reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-1.5 - Statutes, rules, standards, and practices for accepting documents for filing or admission as evidence not altered--Exceptions.

27A-11A-1.5. Statutes, rules, standards, and practices for accepting documents for filing or admission as evidence not altered--Exceptions.
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 affirmation or by verified affidavit;
(2)The acceptability of electronically transmitted facsimile copies; and
(3)The acceptability of electronic signatures.
Subsections (1) and (2) of this section address only the acceptability of documents obtained from an entity's electronic records system and does not determine whether the board is required or permitted to accept electronic filing of documents.
Source:
SL 2012, ch 149, §31.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-2 - Stenographic record of proceedings--Certified transcript or tape requested by patient--Expense.

27A-11A-2. Stenographic record of proceedings--Certified transcript or tape requested by patient--Expense.
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 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.
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 patient shall pay for a transcript or copy of the tape recorded testimony or shall file an affidavit that he is without means to pay for such transcript or tape recording. If the affidavit is found true by the board of mental illness, the expense of the transcript or copy of the tape recorded testimony is a charge upon the county of residence of the patient.
Source:
SDC 1939, §30.0107; SL 1953, ch 176; SDCL, §27-7-15; SL 1975, ch 181, §§73, 96; SDCL Supp, §27-6-5.1; SL 1977, ch 211, §3; SL 1987, ch 198, §5; SL 1991, ch 220, §§137, 138; SDCL Supp, §27A-7-6; SDCL, §27A-9-30.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-3 - Filing of board papers with clerk of courts--Confidentiality and access.

27A-11A-3. Filing of board papers with clerk of courts--Confidentiality and access.
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 other communications. The clerk of courts shall keep separate books in which to record the proceedings of the board, and his entries shall be sufficiently full to show, with the papers filed, a complete record of the findings, orders, and transactions of the board.
All records of proceedings under this title shall be subject to the confidentiality and access provisions of §27A-12-25 et seq. Any such records regarding a person who is released prior to or directly following the completion of a hearing provided for in §27A-10-8 shall be sealed upon such release and shall be opened only by court order of the circuit court.
Source:
SDC 1939, §30.0105; SDCL, §27-6-7; SL 1991, ch 220, §139; SDCL, §27A-7-7.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-4 - State's attorney to represent petitioners--Reasonable costs.

27A-11A-4. State's attorney to represent petitioners--Reasonable costs.
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 detention. The county ultimately shown to be the county of residence shall reimburse the county in which the proceeding is held for any reasonable cost of such representation. No lien may be placed against the person for the costs incurred in any proceeding for involuntary commitment, review, or detention.
Source:
SL 1975, ch 181, §82; SDCL Supp, §27-7-2.3; SL 1991, ch 220, §140; SDCL, §27A-9-4; SL 1999, ch 143, §6; SL 2000, ch 129, §11.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-5 - Personal service of petition and notice of hearing--Contents of notice.

27A-11A-5. Personal service of petition and notice of hearing--Contents of notice.
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 include the following:
(1)Notice of the time, date, and place of hearing;
(2)Notice to the person of the right to be represented by an attorney retained by the person or appointed by the chair of the board wherever the hearing is to be held;
(3)Notice that the person will be examined by a qualified mental health professional or physician designated by the chair of the county board within twenty-four hours of being taken into custody;
(4)Notice that the medical records of the person will be available to the qualified mental health professional or physician and defense lawyer; and
(5)Notice of the right of the person to obtain an additional examination, the reasonable expense of which shall be reimbursed to the county by the person unless the person is indigent.
Source:
SL 1975, ch 181, §87; SL 1976, ch 168, §5; SDCL Supp, §27-7-2.5; SL 1991, ch 220, §141; SDCL, §27A-9-6; SL 1995, ch 161; SL 2005, ch 145, §1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-6 - Sheriff's and witnesses' fees.

27A-11A-6. Sheriff's and witnesses' fees.
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, §27-6-10; SL 1991, ch 220, §142; SDCL, §27A-9-7.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-7 - Assignment of counsel to represent alleged mentally ill person--Time allowed.

