27A-10-22. Discretion of law enforcement officer to arrest--Priority given to placement.
The provisions of §27A-10-21 do not limit the law enforcement officer's discretion in arresting a person for a criminal offense. However, the law enforcement officer shall give priority to placing a severely mentally ill person who has also committed a misdemeanor offense in a mental health facility and a person intoxicated or incapacitated by the effects of alcohol or drugs, as defined by §34-20A-2, who has also committed a misdemeanor offense in a detoxification facility.
Source: SL 2010, ch 142, §2.
Structure 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.
Section 27A-10-4 - Petition on person apprehended.
Section 27A-10-6 - Examination of person detained--Report to chair--Expenses of examination.
Section 27A-10-7.1 - Chairman to make final determination where person voluntarily admits himself.
Section 27A-10-7.2 - Refusal of prehearing admission.
Section 27A-10-8 - Time limit for involuntary commitment hearing--Payment of expenses.
Section 27A-10-9.3 - Least restrictive treatment alternative.
Section 27A-10-15 - Additional review hearings.
Section 27A-10-16 - Emergency apprehension--Evaluation by designated mental health professional.
Section 27A-10-20 - Definition of terms related to crisis referral and placement.
Section 27A-10-22 - Discretion of law enforcement officer to arrest--Priority given to placement.
Section 27A-10-23 - Immunity from liability--Mobile crisis referral--Exception.