reglab/housing_qa huggingface dataset:
SD Codified L § 27A-10-1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-1 - Petition asserting need for immediate intervention of mentally ill person--Contents.

27A-10-1. Petition asserting need for immediate intervention of mentally ill person--Contents.If any person is alleged to be severely mentally ill and in such condition that immediate intervention is necessary for the protection from physical harm to self or others, any person, eighteen years of age or older, may complete a petition stating the factual basis for concluding that such person is severely mentally ill and in immediate need of intervention. The petition shall be upon a form and be verified by affidavit. The petition shall include the following:(1)A statement by the petitioner that the petitioner believes, on the basis of personal knowledge, that such person is, as a result of severe mental illness, a danger to self or others;(2)The specific nature of the danger;(3)A summary of the information upon which the statement of danger is based;(4)A statement of facts which caused the person to come to the petitioner's attention;(5)The address and signature of the petitioner and a statement of the petitioner's interest in the case; and(6)The name of the person to be evaluated; the address, age, marital status, and occupation of the person and the name and address of the person's nearest relative.The state's attorney or other person designated by the board of county commissioners shall assist the petitioner in completing the petition. No designee may be a member of the county board of mental illness. Upon completion of the petition, the petition shall be forthwith submitted to the chair of the county board of mental illness where such severely mentally ill person is found. The term, forthwith, means that the petition shall be completed and submitted to the chair at the earliest possible time during normal waking hours. If a petition is not filed with the chair within twenty-four hours of the apprehension of the person, the person shall be released. If the person is released, the referring county shall provide the person with transportation to the county where the person was taken into custody if the person so chooses. If the county where the person was apprehended is served by a board other than the board serving the county where the facility to which the person is transported is located, a copy of the petition shall also be forthwith filed with the chair of such board. Source: SL 1974, ch 184, §2; SL 1975, ch 181, §107; SDCL Supp, §27-7A-2; SL 1991, ch 220, §110; SL 2000, ch 129, §3.
SD Codified L § 27A-10-1.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-1.1 - Center as appropriate regional facility in certain circumstances.

27A-10-1.1. Center as appropriate regional facility in certain circumstances.If a competent person agrees to receive treatment at the Human Services Center and the treatment is arranged with the center but upon arrival the person does not consent to admission or if a person agrees to accept treatment at the center and the treatment is arranged but upon arrival the person is examined and found not competent to consent to admission, if there is no next of kin available or if there is next of kin available but the person does not consent to admission, and if the attending psychiatrist has probable cause to believe that the person requires emergency intervention under the criteria in §27A-10-1, the center may be used as an appropriate regional facility. Source: SL 1999, ch 140, §1.
SD Codified L § 27A-10-1.2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-1.2 - Appropriate regional facility--Application for Designation by Department of Social Services--Requirements.

  27A-10-1.2  .  Appropriate regional facility--Application for Designation by Department of Social Services--Requirements.   For purposes of admitting a person who is apprehended under §   27A-10-2   or   27A-10-3  , the Department of Social Services shall designate any facility as an appropriate regional facility if the facility is approved by the department in accordance with this section.   Any facility may apply to the department for designation as an appropriate regional facility at the time and in the manner established by the department under rule promulgated in accordance with chapter   1-26  .   To be designated as an appropriate regional facility, a facility must:   (1) Have the capacity for overnight residential services necessary to stabilize acute psychiatric or behavioral symptoms and evaluate treatment needs;   (2) Have the capacity to admit individuals twenty-four hours per day and seven days per week;   (3) Have the capacity to develop a crisis stabilization plan for each individual admitted;   (4) Have on-site personnel twenty-four hours per day and seven days per week, and have medical personnel available, including by electronic communication, twenty-four hours per day and seven days per week;   (5) Have the capacity to document daily interactions with or observations of the individual by treatment staff of the facility; and   (6) Comply with any other requirements determined by the department by rule promulgated in accordance with chapter   1-26  .     Source:  SL 2020, ch 110, § 1.
SD Codified L § 27A-10-2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-2 - Order for apprehension of subject--Transportation to appropriate facility--Payment of expenses.

