Title 27B — DEVELOPMENTALLY DISABLED PERSONS

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…

Unless modified by court order, a person with a developmental disability has the same legal rights and responsibilities guaranteed to all other persons under the federal and state constitutions and federal and state laws . Source: SL 2000, ch 131 , § 81.

No person with a developmental disability may be required to perform any act or is subject to any procedure which is contrary to the person's religious beliefs, and each person has the right to practice personal religious beliefs and to be accorded the opportunity for religious w…

Any person with a developmental disability has the right to receive publicly supported educational services in accordance with federal and state education laws. Source: SL 2000, ch 131 , § 83.

Any person with a developmental disability has the right to access to appropriate dental and medical care and treatment for any physical ailments and for the prevention of illness or disability. Source: SL 2000, ch 131 , § 84.

Surgery and any other medical procedures may be performed without consent or court order only if the life of the person with a developmental disability is threatened and there is not time to obtain consent or a court order. Documentation of the necessity for the surgery shall be …

No person with a developmental disability is subject to any experimental research or hazardous treatment procedures without the consent of: (1) The person with a developmental disability, if eighteen years of age or over and capable of giving informed consent. If any person's cap…

The receipt of services and supports pursuant to this chapter does not operate to deprive any person with a developmental disability of any other rights, benefits, or privileges, does not cause the person with a developmental disability to be declared legally incompetent, and may…

No agency, community service provider, facility, or school may retaliate against any staff who reports in good faith suspected abuse, neglect, or exploitation, or against any person with a developmental disability with respect to any report. An alleged perpetrator cannot self - r…

Any person who knowingly engages in conduct with the intent to deprive persons with developmental disabilities of any right as set forth in this title is guilty of a Class 1 misdemeanor. Source: SL 2000, ch 131 , § 89.

Any person with a developmental disability receiving services has the right to: (1) Communicate freely and privately with others of the person's own choosing; (2) Receive and send sealed, unopened correspondence. No person's incoming or outgoing correspondence shall be opened, de…

All records kept pursuant to this chapter are confidential and not open to public inspection. The information may be disclosed only in the circumstances and under the conditions set forth in §§ 27B-8-47 to 27B-8-49 , inclusive. Source: SL 2000, ch 131 , § 91.

If the community service provider or facility and the person with a developmental disability and the person's parent, if a minor, or the person's guardian consent, information may be disclosed to providers of supports and services to the person with a developmental disability, or…

If information is disclosed, the identity of the person to whom it pertains shall be protected and may not be disclosed unless it is germane to the authorized purpose for which disclosure was sought. If practicable, no other information may be disclosed unless it is germane to th…

Any person receiving information made confidential by § 27B-8-47 shall disclose the information to others only to the extent consistent with the authorized purpose for which the information was released. Source: SL 2000, ch 131 , § 94.

The Legislature hereby finds that: (1) Research does not support the long - term efficacy of aversive behavioral intervention; (2) The use of aversive or abusive treatment raises disturbing legal and ethical issues, and may well deprive the recipient of constitutional or statutor…

No person may use aversive intervention techniques on a person with a developmental disability. Source: SL 2000, ch 131 , § 96.

The rights of any person with a developmental disability receiving services may only be restricted as a result of due process in accordance with statute and the rules of the Department of Human Services. The rights of any person with a developmental disability as specified in thi…

Use of restraints may be applied only if a person with a developmental disability exhibits destructive behavior and if alternative techniques including positive behavior intervention techniques have failed. Source: SL 2000, ch 131 , § 98.

Any behavior intervention program shall use, develop, and promote positive, respectful approaches for teaching in every aspect of life. Behavior intervention programs may only be implemented following the completion of a comprehensive functional analysis if alternative nonrestric…

The use of any highly restrictive procedures, including restraints and time - out, shall be described in written behavior intervention programs. Use of restraints shall be applied only in an emergency if alternative techniques have failed. Physical restraint intended to restrict …

Time - out rooms used for separating a person with a developmental disability from other persons receiving services and group activities may be employed only under close and direct staff supervision and only as a technique in behavior intervention programs. No time - out room may…

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.

The person shall have the same rights and privileges during a review hearing as established under §

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…

The provisions of § 27B-7-49 apply to commitments under this chapter. Source: SL 2023, ch 92 , § 12.

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.

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 …

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. …

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…

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…

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.

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…

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…

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 …