27A-11A-7. Assignment of counsel to represent alleged mentally ill person--Time allowed.
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 immediately assign counsel to represent the interests of the person. In no instance may a person not be represented by counsel.
Source:
SL 1974, ch 182, §5; SDCL Supp, §§27-7-2.1, 27-7-2.6; SL 1975, ch 181, §87; SL 1991, ch 220, §143; SDCL, §27A-9-8.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-8 - Interrogatories to be answered with health professional's certificate or examination.

27A-11A-8. Interrogatories to be answered with health professional's certificate or examination.
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 attorney and state's attorney prior to the hearing:
(1)HISTORY
(a) Informant:(1) Name
(2) Address
(3) Relationship
(b) Patient: (1) Full name
(2) Born, place, date
(3) Sex, race, education
(4) Occupation
(5) Social Security No.
(6) How long in South Dakota
(7) Marital status
(c) Wife/Husband:(1) Name
(2) Address
(d) Father: (1) Full name
(If a minor) (2) Address
(e) Mother: (1) Full name
(If a minor) (2) Address
(f) Next of kin: (1) Full name
(2) Address
(3) Relationship
(g) Legally responsible relative or guardian:
(1) Full name
(2) Address
(3) Relationship
(h)Military service
(i)Previous treatment for mental illness: Give dates and places of treatment, dates of previous hospitalization, etc.
(j)A review of previous behavior or acts which led to involuntary commitment or treatment which are similar or related to the person's present psychiatric condition or status
(2)EXAMINATION
Findings:
(a)Physical condition, including any special test results:
(b)Present mental condition:
(c)Is this patient considered to be a danger to himself? If so, explain:
(d)Is this patient considered to be a danger to others? If so, explain:
(e)Diagnostic impression:
(f)Is the person taking any medication or drugs? List them if known. In your opinion, do these have an effect on the person's current behaviors? If so, explain:
(g)In your opinion, could this person benefit from treatment? If so, please list the least restrictive alternatives:
(h)Signature of qualified mental health professional.
Source:
SDC 1939, §30.0110; SL 1965, ch 146; SDCL, §27-7-10; SL 1975, ch 181, §95; SL 1991, ch 220, §144; SDCL, §27A-9-11; SL 1995, ch 154, §2.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-9 - Expenses of evaluation--Additional examination.

27A-11A-9. Expenses of evaluation--Additional examination.
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 evaluation required in §§27A-10-6 and 27A-15-17.1. The person has the right to obtain an additional examination paid for by the county which may be placed in evidence before the board, the reasonable expense of which shall be reimbursed to the county unless the person is indigent. A lien for the amount of these costs may be filed upon the person's real and personal property to ensure payment.
Source:
SL 1975, ch 181, §88; SL 1976, ch 168, §8; SDCL Supp, §27-7-12.1; SL 1991, ch 220, §145; SDCL, §27A-9-12; SL 1992, ch 189, §17B; SL 1999, ch 143, §7; SL 2000, ch 129, §12.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-10 - Precautions against drugs hampering defense--Record of treatments administered.

27A-11A-10. Precautions against drugs hampering defense--Record of treatments administered.
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 to be hampered in preparing for or participating in the hearing. The board of mental illness at the time of the hearing shall be presented a record of all drugs, medication, and other treatments or interventions the person has received since being taken into custody. For review hearings, the board of mental illness at the time of hearing shall be presented with the medical record containing information on medications and treatments the person has received within the past year.
Source:
SL 1975, ch 181, §89; SDCL Supp, §27-7-12.2; SL 1991, ch 220, §146; SDCL, §27A-9-13; SL 1992, ch 189, §4.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-11 - Personal appearance at hearing--Presentation of evidence--Choosing not to appear.

