Title 27A — MENTALLY ILL PERSONS

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 §

The sheriff shall be paid no per diem but only mileage as allowed by law. Source: SDC 1939, § 30.0113 as added by SL 1945, ch 126 ; SDCL, § 27-7-24; SL 1991, ch 220 , §§ 155, 156; SDCL, § 27A-9-25; SL 1997, ch 164 , § 3.

Source: SL 1975, ch 181 , § 92; SDCL § 27-7-19.2; SL 1991, ch 220 , § 159; SDCL § 27A-9-29; SL 1997, ch 164 , § 4; SL 2012, ch 149 , § 26.

The chairman or acting chairman of the board of mental illness shall sign and issue all notices, appointments, warrants, subpoenas, or other process required to be given or issued by the board, shall be responsible to conduct all meetings and hearings by the board and shall make …

Notwithstanding the provisions of § 27A-10-1 , petitions, applications, or documents made within this state in connection with proceedings under Title 27A are deemed to be made under oath or affirmation or verified by affidavit without notarization if the person signing the docum…

If a document is required to be signed pursuant to this chapter in order to be effective, an electronic document qualifies as a signed document: (1) Without the person's physical signature, if an entity has an electronic signature system that meets a minimum security standard of …

Notwithstanding § 27A-11A-1.2 , the board may determine that an entity's electronic signature system does not provide sufficient assurance of authenticity of signed documents or that an electronic signature system different from that described in § 27A-11A-1.2 provides sufficient…

An electronically transmitted facsimile of a document pursuant to this chapter may be filed with the board and received into evidence in the same manner and with the same effect as the original document. Source: SL 2012, ch 149 , § 30.

Nothing in the provisions of §§ 27A-11A-1.1 to 27A-11A-1.4 , inclusive, alters any statute, rule, standard, or practice for accepting documents for filing or admitting documents as evidence, except with respect to: (1) The manner of making written statements under oath or affirma…

If the person is receiving treatment, the qualified mental health professional shall take all reasonable precautions to ensure that at the time of the hearing the person is not so under the influences of, or so affected by drugs, medication, or other treatment or interventions as…

The person may appear personally at any hearing and testify on his own behalf, but may not be compelled to do so. He has the right to subpoena and cross - examine witnesses and to present evidence. If the person chooses not to appear, his attorney shall state on the record that t…

Counsel appointed by the board or a court to represent a person shall be paid by the county of residence. The counsel shall be reasonably compensated for such services and for necessary expenses and costs incident to the proceedings at the rate fixed by the circuit court and in a…

If the board of mental illness finds that a person meets the criteria in § 27A-10-9.1 , the board shall enter a finding, based on the criteria in § 28-13-3 , regarding the county of residence of the person or a finding that the person is not a resident of this state. Source: SL 1…

If a person is found at an initial or reopened hearing not to be a resident of the state, the board of mental illness 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 1986, ch 227 , § 4; SL 1991…

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 board of mental illness to reopen the hearing by mailing a request to the chairman of the commit…

Expenses incurred by the attorney general on account of a person whose residence is in a county of this state shall be refunded with lawful interest thereon by the county of residence. Source: SL 1986, ch 227 , § 7; SL 1991, ch 220 , § 153; SDCL Supp, § 27A-9-18.5.

If a person is found by the county board of mental illness to meet the criteria in § 27A-10-9.1 , the chair of the board of the county in which such person is so adjudged shall notify the administrator, or facility director, or if the person is not committed to an inpatient psych…

No person who is under an order of involuntary commitment may be transferred to a more restrictive treatment facility without, prior to the transfer, a hearing before the board of mental illness which committed the person. A petition for transfer shall be filed with the chair of …

A court reporter shall attend all hearings of the county board of mental illness 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 e…

The chairman of the county board of mental illness may appoint someone, other than a relative of the patient, to convey the patient to the center or facility, but in no instance may a person convey persons of the opposite sex and no per diem or other compensation other than expen…

If the person ordered to undergo a program of treatment does not comply with the order, the board of mental illness shall conduct a hearing for the sole purpose of determining compliance or noncompliance, and if noncompliance is determined, the board may modify its original order…

If at any time while a person is under an order of commitment it comes to the attention of the board of mental illness that the program of treatment has not been successful, the board shall conduct a hearing within five days, within six days if there is a Saturday, Sunday, or hol…

The compensation, fees, and expenses in any commitment proceeding shall be allowed and paid out of a fund designated for that purpose in the county treasury in the usual manner, if there is a sufficient amount in such fund to pay the same, and if not, it may be paid out of the ge…

The rules of evidence shall be followed at all hearings and reviews held pursuant to this title. Source: SL 1991, ch 220 , § 161.