27A-10-2. Order for apprehension of subject--Transportation to appropriate facility--Payment of expenses.After examination of a petition filed under §27A-10-1, the chair of the county board of mental illness may order the apprehension and transportation by a law enforcement officer or other designee of any person whom the chair has probable cause to believe meets the criteria in §27A-10-1 to an appropriate regional facility other than the Human Services Center. No jail may be used for prehearing custody until the availability of other appropriate regional facilities has been explored and exhausted. No person may be held in a jail for longer than twenty-four hours on a mental illness hold alone.If the alleged mentally ill person is a nonresident of the state, the Human Services Center may be used as an appropriate regional facility. If a nonresident of the state is transported to the Human Services Center, the State of South Dakota shall pay any expenses and costs provided for in this title as the responsibility of the county of residence, subject to any right of reimbursement. If the Human Services Center is not utilized for a nonresident of the state, the referring county shall pay any expenses and costs provided for in this title as the responsibility of the county of residence, subject to any right of reimbursement.If the facility to which the person is transported is in a county served by another board of mental illness, a copy of the petition shall be forthwith filed with the chair of such board. The referring county shall pay any expenses incurred in apprehension and transportation of the person, 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 the apprehension or transportation of the person. Source: SL 1974, ch 184, §3; SL 1975, ch 181, §107; SDCL Supp, §27-7A-3; SL 1988, ch 216, §5; SL 1991, ch 220, §111; SL 1999, ch 143, §1; SL 2000, ch 129, §4.
SD Codified L § 27A-10-3 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-3 - Apprehension by peace officer of person believed to require emergency intervention--Transportation to appropriate regional facility.

27A-10-3. Apprehension by peace officer of person believed to require emergency intervention--Transportation to appropriate regional facility.A peace officer may apprehend any person that he has probable cause to believe requires emergency intervention under the criteria in §27A-10-1. The peace officer shall transport the person to an appropriate regional facility, as defined in §27A-1-1, other than the Human Services Center for an examination as provided in §27A-10-6. A jail may not be used for prehearing custody until the availability of other appropriate regional facilities has been explored and exhausted. No person may remain in a jail for longer than twenty-four hours on a mental illness hold alone. Source: SL 1975, ch 181, §108; SDCL Supp, §27-7A-3.1; SL 1989, ch 21, §92; SL 1991, ch 220, §112.
SD Codified L § 27A-10-4 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-4 - Petition on person apprehended.

27A-10-4. Petition on person apprehended.After a law enforcement officer or other designee transports an apprehended person to an appropriate regional facility pursuant to §27A-10-3, the law enforcement officer, a physician, or other person with personal knowledge of the relevant facts shall complete a petition as provided in §27A-10-1. Source: SL 1975, ch 181, §108; SDCL Supp, §27-7A-3.2; SL 1984, ch 196; SL 1991, ch 220, §113; SL 2000, ch 129, §5.
SD Codified L § 27A-10-5 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-5 - Notification of rights upon custody, detention, or filing of petition--Notice to county board where person apprehended.

27A-10-5. Notification of rights upon custody, detention, or filing of petition--Notice to county board where person apprehended.Immediately after a person is taken into custody pursuant to §27A-10-2 or 27A-10-3, a hold is initiated pursuant to §27A-8-10.1 or 27A-10-19, or a petition is filed pursuant to §27A-8-11.2, the person shall be notified both orally and in writing of the following:(1)The right to immediately contact someone of the person's choosing;(2)The right to immediately contact and be represented by counsel;(3)That the person will be examined by a qualified mental health professional, designated by the chair of the county board of mental illness, within twenty-four hours after being taken into custody to determine whether custody should continue; and(4)The right, if custody is continued, to an independent examination and to a hearing within five days after being taken into custody, within six days if there is a Saturday, Sunday, or holiday within that time period, or within seven days if there is a Saturday, Sunday, and holiday within that time period.The person shall be further notified that the costs of any post-commitment treatment, medication, compensation for the attorney appointed to represent the person in any appeals proceedings, an additional examination requested by the person pursuant to §27A-11A-9, and a certified transcript or tape of proceedings requested by the person pursuant to §27A-11A-2 are that person's responsibility and that a lien for the amount of these costs may be filed upon the person's real and personal property to ensure payment.The notice shall also be given forthwith to the county board serving the county where the person was apprehended. Source: SL 1974, ch 184, §4; SL 1975, ch 181, §110; SDCL Supp, §27-7A-4; SL 1977, ch 212, §3; SL 1991, ch 220, §114; SL 1992, ch 26, §6; SL 1992, ch 189, §34; SL 1995, ch 162, §1; SL 1997, ch 164, §1; SL 2000, ch 129, §6.
SD Codified L § 27A-10-6 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-6 - Examination of person detained--Report to chair--Expenses of examination.

