24-2-33. Hearing required prior to treatment with psychotropic medication.
Prior to involuntary treatment with psychotropic medication, the inmate shall receive a hearing before a panel consisting of a psychiatrist, a physician, and a representative of the warden, none of whom may have participated in the inmate's current diagnosis, evaluation, or treatment. The inmate has the right to notice of the hearing, the right to attend the hearing, and the right to present evidence and cross-examine witnesses, and the right to representation by a disinterested lay advisor knowledgeable about psychological issues. The panel may order involuntary treatment with psychotropic medication by majority vote of the panel if the psychiatrist is in the majority. The inmate may appeal the decision of the panel to the secretary of corrections. The inmate may appeal the decision of the secretary to circuit court pursuant to chapter 1-26.
Source: SL 1996, ch 159, ยง2.
Structure South Dakota Codified Laws
Title 24 - Penal Institutions, Probation and Parole
Chapter 02 - Care And Discipline Of Penitentiary Inmates
Section 24-2-1 - Inmates under custody of warden--Delegation of powers.
Section 24-2-2 - Delivery of inmate to warden--Warden's receipt.
Section 24-2-5 - Disposition of inmate's personal effects.
Section 24-2-6 - Maintenance of order--Prevention of escapes.
Section 24-2-9 - Disciplinary sanctions authorized--Corporal punishment prohibited.
Section 24-2-10 - Unauthorized injury to inmate--Punishment.
Section 24-2-12 - Punitive confinement--Forfeiture of good conduct time.
Section 24-2-12.1 - Earning back forfeited good conduct time.
Section 24-2-12.2 - Restoration of good conduct time.
Section 24-2-19 - Documentation of pertinent information regarding inmates.
Section 24-2-20.1 - Governmental entities defined.
Section 24-2-22 - Possession of unauthorized articles with intent to deliver to prisoner as felony.
Section 24-2-25 - Extension of confinement limits to permit visits to designated places.
Section 24-2-27.1 - Halfway house defined.
Section 24-2-28 - Costs of confinement and services--Liability of inmate.
Section 24-2-29.1 - Rules authorizing sanctions for inmate abuse of court system.
Section 24-2-30 - Policy on inmate work.
Section 24-2-31 - Contracts for inmate health care services exempt from state insurance regulations.
Section 24-2-32 - Involuntary treatment with psychotropic medication for severe mental illness.
Section 24-2-33 - Hearing required prior to treatment with psychotropic medication.
Section 24-2-34 - Periodic review of psychotropic treatment.
Section 24-2-35 - Emergency treatment with psychotropic medication.
Section 24-2-36 - Records of involuntary treatment with psychotropic medication.
Section 24-2-37 - Training on symptoms of mental health problems and defusing mental health crises.