27A-11A-11. Personal appearance at hearing--Presentation of evidence--Choosing not to appear.
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 the person has been informed of the hearing and of his right to appear and chooses not to exercise this right. Documentation of the reasons for the person's decision may not be required. The board of mental illness may exclude any person not necessary for the conduct of the proceedings from the hearings, except any person requested to be present by the proposed patient.
Source:
SL 1975, ch 181, §90; SDCL Supp, §27-7-12.3; SL 1991, ch 220, §147; SDCL, §27A-9-14.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-12 - Compensation for appointed counsel.

27A-11A-12. Compensation for appointed counsel.
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 an amount approved by the chair of the board of mental illness of the referring county. No lien may be placed against the patient for the cost of counsel related to any pre-commitment hearing or hearing to review commitment status pursuant to §§27A-10-14 and 27A-10-15.
Source:
SL 1974, ch 182, §5; SDCL Supp, §§27-6-13, 27-7-2.1; SL 1975, ch 181, §74; SL 1987, ch 198, §13; SL 1991, ch 220, §148; SDCL Supp, §27A-9-15; SL 2000, ch 129, §13.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-13 - Determining residency.

27A-11A-13. Determining residency.
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 1986, ch 227, §1; SL 1991, ch 220, §149; SDCL Supp, §27A-9-18.1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-14 - Request by county to reopen hearing on question of residence--Time and place of hearing--Notice--Filing and mailing of ultimate finding--Payment of expenses.

27A-11A-14. Request by county to reopen hearing on question of residence--Time and place of hearing--Notice--Filing and mailing of ultimate finding--Payment of expenses.
Within ten days of the auditor's receipt of the committing board's findings regarding the residence and summary of proofs thereon, the county, other than the referring county, in which residence was found to be may request the committing board of mental illness to reopen the hearing upon the question of the person's residence by mailing a request to the chair of the committing board of mental illness. Upon receipt of the request to reopen the commitment hearing, the committing board of mental illness shall, as soon as practicable, afford the county determined to be the person's county of residence an opportunity to appear before the board, at a time and place set by the board and not more than thirty days from the date of the request to reopen the hearing. Notice of the reopened hearing shall be given to the county where the person was found and to the county requesting the reopening of the hearing at least ten days prior to the reopened hearing by mailing notice thereof to the respective county auditors . Either county appearing at the reopened hearing may present any evidence it may have to establish that it is not the county of residence of the person. The board shall then determine, by a preponderance of evidence, the county of residence of the patient and either affirm or modify its prior finding. The ultimate finding of residence shall be filed with the clerk of courts of the committing county and the county of residence with copies mailed to the administrator of the center or other facility where the person is undergoing treatment.
The referring county shall pay any expenses incurred by the committing board in conducting any reopened hearing, subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the patient for the costs incurred in conducting any reopened hearing requested by county regarding the question of residence.
Source:
SL 1986, ch 227, §3; SL 1987, ch 198, §13A; SL 1988, ch 216, §3; SL 1991, ch 220, §150; SDCL Supp, §27A-9-18.2; SL 1999, ch 143, §8; SL 2000, ch 129, §14.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-15 - Attorney general notified of findings as to nonresidency in state.

27A-11A-15. Attorney general notified of findings as to nonresidency in state.
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, ch 220, §151; SDCL Supp, §27A-9-18.3.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-16 - Hearing reopened at attorney general's request--Notice--Mailing of ultimate findings--Payment of expenses.

27A-11A-16. Hearing reopened at attorney general's request--Notice--Mailing of ultimate findings--Payment of expenses.
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 committing board of mental illness. Notice of the reopened hearing shall be given to any county adversely interested and to the attorney general at least ten days prior to the reopened hearing by mailing notice to the county auditor of any county adversely interested and to the attorney general. Any county adversely interested or the attorney general may present evidence to establish the residence of the person at the reopened hearing. The board shall then determine, by a preponderance of evidence, whether the person is a resident of a particular county or whether the patient is not a resident of the state and shall affirm or modify its prior finding. The ultimate finding of residence shall be filed with the clerk of courts of the committing county and copies thereof mailed to the administrator of the center or other facility where the patient is undergoing treatment and to the auditor of any county found to be the residence of the patient or to the attorney general if the person is found not to be a resident of the state.
Expenses incurred by the committing board in conducting any reopened hearing shall be paid by the referring county, 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.
Source:
SL 1986, ch 227, §5; SL 1988, ch 216, §4; SL 1991, ch 220, §152; SDCL Supp, §27A-9-18.4.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-17 - County of residence to refund attorney general's expenses.

