24-11B-2. Hearing before panel--Panel members--Prisoner rights.
Prior to involuntary feeding or hydration, the prisoner shall receive a hearing before a panel consisting of two medical representatives and a representative of the jail or prison. The medical representatives shall be a physician, physician assistant, or certified nurse practitioner. No panel member may have participated in the prisoner's current diagnosis, evaluation, or treatment. The prisoner has the right to notice of the hearing at least forty-eight hours in advance, the right to attend the hearing, the right to present evidence and cross-examine witnesses, and the right to representation by a disinterested lay advisor.
Source: SL 2005, ch 131, §2; SL 2017, ch 171, §50.
Structure South Dakota Codified Laws
Title 24 - Penal Institutions, Probation and Parole
Chapter 11B - Prisoner Involuntary Feeding and Hydration
Section 24-11B-2 - Hearing before panel--Panel members--Prisoner rights.
Section 24-11B-3 - Duties and powers of hearing panel.
Section 24-11B-4 - Order upon majority vote of panel--Written decision--Appeals.
Section 24-11B-5 - Emergency involuntary feeding or hydration without panel review--Limitation.
Section 24-11B-6 - Continuation of feeding or hydration--Determination by physician.
Section 24-11B-7 - Records--Content.
Section 24-11B-8 - Liability for involuntary feeding or hydration of prisoner.