South Dakota Codified Laws
Chapter 10 - Emergency Commitment
Section 27A-10-8 - Time limit for involuntary commitment hearing--Payment of expenses.

27A-10-8. Time limit for involuntary commitment hearing--Payment of expenses.
Within five days after the person is taken into custody, 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 must be provided an involuntary commitment hearing. The hearing may be continued for good cause prior to the running of the applicable time period. The referring county shall pay any expenses incurred by the board holding the hearing, including the transportation of the person to the hearing, subject to reimbursement by the county ultimately proven to be the county of residence.
No lien may be placed against the person for the expenses incurred by the board holding the hearing, including the transportation of the person to the hearing.

Source: SL 1974, ch 184, §8; SL 1975, ch 181, §111; SDCL Supp, §27-7A-10; SL 1977, ch 212, §4; SL 1988, ch 216, §7; SL 1991, ch 220, §119; SL 1997, ch 164, §2; SL 1999, ch 143, §3; SL 2000, ch 129, §9; SL 2022, ch 85, §1.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 27A - Mentally Ill Persons

Chapter 10 - Emergency Commitment

Section 27A-10-1 - Petition asserting need for immediate intervention of mentally ill person--Contents.

Section 27A-10-1.1 - Center as appropriate regional facility in certain circumstances.

Section 27A-10-1.2 - Appropriate regional facility--Application for Designation by Department of Social Services--Requirements.

Section 27A-10-2 - Order for apprehension of subject--Transportation to appropriate facility--Payment of expenses.

Section 27A-10-3 - Apprehension by peace officer of person believed to require emergency intervention--Transportation to appropriate regional facility.

Section 27A-10-4 - Petition on person apprehended.

Section 27A-10-5 - Notification of rights upon custody, detention, or filing of petition--Notice to county board where person apprehended.

Section 27A-10-6 - Examination of person detained--Report to chair--Expenses of examination.

Section 27A-10-7 - Results of examination--Person released upon failure of examination to meet criteria--Continued detention if criteria met.

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 - Testimony of qualified mental health professional--Availability and appropriateness of alternatives.

Section 27A-10-9.1 - Ninety-day initial commitment to facility or outpatient treatment program--Release--Transportation--Notice of right to appeal.

Section 27A-10-9.2 - Medical treatment for mental illness or treatment of co-occurring substance use disorder.

Section 27A-10-9.3 - Least restrictive treatment alternative.

Section 27A-10-9.4 - Failure to comply with requirements of outpatient commitment or treatment order.

Section 27A-10-9.5 - Transportation by law enforcement--Limit upon detention and nonconsensual medication.

Section 27A-10-9.6 - Failure to comply with outpatient commitment or treatment order--Supplemental hearing--Alternative disposition.

Section 27A-10-9.7 - Detention by law enforcement officer for emergency intervention--Immunity from civil liability.

Section 27A-10-14 - Review hearing after involuntary commitment order--Notice--Rights and procedures.

Section 27A-10-15 - Additional review hearings.

Section 27A-10-16 - Emergency apprehension--Evaluation by designated mental health professional.

Section 27A-10-17 - Prehearing admission and commitment denied if medical condition exceeds center's capacity.

Section 27A-10-18 - Refusal of admission and commitment when medical condition exceeds center's capacity.

Section 27A-10-19 - Twenty-four hour hold of severely mentally ill person permitted--Notice to county board.

Section 27A-10-20 - Definition of terms related to crisis referral and placement.

Section 27A-10-21 - Referral to mobile crisis team or crisis intervention team certified law enforcement officer--Voluntary resolution or 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.

Section 27A-10-24 - Report to attorney general of certain names for reporting to National Instant Criminal Background Check System.