27A-11A-17. County of residence to refund attorney general's expenses.
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.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-18 - Distribution of copies of board findings and documents.

27A-11A-18. Distribution of copies of board findings and documents.
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 psychiatric facility, the program director, by immediately forwarding a duplicate copy of the report of the examining qualified mental health professional, a duplicate order committing the person or ordering treatment, and the findings of the board including the board's finding regarding the county of residence of the person or its finding that such person is not a resident of this state.
Source:
SDC 1939, §§30.0108, 30.0113; SL 1945, ch 126; SDCL §§27-7-17, 27-7-22; SL 1975, ch 181, §§97, 100; SL 1980, ch 10, §6; SL 1986, ch 227, §2; SL 1991, ch 220, §154; SDCL Supp, §27A-9-19; SDCL §27A-9-31; SL 2012, ch 149, §24.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-19 - Hearing required prior to transfer of involuntarily committed patient--Petition--Payment of expenses.

27A-11A-19. Hearing required prior to transfer of involuntarily committed patient--Petition--Payment of expenses.
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 the board. The person shall have at least five days notice of the hearing and has the right to be represented by an attorney. At the time of the notice, the board chair shall appoint an attorney to represent the person if that person has not retained counsel.
If transfer to the more restrictive treatment facility is necessary to prevent the immediate danger of physical harm to the person or others, the transfer may be authorized by the chair of the board pending the hearing. The hearing shall be held within five days of the initiation of the transfer, 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.
Upon completion of the hearing, if the board finds by clear and convincing evidence supported by written findings of fact and conclusions of law that the proposed transfer meets the criteria in §27A-10-9.1, the board may authorize the transfer pursuant to the initial commitment order. The transfer hearing does not substitute for the review hearings to which the person would otherwise be entitled under §§27A-10-14 and 27A-10-15.
The county board of mental illness authorizing a transfer under this section may authorize the sheriff of the county from which the person was initially committed to transfer the person at the expense of the county. 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.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-20 - Appointment of escort to convey patient to center--Same sex--Expenses--Relative as escort.

27A-11A-20. Appointment of escort to convey patient to center--Same sex--Expenses--Relative as escort.
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 expenses may be allowed such attendant.
If any relative or member of the family of the person desires to convey such person to the center or facility, the chairman of the board may authorize such relative or member of the family to take charge of such person to convey him to the center or facility; provided, that in the judgment of the chairman of the board such relative or member of the family is a competent person for that purpose and that such person can with safety be entrusted to the care of such relative while en route.
Source:
SDC 1939, §§30.0113, 30.0114; SL 1945, ch 126; SDCL, §§27-7-25, 27-7-26; SL 1975, ch 181, §101; SL 1991, ch 220, §157; SDCL, §27A-9-26.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-21 - Noncompliance with treatment order--Alternative treatment--Notice and right to counsel.

27A-11A-21. Noncompliance with treatment order--Alternative treatment--Notice and right to counsel.
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 and direct the person to undergo an alternative program of treatment consistent with the criteria in §27A-10-9.1. At least five days' notice of the hearing shall be given to the person, and the person shall be represented by counsel.
Source:
SL 1975, ch 181, §91; SDCL Supp, §27-7-19.1; SL 1991, ch 220, §158; SDCL §27A-9-28; SL 2012, ch 149, §25.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-22 - Unsuccessful treatment--Hearing--Modification of treatment.

