South Dakota Codified Laws
Chapter 10 - Emergency Commitment
Section 27A-10-9.3 - Least restrictive treatment alternative.

27A-10-9.3. Least restrictive treatment alternative.
Any such treatment or commitment order pursuant to §§27A-10-9.1 and 27A-10-9.2 shall be to the least restrictive treatment alternative. The procedure for the board's consideration of these petitions concurrent with the §27A-10-8 hearing shall be governed by chapter 27A-11A, which shall control to the extent of any procedural conflicts contained in chapter 27A-12 or 34-20A.

Source: SL 2012, ch 149, §19.

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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.