An attorney appointed under the provisions of this chapter shall advocate the legal rights of the person and otherwise fully represent him. The attorney shall not act as a guardian ad litem. Source: SL 1991, ch 220 , § 163.

The findings, order, or judgment of a board of mental illness may not affect any guardianship proceeding instituted before or after such findings, order, or judgment by any court having jurisdiction in such cases, excepting that the provisions of this title shall control the cust…

Hearings and reviews provided by this title shall be conducted in a courtroom of the county courthouse or such other place within the designated county as the chairman of the county board may designate with due regard to the rights, safety, and comfort of the person. Source: SL 1…

The chairman or acting chairman of the board of mental illness shall cause to be filed in the office of the clerk of courts all papers and any other records of proceedings connected with any inquest of the board, and properly belonging to his office with all notices, reports, and…

In any proceeding for involuntary commitment, review, or detention, or in any proceeding challenging commitment or detention, the state's attorney for the county in which the proceeding is held shall represent the petitioner and shall defend all challenges to commitment or detent…

Copies of the petition and notice of hearing shall be personally served forthwith on the person prior to the hearing by the sheriff, or a constable, or an elector of any state not a party to the action that is specifically designated by the board. The notice of hearing shall incl…

The sheriff shall be allowed the same fee as for like services in other cases. The witnesses shall be allowed the same fees as the witnesses in the circuit court. Source: SDC 1939, § 30.0120; SL 1951, ch 155 ; SL 1959, ch 174 , § 1; SL 1961, ch 154 ; SL 1963, ch 202 ; SDCL, § 27-…

If upon the completion of the evaluation required in § 27A-10-6 it is determined that a hearing shall be held and the alleged mentally ill person has not or cannot employ his own counsel, the chairman of the board of mental illness where the hearing is to be held shall immediatel…

If a hearing is held on a petition for involuntary commitment, correct answers to the following interrogatories, so far as they can be obtained, shall accompany the report of the qualified mental health professional's initial examination, which shall be provided to the person's a…

The referring county shall pay any expenses of the evaluation required in §§ 27A-10-6 and 27A-15-17.1 , subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the person for the costs incurred in completing the evalua…

[Repealed or reserved.]

Each person has the right to a humane environment that affords appropriate individual privacy, individual dignity and reasonable protection from harm. These rights shall be respected at all times and upon all occasions, including any occasion when the person is taken into custody…

For the purpose of this chapter, the term "person" means any individual subject to the authority of this title, either on a voluntary or involuntary basis. Source: SL 1991, ch 220 , § 167.

Notwithstanding any other provision of law, no person may be deemed incompetent to manage his affairs, to contract, to hold professional, occupational, or other licenses, to marry and obtain a divorce, to register and vote, to make a will, or to exercise any other rights or privi…

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

A complete statistical and medical record shall be kept current for each person receiving mental health services, or being otherwise detained under this title. The record shall include information pertinent to the services provided to the person, pertinent to the legal status of …

Any information acquired by a peace officer pursuant to his authority under this title regarding any person subject to any proceedings under this title shall not be open to public inspection, and any records regarding such person shall be sealed upon the termination of proceeding…

Information in the record of a person, and other information acquired in the course of providing mental health services to a person, shall be kept confidential and are not open to public inspection. The information may be disclosed outside the center, department, mental health pr…

A person has the right to access, upon request, to his mental health records. However, the person may be refused access to: (1) Information in such records provided by a third party under assurance that such information remain confidential; and (2) Specific material in such recor…

If requested, information shall be disclosed: (1) Pursuant to an order or subpoena of a board of mental illness or a court of record or a subpoena of the Legislature; (2) To a prosecuting or defense attorney or to a qualified mental health professional as necessary for the attorn…

If a request for notice is made pursuant to subdivision 27A-12-27(7), the request shall: (1) Be made in writing and served upon an inpatient facility, either by personal service or electronic facsimile with oral notice of the facsimile given by telephone, before the discharge; (2…

If a person is subject to a petition for involuntary commitment under this title, the inpatient facility may detain that person in the facility for a period of time not to exceed four hours after the time set for discharge, if necessary for a law enforcement official or agency to…

The detention of a person in good faith and not in excess of the period of time specified in § 27A-12-27.2 may not render any law enforcement official, agency, institution, board, court, physician, inpatient facility, or staff detaining the person liable in any criminal or civil …