27A-11A-22. Unsuccessful treatment--Hearing--Modification of treatment.
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 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 represented by counsel and the person and the counsel shall be given at least five days notice of the hearing. If the board finds that the program of treatment has not been successful, it shall modify the original order and direct the person to undergo an alternative program of treatment if consistent with the criteria in §27A-10-9.1.
If at any time while the person is under an order of commitment the administrator, facility director, or program director determines that the program of treatment has not been successful, the administrator, facility director, or program director shall notify the board of mental illness of that fact.
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.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-23 - Fund designated for expenses of commitment proceeding.

27A-11A-23. Fund designated for expenses of commitment proceeding.
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 general fund.
Source:
SDC 1939, §30.0120; SL 1951, ch 155; SL 1961, ch 154; SDCL, §27-6-11; SL 1975, ch 181, §80; SL 1991, ch 220, §160; SDCL, §27A-9-33.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-25 - Appeal of final order--Costs for indigent person.

27A-11A-25. Appeal of final order--Costs for indigent person.
A person may appeal a final order of a county board of mental illness pursuant to any hearing or review conducted under this title. In the case of a minor, or a person for whom the guardian has been appointed, such right to appeal may be exercised on behalf of the person by an attorney. The person shall be advised of this right upon the termination of any proceedings, both verbally and in writing. 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 board of county commissioners of the county where an indigent person has residence shall provide for the cost of representation of the person through the conclusion of actions brought under this section.
Source:
SL 1991, ch 220, §162; SL 1999, ch 143, §9.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-26 - Appointed attorney not guardian ad litem.

27A-11A-26. Appointed attorney not guardian ad litem.
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.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-27 - Guardianship of estate unaffected by board proceedings.

27A-11A-27. Guardianship of estate unaffected by board proceedings.
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 custody, treatment, care, and other regulation and rights of an involuntarily committed person.
Source:
SDC 1939, §30.0109; SDCL, §27-7-21; SL 1975, ch 181, §99; SL 1991, ch 220, §164; SDCL, §27A-9-27.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 11A - Hearings Procedure › Section 27A-11A-28 - Location and conduct of hearings and reviews.

27A-11A-28. Location and conduct of hearings and reviews.
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 1991, ch 220, §165.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness › Section 27A-12-1 - Individual privacy and dignity to be respected.

27A-12-1. Individual privacy and dignity to be respected.
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, detained, or transported in accordance with the provisions of this title.
Source:
SL 1975, ch 181, §3; SDCL Supp, §27-1-7; SL 1991, ch 220, §166.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness › Section 27A-12-1.1 - "Person" defined.

27A-12-1.1."Person" defined.
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.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness › Section 27A-12-1.2 - Commitment not conclusive on competence.

27A-12-1.2. Commitment not conclusive on competence.
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 privileges accorded to citizens of South Dakota solely by reason of his detention, admission, or commitment under this title.
Source:
SL 1975, ch 181, §44; SDCL Supp, §27-2-6; SL 1991, ch 220, §169; SDCL, §27A-12-5.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness › Section 27A-12-3 - Notice of rights furnished patient--Display.

27A-12-3. Notice of rights furnished patient--Display.
Each person admitted or involuntarily detained or committed has the right to be informed promptly upon entering the facility or program and periodically thereafter, both verbally and in writing in language and terms appropriate to such person's condition and ability to understand, of the rights described in this chapter.
A notice listing and describing in language and terms appropriate to the ability of persons to whom such notice is addressed to understand the rights described in this chapter shall be prominently displayed in locations accessible to such persons.
Source:
SL 1975, ch 181, §26; SDCL Supp, §27-4-22.2; SL 1991, ch 220, §170.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness › Section 27A-12-3.1 - Rights enumerated--Limitations on rights.

