reglab/housing_qa huggingface dataset:
SD Codified L § 27B-7-33 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-33 - Time and place of hearing--Notice--Copies of order after hearing.

27B-7-33. Time and place of hearing--Notice--Copies of order after hearing.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 reports;(2)Provide five days written notice, excluding Saturdays, Sundays, and holidays, of the time, date, and place of the hearing to the petitioner, to the person alleged to meet the criteria for board-ordered commitment, to the psychologist or psychiatrist completing the report, to the person's attorney, or other attorney as specified in §27B-7-35, to the director of any facility in which the person is being served, and to the secretary of the Department of Human Services; and(3)Following the hearing, provide copies of all orders to the persons identified in subdivision (2). Source: SL 2000, ch 131, §65; SL 2002, ch 136, §12.
SD Codified L § 27B-7-34 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-34 - Procedure governing hearings.

27B-7-34. Procedure governing hearings.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.
SD Codified L § 27B-7-35 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-35 - Participation by state's attorney.

27B-7-35. Participation by state's attorney.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.
SD Codified L § 27B-7-36 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-36 - Dismissal of petition if not upheld by professional report--Discharge of subject.

27B-7-36. Dismissal of petition if not upheld by professional report--Discharge of subject.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 criteria for board-ordered commitment, the board shall enter a finding to that effect, shall dismiss the petition, and shall direct that the person be immediately discharged if the person has been detained prior to the hearing. Source: SL 2000, ch 131, §68.
SD Codified L § 27B-7-37 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-37 - Order for involuntary commitment of person posing immediate danger to self or others--Protective custody.

27B-7-37. Order for involuntary commitment of person posing immediate danger to self or others--Protective custody.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 disability the person poses an immediate danger of physical injury to self or others making it necessary or advisable to receive appropriate supports and services. If the person is found to meet the criteria for involuntary commitment, the county review board may order the person to be placed under the control and care of the Department of Human Services for placement in appropriate programs. If the person refuses to comply with this order, the board may direct a law enforcement officer to take the person into protective custody. Source: SL 2000, ch 131, §69; SL 2002, ch 136, §14.
SD Codified L § 27B-7-38 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-38 - Board may issue detention order--Person detained without professional's recommendation to be examined within given time or released--Professional examination and report--Person released if not dangerous.

27B-7-38. Board may issue detention order--Person detained without professional's recommendation to be examined within given time or released--Professional examination and report--Person released if not dangerous.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 approval of the provider, to be detained for purposes of an examination if the county review board finds from the petition, from other statements under oath, or from reports of physicians, psychiatrists, psychologists, or other qualified developmental disabilities professionals that there is reasonable basis to believe that the person to be committed poses an immediate danger of physical injury to self or others.If the county review board issues a detention order based on a petition that did not include a recommendation for detention by a psychiatrist or psychologist, the person shall be examined by a psychiatrist or psychologist within forty-eight hours of the issuance of the detention order, excluding Saturdays, Sundays, and legal holidays. The results shall be reported to the county review board. If the report is not received by the county review board within forty-eight hours, excluding Saturdays, Sundays, and legal holidays, the person shall be released from placement with the community service provider. The report shall include:(1)Whether the person may be diagnosed as having a developmental disability;(2)Whether supports and services are available and appropriate in lieu of county review board proceedings; and(3)Whether the person continues to pose an immediate danger of physical injury to self or others due to the developmental disability.Upon receipt of the report by the county review board, if it is determined that the person continues to pose an immediate danger of physical injury to self or others due to the developmental disability, placement with a community service provider shall continue while the commitment process is pending. If the person does not continue to pose an immediate danger of physical injury to self or others, the person shall be released from placement with the community service provider pending further proceedings. No record of arrest may be charged against the person. Source: SL 2000, ch 131, §70; SL 2002, ch 136, §15; SL 2013, ch 125, §10.
SD Codified L § 27B-7-39 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-39 - Annual review of commitment order--Provision of report--Notice of hearing--Participation at hearing--Procedures--Results of hearing.

27B-7-39. Annual review of commitment order--Provision of report--Notice of hearing--Participation at hearing--Procedures--Results of hearing.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 date of the commitment order, the developmental disability community service provider shall provide a report to the county review board that issued the original commitment order regarding the person's supports, services, and progress. Following ten days notice to the person, the person's attorney, and the Department of Human Services, the county review board shall hold a review hearing. The review hearing shall include participation by the state's attorney, Department of Human Services, the community service provider, and the person's attorney. The rights and procedures applicable during an initial commitment hearing are applicable to review hearings. A petition pursuant to §27B-7-27 need not be filed. At the conclusion of the review hearing, the county review board may issue an order of continued commitment or immediately discharge the person from involuntary commitment if the conditions in §27B-7-37 justifying commitment no longer exist. Source: SL 2000, ch 131, §71; SL 2002, ch 136, §16.
SD Codified L § 27B-7-39.1 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-39.1 - Rights of person during hearing--Waiver of rights--Exclusion of persons.

27B-7-39.1. Rights of person during hearing--Waiver of rights--Exclusion of persons.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 record that the person has been informed of the hearing and of the right to appear and chooses not to exercise this right. Documentation of the reasons for the person's decision may not be required. The county review board may exclude any person not necessary for the conduct of the proceedings from the hearings, except any person requested to be present by the person who is the subject of the hearing. Source: SL 2002, ch 136, §17.
SD Codified L § 27B-7-39.2 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-39.2 - Attendance of court reporter--Record of proceedings.

