompetent to manage his or her affairs, to contract, to hold professional or occupational or vehicle operator's licenses, to marry and obtain a divorce, to register and vote, or to make a will solely by reason of a diagnosis of a developmental disability, or by rea…

A person may, within thirty days, appeal a final order of a county review board pursuant to any hearing or review conducted under this title. In the case of a minor, or a person for whom a guardian has been appointed, the right to appeal may be exercised on behalf of the person. …

Any person involuntarily committed by a county review board and any person confined or in any manner detained or restrained is entitled to the benefit of a writ of habeas corpus. If the court finds that the criteria in § 27B-7-37 are met, the court may authorize continued involun…

The secretary of the Department of Human Services may, pursuant to chapter 1-26 , adopt reasonable and necessary rules pertaining to involuntary commitment. Source: SL 2000, ch 131 , § 80.

Any state employee or any employee of an agency under contract to the State of South Dakota who knowingly and intentionally allows or assists in the escape or release of an involuntarily committed person from the South Dakota Developmental Center, through acts or omission, is gui…

Any person involuntarily committed shall be discharged if, in the opinion of the director of the community service provider or facility, the person no longer meets the commitment criteria. Source: SL 2002, ch 136 , § 24.

If a person is discharged in accordance with § 27B-7-50 , the county review board, which entered the order, shall be notified. The county review board shall provide the person transportation to the person's place of residence if the person so chooses within forty - eight hours of…

Any person involuntarily committed shall be discharged if the director of the South Dakota Developmental Center or the director of a developmental disability community service provider determines that the person no longer meets commitment criteria. The South Dakota Developmental …

If the county review board fails or neglects to provide transportation to the person so discharged, as provided in § 27B-7-50 , within forty - eight hours from the date of the order discharging the person and of the notice of the order, the responsible county is liable for and sh…