27A-12-3.1. Rights enumerated--Limitations on rights.
Any person, if otherwise qualified, has the right to:
(1)Refuse to be photographed or fingerprinted;
(2)Remain silent and fully clothed;
(3)Be allowed access to toilet facilities upon request, to have limited access to his own money unless a conservator has been appointed, and keep as much money in his personal possession as he deems necessary, to purchase his personal articles such as variety store items, and at least two hours of exercise each day;
(4)Receive any visitors during regular visiting hours, to communicate with individuals outside the facility, to send and receive uncensored and unopened mail and be given adequate writing paper, pencils, envelopes, and stamps, and to have access to a telephone. Local calls shall be allowed without charge and the person shall be allowed long distance calls if he is able to pay for them or can charge them to another number;
(5)Wear his own clothes and keep his own toilet articles and have adequate storage space for his personal effects;
(6)Converse with others in private;
(7)Receive prompt, adequate medical treatment for illness;
(8)Participate in religious services, on a voluntary basis, in accordance with the person's needs, desires, and capabilities and also in accordance with their basic right to freedom of religion.
Reasonable limitations may be placed on these rights on an individual basis if each limitation is essential in order to prevent the person from violating a law or to prevent substantial and serious physical or mental harm to himself or others. Each limitation shall be approved by the administrator or facility director and shall be documented in the person's record, stating the reasons for such limitations, and the length of time such limitation is imposed.
Source:
SDC 1939, §30.0124; SDCL, §27-7-42; SL 1975, ch 181, §§8, 18, 22, 27; SDCL Supp, §§27-4-22.1, 27-7-35.1, 27-7-54; SL 1989, ch 21, §93; SL 1991, ch 220, §175; SDCL, §§27A-12-2, 27A-12-7, 27A-12-9; SDCL Supp, §27A-12-18.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness › Section 27A-12-3.2 - Right to treatment through spiritual means.

27A-12-3.2. Right to treatment through spiritual means.
Nothing in this title or in any rule adopted pursuant thereto may be construed to deny treatment by spiritual means through prayer for any person detained for evaluation or treatment, who desires such treatment, or to a minor if his parent or guardian desires such treatment, but not in conflict with subdivision 27A-12-3.1(7).
Source:
SL 1975, ch 181, §31; SDCL Supp, §27-7-35.2; SL 1990, ch 170, §6; SL 1991, ch 220, §177; SDCL Supp, §27A-12-22; SL 1993, ch 213, §125.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness › Section 27A-12-3.3 - Right of access to protection of receiving assistance.

27A-12-3.3. Right of access to protection of receiving assistance.
Notwithstanding §27A-12-3.1, a person has the right to access to, including opportunities and facilities for private communications with, any available rights protection service, or to a system designated to provide protection of receiving assistance to understand, exercise, and protect the rights described in this section and in other provisions of law.
Source:
SL 1991, ch 220, §178.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness › Section 27A-12-3.4 - Labor for benefit of facility.

27A-12-3.4. Labor for benefit of facility.
A person may perform labor which contributes to the operation and the maintenance of the facility for which the facility would otherwise employ someone only if the person voluntarily agrees to perform the labor and if the person is compensated appropriately and in accordance with all applicable state and federal labor laws.
Source:
SL 1975, ch 181, §23; SDCL Supp, §27-7-66; SL 1991, ch 220, §180; SDCL, §27A-12-23.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness › Section 27A-12-3.5 - Discharge not conditioned on labor--Compensation exempt from facility charges.

27A-12-3.5. Discharge not conditioned on labor--Compensation exempt from facility charges.
In no event may discharge be conditioned upon the completion of any labor performed under §27A-12-3.4, and one-half of any compensation paid to the person shall be exempt from collection for payment for services rendered by the facility.
Source:
SL 1975, ch 181, §23; SDCL Supp, §27-7-67; SL 1991, ch 220, §182; SDCL, §27A-12-24.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness › Section 27A-12-3.6 - Comprehensive individualized treatment plan--Right to participate in planning--Purpose of plan--Periodic review.

