reglab/housing_qa huggingface dataset:
SD Codified L § 27A-10-9.4 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-9.4 - Failure to comply with requirements of outpatient commitment or treatment order.

27A-10-9.4. Failure to comply with requirements of outpatient commitment or treatment order.If a person fails to comply with the requirements specified in an outpatient commitment order or a treatment order, and the person's treating physician or staff of the specified outpatient treatment program believes that the person's current condition is likely to deteriorate until it is probable that the person will be a danger to self or others, the program director or the person's treating physician may notify law enforcement and provide law enforcement with a certified copy of the outpatient commitment order or treatment order. Source: SL 2012, ch 149, §20.
SD Codified L § 27A-10-9.5 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-9.5 - Transportation by law enforcement--Limit upon detention and nonconsensual medication.

27A-10-9.5. Transportation by law enforcement--Limit upon detention and nonconsensual medication.The outpatient commitment order or treatment order constitutes a continuing authorization for law enforcement, upon request of the program director or the person's treating physician, to transport the person to the designated outpatient treatment program or to the treating physician's office for the purpose of making reasonable efforts to obtain the person's compliance with the requirements of the outpatient commitment or treatment order. However, no person may be detained at the program's or the physician's office for more than one hour unless the person consents, or may be physically coerced or required to take prescribed medications unless the outpatient commitment or treatment order contains a specific authorization for the nonconsensual delivery of prescribed medication, pursuant to §27A-12-3.15. If a person has been involuntarily medicated on an outpatient basis, the necessity of treatment with psychotropic medication shall be reviewed and approved under the provisions of §27A-12-3.16 and noted in the patient's medical record or chart. Source: SL 2012, ch 149, §21.
SD Codified L § 27A-10-9.6 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-9.6 - Failure to comply with outpatient commitment or treatment order--Supplemental hearing--Alternative disposition.

27A-10-9.6. Failure to comply with outpatient commitment or treatment order--Supplemental hearing--Alternative disposition.If a person fails to comply with the requirement of the outpatient commitment or treatment order, and the person's treating physician or the staff of the outpatient treatment program believes that there is a significant risk of deterioration in the person's condition, the program director or the treating physician may notify the chair of the county board of mental illness that issued the outpatient commitment or treatment order, the chair of the board where the person is located, the office of the state's attorney of the county where the person is located, and the office of the state's attorney of the county where the person is subject to the outpatient commitment or treatment order, and recommend an appropriate alternate disposition under §27A-11A-21 or 27A-11A-22.Within seventy-two hours of receiving notification under this section, the state's attorney may file a petition with the board or the court for, or the chair of the board or the court may order, a supplemental hearing, or the chair of the board or the court may proceed under any other section of this title. The board or the court shall hold the hearing in accordance with the procedures specified in this title. The chair of the board or the court may order the apprehension and transportation of the person to attend the hearing. Source: SL 2012, ch 149, §22; SL 2020, ch 114, § 1.
SD Codified L § 27A-10-9.7 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-9.7 - Detention by law enforcement officer for emergency intervention--Immunity from civil liability.

27A-10-9.7. Detention by law enforcement officer for emergency intervention--Immunity from civil liability.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 §27A-10-3. Any law enforcement officer who in good faith performs any act of taking custodial charge, transportation, delivery, or other commitment procedure at the request of or direction of another under the provisions of §§27A-10-9.1 to 27A-10-9.6, inclusive, is immune from any civil liability that might otherwise be incurred or imposed. The immunity from civil liability under this section does not apply if a resulting injury was due to willful or wanton misconduct. Source: SL 2012, ch 149, §23.
SD Codified L § 27A-10-14 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-14 - Review hearing after involuntary commitment order--Notice--Rights and procedures.

