27A-10-9.6. Failure to comply with outpatient commitment or treatment order--Supplemental hearing--Alternative disposition.
If a person fails to comply with the requirement of the outpatient commitment or treatment order, and the person's treating physician or the staff of the outpatient treatment program believes that there is a significant risk of deterioration in the person's condition, the program director or the treating physician may notify the chair of the county board of mental illness that issued the outpatient commitment or treatment order, the chair of the board where the person is located, the office of the state's attorney of the county where the person is located, and the office of the state's attorney of the county where the person is subject to the outpatient commitment or treatment order, and recommend an appropriate alternate disposition under §27A-11A-21 or 27A-11A-22.
Within seventy-two hours of receiving notification under this section, the state's attorney may file a petition with the board or the court for, or the chair of the board or the court may order, a supplemental hearing, or the chair of the board or the court may proceed under any other section of this title. The board or the court shall hold the hearing in accordance with the procedures specified in this title. The chair of the board or the court may order the apprehension and transportation of the person to attend the hearing.
Source: SL 2012, ch 149, §22; SL 2020, ch 114, § 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.