27A-12-3.6. Comprehensive individualized treatment plan--Right to participate in planning--Purpose of plan--Periodic review.
Each person has the right to the implementation of a comprehensive individualized treatment plan developed by appropriate qualified mental health professionals, including a psychiatrist. The treatment plan shall be consistent with current standards for facilities and programs and may not consist solely of chemical or drug therapy unless supported by sufficient psychiatric and medical opinion.
A person has the right to ongoing participation, in a manner appropriate to such person's capabilities, in the planning of services to be provided such person, including the right to participate in the development and periodic review and revision of the plan and, in connection with such participation, the right to be provided with a reasonable explanation, in terms and language appropriate to such person's condition and ability to understand, of the following:
(1)Such person's general mental condition and, if a physical examination has been provided, such person's general condition;
(2)The objective of treatment;
(3)The nature and significant possible adverse effects of recommended treatments;
(4)The reasons why a particular treatment is considered appropriate;
(5)The reasons why certain rights enumerated under §27A-12-3.1, may have been limited;
(6)Any appropriate and available alternative treatments, services, and types of providers of mental health services; and
(7)An aftercare plan to facilitate discharge.
Treatment plans shall be designed to achieve discharge at the earliest appropriate time and to maximize each person's development and acquisition of perceptual skills, social skills, self-direction, emotional stability, effective use of time, basic knowledge, vocational occupational skills, and social and economic values relevant to the community in which the person lives.
A qualified mental health professional who is a member of the person's treatment team shall periodically review, follow-up, and update all individualized treatment plans.
Source:
SL 1975, ch 181, §§6, 7; SDCL Supp, §§27-7-50, 27-7-51, 27-7-53; SL 1987, ch 198, §21; SL 1991, ch 220, §186; SDCL Supp, §27A-12-11; SDCL, §§27A-12-12, 27A-12-13; SL 2000, ch 129, §15.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness › Section 27A-12-3.7 - Aftercare plan to facilitate discharge.

27A-12-3.7. Aftercare plan to facilitate discharge.
An aftercare plan shall be developed cooperatively between the person, the legal guardian, if any, and if requested by the person or guardian, family members or others, the facility or program to which the person is committed or admitted, and the mental health center located in the regional district to which the person will be discharged. A copy of the plan shall be delivered to the person and the legal guardian, if any. The plan shall:
(1)Specify the services required in the community to meet the person's needs for treatment, vocation, housing, nutrition, physical care, and safety;
(2)Specify any income subsidies for which the person is eligible; and
(3)Identify local and state agencies which can provide services and support to the person.
Participation in the discharge plan shall be at the person's discretion and the person's refusal to participate may not be considered a basis for continued detention if the person is otherwise entitled to discharge.
Source:
SL 1991, ch 220, §187; SL 2000, ch 129, §16.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness › Section 27A-12-3.8 - Examination and review of behavioral status after admission.

27A-12-3.8. Examination and review of behavioral status after admission.
Each person shall have a physical and mental examination and review of behavioral status within forty-eight hours, excluding Saturdays, Sundays, and holidays, after admission.
Source:
SL 1975, ch 181, §4; SDCL Supp, §27-7-49; SL 1991, ch 220, §189; SDCL, §27A-12-10.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness › Section 27A-12-3.9 - Review of need for continued treatment--Release if implementation of treatment plan untimely.

27A-12-3.9. Review of need for continued treatment--Release if implementation of treatment plan untimely.
No later than ten days after a person is committed, the administrator, facility director or, if the person is not committed to an inpatient psychiatric facility, the director of the program shall have the person and his records examined to determine whether the commitment should be continued, and whether a treatment plan complying with §27A-12-3.6 has been implemented. If a treatment plan has not been implemented within ten days, the person shall be released immediately unless he agrees to continue with treatment on a voluntary basis. Within thirty days after such review, and within every ninety days thereafter, the administrator or other such director shall have the person and his records examined to determine whether the commitment should be continued pursuant to §27A-14-2.
Source:
SL 1975, ch 181, §5; SDCL Supp, §27-7-52; SL 1991, ch 220, §191; SDCL, §27A-12-15.