27A-10-14. Review hearing after involuntary commitment order--Notice--Rights and procedures.Within ninety days after the involuntary commitment of a person who is still under the commitment order, the county board of mental illness which serves the county in which the person is receiving treatment shall conduct a review hearing in the county to determine if the person continues to meet the criteria in §27A-10-9.1. Notice of the review hearing shall be given to the person, and the person's attorney if the person has retained counsel, at least ten days prior to the hearing. If the person has not retained counsel at the time of the notice, the chair of the county board shall immediately appoint counsel to represent the person.At the time the notice of hearing is given, the person and the person's attorney shall be informed of all evidence that will be considered at the review hearing. Any evidence subsequently discovered shall be immediately transmitted to the person and the person's attorney. The rights and procedures applicable during an initial commitment hearing are applicable to review hearings. A petition pursuant to §27A-10-1 need not be filed.The board of mental illness may order the continued involuntary commitment of the person to the same or an alternative placement or program for up to six months if a majority of the board finds by clear and convincing evidence supported by written findings of fact and conclusions of law that the criteria in §27A-10-9.1 are met. If continued involuntary commitment is ordered, a review in the manner provided in this section shall be conducted within six months after the order. If the county board issues another order of continued involuntary commitment, the next review shall be held within six months after the order. If the second six-month review justifies continued commitment, the county board may order continued involuntary commitment for up to twelve months. Subsequent reviews shall be conducted within each twelve months thereafter that the person remains under commitment.If the board orders the continued involuntary commitment of the person, the board shall immediately notify the person and the person's attorney of the person's right to appeal pursuant to §27A-11A-25.If findings that justify continued commitment are not made, the board shall order that the person be immediately discharged from involuntary commitment. Following discharge, the referring county shall provide the person with transportation to the county where the person was taken into custody if the person so chooses. The county ultimately shown to be the county of residence shall reimburse the referring county for any transportation costs. No lien may be placed against the person for the expense incurred in the transportation of this person. Source: SL 1991, ch 220, §126; SL 1994, ch 224; SL 1999, ch 143, §5; SL 2000, ch 129, §10.
SD Codified L § 27A-10-15 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-15 - Additional review hearings.

27A-10-15. Additional review hearings.Notwithstanding the provisions of §§27A-10-9.1 and 27A-10-14, if the board of mental illness orders an initial commitment or a continued commitment it may also schedule at the time of such initial commitment hearing or at the time of such review hearing, and without further notice, a review hearing in addition to the statutory review hearings provided in §27A-10-14, to determine whether the person continues to meet the criteria in §27A-10-9.1. The rights, procedures, and findings required in §27A-10-14, shall apply to such additional review hearing. No temporary periods of involuntary commitment are authorized. Source: SL 1991, ch 220, §127.
SD Codified L § 27A-10-16 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-16 - Emergency apprehension--Evaluation by designated mental health professional.

27A-10-16. Emergency apprehension--Evaluation by designated mental health professional.Upon being informed of the emergency apprehension of an individual under the provisions of this chapter, the chairman of the county board of mental illness with jurisdiction over the person shall notify the community mental health center serving the area in which the board of mental illness is located of the emergency apprehension.The chairman of the county board of mental illness may designate any qualified mental health professional to perform the evaluation required in §27A-10-6. Source: SL 1992, ch 189, §3; SL 1995, ch 160.
SD Codified L § 27A-10-17 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-17 - Prehearing admission and commitment denied if medical condition exceeds center's capacity.

27A-10-17. Prehearing admission and commitment denied if medical condition exceeds center's capacity.The center may refuse the prehearing admission and commitment of a person under this chapter who has a medical condition which exceeds the capacity of the center. Source: SL 1995, ch 158, §2.
SD Codified L § 27A-10-18 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-18 - Refusal of admission and commitment when medical condition exceeds center's capacity.

27A-10-18. Refusal of admission and commitment when medical condition exceeds center's capacity.The center may refuse the admission and commitment of a person under this chapter who has a medical condition which exceeds the capacity of the center. Source: SL 1995, ch 158, §3.
SD Codified L § 27A-10-19 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-19 - Twenty-four hour hold of severely mentally ill person permitted--Notice to county board.

