27A-10-9. Testimony of qualified mental health professional--Availability and appropriateness of alternatives.
The board of mental illness conducting the involuntary commitment hearing as provided in §27A-10-8 shall order testimony by a qualified mental health professional, other than the professional who submitted the petition under §27A-10-1 or initiated the hold under §27A-10-19, who shall assess the availability and appropriateness of treatment alternatives, including treatment programs other than inpatient treatment and whether such programs are available at the mental health center serving the area in which the person was apprehended or resides. Such testimony shall include what alternatives are or should be made available, what alternatives were investigated, and why any investigated alternatives are not deemed appropriate.
If the board determines that alternatives to inpatient treatment are appropriate, commitment for inpatient treatment to the center or other inpatient psychiatric facility may not be ordered and commitment shall be to the least restrictive treatment alternative as required in subdivision 27A-10-9.1(3).
Source: SL 1974, ch 184, §9; SL 1975, ch 181, §112; SDCL Supp, §27-7A-15; SL 1991, ch 220, §120; SL 2020, ch 113, § 1.
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.