27B-7-39.2. Attendance of court reporter--Record of proceedings.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 used, the equipment shall be of such quality that each word of the testimony and rulings made with reference thereto can be clearly heard and understood. All recorded testimony shall be preserved for at least five years. Source: SL 2002, ch 136, §18.
SD Codified L § 27B-7-39.3 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-39.3 - Request for transcript or copy--Costs.

27B-7-39.3. Request for transcript or copy--Costs.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 person is without means to pay for such transcript or tape recording. If the affidavit is found true by the county review board, the expense of the transcript or copy of the tape recorded testimony is a charge upon the county of residence of the person or, if a nonresident of the state, upon the State of South Dakota. Source: SL 2002, ch 136, §19.
SD Codified L § 27B-7-40 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-40 - Department to notify board of death of resident.

27B-7-40. Department to notify board of death of resident.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.
SD Codified L § 27B-7-41 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-41 - Counsel to represent subject--Procedural rights.

27B-7-41. Counsel to represent subject--Procedural rights.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;(3)To present documents and witnesses;(4)To cross-examine witnesses; and(5)To require testimony in person from the psychiatrist or psychologist who performed the evaluation required in 27B-7-28. Source: SL 2000, ch 131, §73.
SD Codified L § 27B-7-42 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-42 - Payment of counsel.

27B-7-42. Payment of counsel.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 of the referring county. The costs described shall be allowed and paid out of county funds and may not be assessed against the person with a developmental disability. Source: SL 2000, ch 131, §74; SL 2002, ch 136, §20.
SD Codified L § 27B-7-43 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-43 - Liability for costs.

27B-7-43. Liability for costs.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 a nonresident of the state, by the State of South Dakota. The costs described shall be allowed and paid for out of county funds and may not be assessed against the person with a developmental disability. Source: SL 2000, ch 131, §75; SL 2002, ch 136, §21.
SD Codified L § 27B-7-44 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-44 - Diagnosis of developmental disability or commitment by board does not constitute incompetence.

27B-7-44. Diagnosis of developmental disability or commitment by board does not constitute incompetence.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 reason of a commitment by a county review board. Source: SL 2000, ch 131, §76.
SD Codified L § 27B-7-45 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-45 - Right of appeal of hearing or review--Person to be advised of right--Appeal procedures--Rights not to be denied on grounds of indigency.

27B-7-45. Right of appeal of hearing or review--Person to be advised of right--Appeal procedures--Rights not to be denied on grounds of indigency.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. The person shall be advised both verbally and in writing of this right at the conclusion of any proceedings. The appeal shall be conducted in accordance with the provisions of chapter 1-26.None of the rights granted in this section may be denied due to a person's inability to pay for costs and fees incurred in such proceedings. The county of residence, or the State of South Dakota if a nonresident of the state, shall provide for the cost of representation of the person through the conclusion of actions brought under this section. Source: SL 2000, ch 131, §77; SL 2002, ch 136, §22.
SD Codified L § 27B-7-47 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-47 - Right to habeas corpus.

27B-7-47. Right to habeas corpus.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 involuntary commitment. Such authorization is not a bar to the issuing of the writ the second time if it is alleged that the criteria in §27B-7-37 are no longer met. Source: SL 2000, ch 131, §79.
SD Codified L § 27B-7-48 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-48 - Involuntary commitment--Rules.

27B-7-48. Involuntary commitment--Rules.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.
SD Codified L § 27B-7-49 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-49 - Crime of assisting in escape of involuntarily committed person--Penalties.

27B-7-49. Crime of assisting in escape of involuntarily committed person--Penalties.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 guilty of a Class 6 felony. Any other person 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 guilty of a Class 1 misdemeanor.The term, escape, or, release, as used in this section includes departure without lawful authority or failure to return to custody following a temporary leave granted for a specific purpose or limited period. Source: SL 2001, ch 148, §2.
SD Codified L § 27B-7-50 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-50 - Discharge.

27B-7-50. Discharge.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.
SD Codified L § 27B-7-51 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-51 - Notification of discharge--Transportation.

27B-7-51. Notification of discharge--Transportation.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 discharge notification. Source: SL 2002, ch 136, §25.
SD Codified L § 27B-7-51.1 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-51.1 - Discharge--Notification of discharge--Voluntary admission.

27B-7-51.1. Discharge--Notification of discharge--Voluntary admission.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 Center or community service provider shall immediately notify the chair of the county review board who issued the commitment order that the person no longer meets commitment criteria and that the person is being discharged. Nothing in this section precludes any person or the person's legal representative from subsequently seeking admission to a program on a voluntary basis. Source: SL 2004, ch 185, §1.
SD Codified L § 27B-7-52 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-52 - Liability for costs of care of persons not provided transportation--Report of delinquencies--Notification--Payment.

27B-7-52. Liability for costs of care of persons not provided transportation--Report of delinquencies--Notification--Payment.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 shall pay to the community service provider, or if a state provider then to the state, the full service cost as defined in §27B-3-28 for the care and keeping of such persons at the program or facility, the time computed shall commence forty-eight hours after the date of such order and notice.If the community service provider is a state provider, the program director shall report any delinquencies, and the time any person is kept beyond the forty-eight hours, giving the person's name, the county of residence, and the amount due from the responsible county for such charge to the state auditor. The state auditor shall notify the county auditor of the county to be charged. The amount due shall be paid into the state treasury as other charges for the support of the developmentally disabled. Source: SL 2002, ch 136, §26.
SD Codified L § 27B-8-36 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-36 - Rights and responsibilities of person with developmental disability.

27B-8-36. Rights and responsibilities of person with developmental disability.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.
SD Codified L § 27B-8-37 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-37 - Religious rights.

27B-8-37. Religious rights.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 worship. No person may be coerced into engaging in or refraining from any religious activity, practice, or belief. Source: SL 2000, ch 131, §82.