27A-10-19. Twenty-four hour hold of severely mentally ill person permitted--Notice to county board.If any person presents to a facility licensed by the state as a hospital, other than the Human Services Center, and after an examination by a qualified mental health professional it is determined that the person is severely mentally ill and in such condition that immediate intervention is necessary to protect the person from physical harm to self or others, the qualified mental health professional may initiate a twenty-four hour hold on the person and retain the person at the hospital for purposes of observation and emergency treatment. The hospital or the qualified mental health professional shall notify the chair of the county board of mental illness of the twenty-four hour hold. The qualified mental health professional shall petition for commitment of the person according to §§27A-10-1 and 27A-10-4. The person shall be afforded rights according to §27A-10-5. If a petition for emergency commitment pursuant to §27A-10-1 is not filed within twenty-four hours, the person shall be released. Source: SL 1999, ch 139, §1.
SD Codified L § 27A-10-20 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-20 - Definition of terms related to crisis referral and placement.

27A-10-20. Definition of terms related to crisis referral and placement.Terms used in this section and §§27A-10-21 to 27A-10-23, inclusive, mean:(1)"Crisis intervention team certified law enforcement officer," any law enforcement officer who has undergone a comprehensive training program in crisis intervention techniques involving any person who is mentally ill or has substance abuse issues and has received certification as a crisis intervention officer by the officer's department;(2)"Crisis intervention team," a team of law enforcement officers and individuals who have undergone a comprehensive training program in crisis intervention techniques involving any person who is mentally ill or has chemical dependency or substance abuse issues;(3)"Mobile crisis team," an interdisciplinary team of one or more mental health professionals able to respond to any person in the community, either in person or through real-time interactive audio and video, for mental health and chemical dependency or abuse intervention;(4)"Team member," any person who is a member of a crisis intervention team or a mobile crisis team. Source: SL 2010, ch 142, § 3; SL 2020, ch 111, § 2, eff. Mar. 12, 2020.
SD Codified L § 27A-10-21 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-21 - Referral to mobile crisis team or crisis intervention team certified law enforcement officer--Voluntary resolution or placement.

27A-10-21. Referral to mobile crisis team or crisis intervention team certified law enforcement officer--Voluntary resolution or placement.If any law enforcement officer or qualified mental health professional in a clinic or hospital has probable cause to believe that a person requires emergency nonmedical intervention pursuant to §27A-10-1, as an alternative to a petition for commitment pursuant to chapter 27A-10, or apprehension and transfer to an appropriate regional facility pursuant to §27A-10-3, the officer or qualified mental health professional may refer the person to any member of a mobile crisis team or crisis intervention team certified law enforcement officer. If any member of the mobile crisis team or the crisis intervention team certified law enforcement officer accepts in writing, in paper form or in electronic form, either direct supervision of the person or direct engagement with the person through real-time interactive audio and video, the member or officer may:(1)Resolve the intervention on a voluntary basis, at the clinic or hospital, at the person's home, or other location, or with the assistance of any public or private community service that the patient is willing to accept. Any team member may request the assistance of law enforcement for the voluntary transfer of the person; or(2)Direct that the law enforcement officer proceed with the apprehension of the person and transport the person to either:(a)An appropriate regional facility for an emergency intervention and a mental illness examination as provided in §27A-10-6; or(b)An approved treatment facility offering detoxification services for chemical dependency emergencies as provided in §§34-20A-55 and 34-20A-56. Source: SL 2010, ch 142, § 1; SL 2013, ch 122, § 5; SL 2020, ch 111, § 3, eff. Mar. 12, 2020.
SD Codified L § 27A-10-22 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-22 - Discretion of law enforcement officer to arrest--Priority given to placement.

27A-10-22. Discretion of law enforcement officer to arrest--Priority given to placement.The provisions of §27A-10-21 do not limit the law enforcement officer's discretion in arresting a person for a criminal offense. However, the law enforcement officer shall give priority to placing a severely mentally ill person who has also committed a misdemeanor offense in a mental health facility and a person intoxicated or incapacitated by the effects of alcohol or drugs, as defined by §34-20A-2, who has also committed a misdemeanor offense in a detoxification facility. Source: SL 2010, ch 142, §2.
SD Codified L § 27A-10-23 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-23 - Immunity from liability--Mobile crisis referral--Exception.