27A-10-6. Examination of person detained--Report to chair--Expenses of examination.Within twenty-four hours after the apprehension of any person who allegedly requires emergency intervention under §27A-10-2 or 27A-10-3, a hold is initiated on the person pursuant to §27A-8-10.1, or a petition is filed pursuant to §27A-8-11.2, a qualified mental health professional designated by the chair of the county board of mental illness serving the area where the person is detained, other than the qualified mental health professional who brought the petition or initiated the hold, shall perform an examination, including a mental status examination, on the person. The examination may be conducted either in person or through real-time interactive audio and video. The qualified mental health professional shall perform the examination for each twenty-four-hour period during which the person is detained.Preceding each examination, the qualified mental health professional shall identify herself or himself to the person and explain the nature and purpose of the examination, including that the examination is being performed to assist in the determination of whether the person should continue to be detained and that the examination may be used as evidence in an involuntary commitment hearing. The qualified mental health professional shall immediately report the findings from each examination performed under this section to the chair of the county board of mental illness.The referring county shall pay any expenses of the examination by the qualified mental health professional, 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 the qualified mental health professional examination. Source: SL 1974, ch 184, § 5; SL 1975, ch 181, § 109; SDCL Supp, § 27-7A-6; SL 1987, ch 198, § 15; SL 1991, ch 220, § 115; SL 1999, ch 143, § 2; SL 2000, ch 129, § 7; SL 2020, ch 111, § 1, eff. Mar. 12, 2020; SL 2020, ch 112, § 1.
SD Codified L § 27A-10-7 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-7 - Results of examination--Person released upon failure of examination to meet criteria--Continued detention if criteria met.

27A-10-7. Results of examination--Person released upon failure of examination to meet criteria--Continued detention if criteria met.If the examination required in §27A-10-6 does not support a finding that the person meets the criteria for involuntary commitment in §27A-1-2, the person shall be released. Following such release, the referring county shall provide the person with transportation to the county where the person was taken into custody if the person so chooses. These costs are subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the person for the transportation expenses. If the chair of the county board finds, as a result of the examination required in §27A-10-6 and an investigation of the petition for emergency intervention that the person meets the criteria in §27A-1-2, the chair may order that the person continue to be detained in an appropriate regional facility including, if necessary, the center, pending the hearing required in §27A-10-8. No lien may be placed against the person for the costs associated with detainment pending the hearing. Source: SL 1974, ch 184, §7; SL 1975, ch 181, §109; SDCL Supp, §27-7A-8; SL 1991, ch 220, §116; SL 2000, ch 129, §8.
SD Codified L § 27A-10-7.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-7.1 - Chairman to make final determination where person voluntarily admits himself.

27A-10-7.1. Chairman to make final determination where person voluntarily admits himself.If the person is willing to admit himself to an inpatient psychiatric facility or other treatment program on a voluntary basis and the admission is deemed suitable by the facility or program, the chairman of the county board to whom the petition was filed shall be notified and shall make the final determination. Source: SL 1987, ch 198, §16; SL 1988, ch 216, §6; SL 1991, ch 220, §117.
SD Codified L § 27A-10-7.2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-7.2 - Refusal of prehearing admission.

27A-10-7.2. Refusal of prehearing admission.The center may refuse prehearing admission to a person under this chapter unless the examination report and determination required in §§27A-10-6 and 27A-10-7 have been accomplished. Source: SL 1991, ch 220, §118.
SD Codified L § 27A-10-8 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-8 - Time limit for involuntary commitment hearing--Payment of expenses.

27A-10-8. Time limit for involuntary commitment hearing--Payment of expenses.Within five days after the person is taken into custody, within six days if there is a Saturday, Sunday, or holiday within that time period, or within seven days if there is a Saturday, Sunday, and holiday within that time period, the person shall be provided an involuntary commitment hearing. The referring county shall pay any expenses incurred by the board holding the hearing, including the transportation of the person to the hearing, subject to reimbursement by the county ultimately proven to be the county of residence.No lien may be placed against the person for the expenses incurred by the board holding the hearing, including the transportation of the person to the hearing. Source: SL 1974, ch 184, §8; SL 1975, ch 181, §111; SDCL Supp, §27-7A-10; SL 1977, ch 212, §4; SL 1988, ch 216, §7; SL 1991, ch 220, §119; SL 1997, ch 164, §2; SL 1999, ch 143, §3; SL 2000, ch 129, §9.
SD Codified L § 27A-10-9 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-9 - Testimony of qualified mental health professional--Availability and appropriateness of alternatives.

