27A-10-9.1. Ninety-day initial commitment to facility or outpatient treatment program--Release--Transportation--Notice of right to appeal.
Upon completion of the hearing provided in §27A-10-8, the board of mental illness may order the involuntary commitment of the person for an initial period not to exceed ninety days if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law, that:
(1)The person meets the criteria in §27A-1-2;
(2)The person needs and is likely to benefit from the treatment which is proposed; and
(3)The commitment is to the least restrictive treatment alternative.
The board may commit the person to the Human Services Center or a veterans' administration hospital. The board may also commit the person to a private facility or an outpatient treatment program, if that facility or program agrees to accept the commitment and if the commitment will not result in liability to any county for the cost of treating such person.
If the above findings are not made, the board shall order that the person be released. Following such release, the referring county shall provide the person with transportation to the county where the person was taken into custody if the person chooses. The county ultimately shown to be the county of residence shall reimburse the referring county for any transportation costs. However, the provisions of chapter 28-14 do not apply. If the board orders the involuntary commitment of the person, the board shall immediately notify the person and the person's attorney of the right to appeal pursuant to §27A-11A-25.
Source: SL 1987, ch 198, §17; SL 1991, ch 220, §121; SL 1992, ch 189, §35; SL 1995, ch 159; SL 1999, ch 143, §4; SL 2012, ch 149, §17.
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.