27A-10-23. Immunity from liability--Mobile crisis referral--Exception.Any law enforcement officer or authority, any qualified mental health professional in a clinic, hospital, or appropriate regional facility, or any clinic or hospital who in good faith transferred direct supervision of a person or direct engagement with a person to a mobile crisis team or a crisis intervention team certified law enforcement officer, is immune from any civil liability for the referral. Any member of a mobile crisis team or a crisis intervention team certified law enforcement officer, whose actions, in the engagement with a person or in the de-escalation, assessment, supervision, examination, or placement of a person in compliance with this section and §§27A-10-20 to 27A-10-22, inclusive, are taken in good faith, are immune from any civil liability for the engagement with the person or for the de-escalation, assessment, referral, supervision, examination, transfer, or placement of the person. The immunity from civil liability under this section and §§27A-10-20 to 27A-10-22, inclusive, does not apply if injury results from gross negligence or willful or wanton misconduct. Any law enforcement officer or authority who acts in compliance with subsection 27A-10-21(2)(b) and §34-20A-57 is not criminally or civilly liable for the officer's or authority's actions. Source: SL 2010, ch 142, § 4; SL 2013, ch 122, § 6; SL 2020, ch 111, § 4, eff. Mar. 12, 2020; SL 2020, ch 115, § 1.
SD Codified L § 27A-10-24 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-24 - Report to attorney general of certain names for reporting to National Instant Criminal Background Check System.

27A-10-24. Report to attorney general of certain names for reporting to National Instant Criminal Background Check System.If the board of mental illness orders an involuntary commitment based on a finding pursuant to §27A-10-9.1 that the person is a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the chair of the board shall report to the attorney general for reporting to the National Instant Criminal Background Check System the involuntarily committed person's name and other identifying information. The chair shall submit the report to the attorney general, in the manner and form prescribed by the attorney general, within seven working days after the date of the final order of involuntary commitment. The report may not include information relating to the person's diagnosis or treatment. Source: SL 2014, ch 113, §1.
SD Codified L § 27A-11A-1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 11A - Hearings Procedure|Section 27A-11A-1 - Process issued by board--Conduct of meetings--Evidentiary rulings--Notice by mail.

27A-11A-1. Process issued by board--Conduct of meetings--Evidentiary rulings--Notice by mail.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 all evidentiary rulings. The notices, reports, and communications herein required to be given or made may be sent by mail unless otherwise expressed or implied, and the fact and date of such sending or reception shall be noted on the proper record. Source: SDC 1939, §30.0105; SDCL, §27-6-6; SL 1975, ch 181, §78; SL 1991, ch 220, §136; SDCL, §27A-7-5.
SD Codified L § 27A-11A-1.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 11A - Hearings Procedure|Section 27A-11A-1.1 - Petitions, applications, and documents made under oath or affirmation.

27A-11A-1.1. Petitions, applications, and documents made under oath or affirmation.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 document attests, at the end of the document, in substantially the following form:"I swear or affirm, under penalty of perjury, under the laws of the State of South Dakota that the foregoing is true and correct.Executed on__________(date) in the county of__________(county name)in the State of South Dakota____________________(signature)____________________(signer's address and telephone number)."A document that is sworn to or affirmed under this section without notarization shall include a telephone number and address so that the signer can be contacted. Source: SL 2012, ch 149, §27.
SD Codified L § 27A-11A-1.2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 11A - Hearings Procedure|Section 27A-11A-1.2 - Qualification of electronic document as signed document.

27A-11A-1.2. Qualification of electronic document as signed document.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 two-factor authentication, such as name and password, or biometric identification that is uniquely reconcilable to a single actor and that results in a nonmodifiable document after the electronic signature is affixed, and the document indicates an electronic signature in some manner, such as"s/____________________(name of signer)"; or(2)With the person's physical signature, if the document is optically scanned into the entity's records. Source: SL 2012, ch 149, §28.
SD Codified L § 27A-11A-1.3 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 11A - Hearings Procedure|Section 27A-11A-1.3 - Assurance of authenticity of electronic signature.

27A-11A-1.3. Assurance of authenticity of electronic signature.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 assurance of authenticity. Source: SL 2012, ch 149, §29.
SD Codified L § 27A-11A-1.4 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 11A - Hearings Procedure|Section 27A-11A-1.4 - Electronically transmitted facsimile.

27A-11A-1.4. Electronically transmitted facsimile.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.