27A-10-9. Testimony of qualified mental health professional--Availability and appropriateness of alternatives.The board of mental illness conducting the involuntary commitment hearing as provided in §27A-10-8 shall order testimony by a qualified mental health professional, other than the professional who submitted the petition under §27A-10-1 or initiated the hold under §27A-10-19, who shall assess the availability and appropriateness of treatment alternatives, including treatment programs other than inpatient treatment and whether such programs are available at the mental health center serving the area in which the person was apprehended or resides. Such testimony shall include what alternatives are or should be made available, what alternatives were investigated, and why any investigated alternatives are not deemed appropriate. If the board determines that alternatives to inpatient treatment are appropriate, commitment for inpatient treatment to the center or other inpatient psychiatric facility may not be ordered and commitment shall be to the least restrictive treatment alternative as required in subdivision 27A-10-9.1(3). Source: SL 1974, ch 184, §9; SL 1975, ch 181, §112; SDCL Supp, §27-7A-15; SL 1991, ch 220, §120; SL 2020, ch 113, § 1.
SD Codified L § 27A-10-9.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-9.1 - Ninety-day initial commitment to facility or outpatient treatment program--Release--Transportation--Notice of right to appeal.

27A-10-9.1. Ninety-day initial commitment to facility or outpatient treatment program--Release--Transportation--Notice of right to appeal.Upon completion of the hearing provided in §27A-10-8, the board of mental illness may order the involuntary commitment of the person for an initial period not to exceed ninety days if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law, that:(1)The person meets the criteria in §27A-1-2;(2)The person needs and is likely to benefit from the treatment which is proposed; and(3)The commitment is to the least restrictive treatment alternative.The board may commit the person to the Human Services Center or a veterans' administration hospital. The board may also commit the person to a private facility or an outpatient treatment program, if that facility or program agrees to accept the commitment and if the commitment will not result in liability to any county for the cost of treating such person.If the above findings are not made, the board shall order that the person be released. Following such release, the referring county shall provide the person with transportation to the county where the person was taken into custody if the person chooses. The county ultimately shown to be the county of residence shall reimburse the referring county for any transportation costs. However, the provisions of chapter 28-14 do not apply. If the board orders the involuntary commitment of the person, the board shall immediately notify the person and the person's attorney of the right to appeal pursuant to §27A-11A-25. Source: SL 1987, ch 198, §17; SL 1991, ch 220, §121; SL 1992, ch 189, §35; SL 1995, ch 159; SL 1999, ch 143, §4; SL 2012, ch 149, §17.
SD Codified L § 27A-10-9.2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-9.2 - Medical treatment for mental illness or treatment of co-occurring substance use disorder.

27A-10-9.2. Medical treatment for mental illness or treatment of co-occurring substance use disorder.If findings are made pursuant to §27A-10-9.1 and an involuntary commitment is ordered, then the board may, at the same hearing or at a subsequent hearing, consider any petitions for:(1)The authority to administer psychotropic medication, electroconvulsive treatment, and such other medical treatment as may be necessary for the treatment of the person's mental illness, pursuant to the provisions of §§27A-12-3.13 to 27A-12-3.15, inclusive, for the period specified in §27A-12-3.16; and(2)For the treatment of any co-occurring substance use disorder upon the petition of the person's spouse or guardian, a relative, a physician, the administrator or facility director of any approved treatment facility, or any other responsible person over the age of eighteen, on the grounds that the person is an alcohol or drug abuser who habitually lacks self-control as to the use of alcoholic beverages or other drugs and the person:(a)Has threatened, attempted, or inflicted physical harm on self or on another and that unless treated is likely to inflict harm on self or on another; or(b)Is incapacitated by the effects of alcohol or drugs; or(c)Is pregnant and abusing alcohol or drugs.If after hearing all relevant evidence, the board finds, by clear and convincing evidence, that the above grounds for involuntary treatment of a co-occurring substance use disorder exists, the board may also order a commitment for such co-occurring disorder to any appropriate treatment facility, for a period not to exceed ninety days. The board may not order such commitment unless it determines that the proposed facility is able to provide adequate and appropriate treatment and the treatment is likely to be beneficial. Source: SL 2012, ch 149, §18.
SD Codified L § 27A-10-9.3 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 10 - Emergency Commitment|Section 27A-10-9.3 - Least restrictive treatment alternative.

27A-10-9.3. Least restrictive treatment alternative.Any such treatment or commitment order pursuant to §§27A-10-9.1 and 27A-10-9.2 shall be to the least restrictive treatment alternative. The procedure for the board's consideration of these petitions concurrent with the §27A-10-8 hearing shall be governed by chapter 27A-11A, which shall control to the extent of any procedural conflicts contained in chapter 27A-12 or 34-20A. Source: SL 2012, ch 149, §19.