27A-10-9.7. Detention by law enforcement officer for emergency intervention--Immunity from civil liability.
Nothing provided in §§27A-10-9.4 to 27A-10-9.6, inclusive, limits the authority of any law enforcement officer to detain a patient pursuant to the emergency authority conferred by §27A-10-3. Any law enforcement officer who in good faith performs any act of taking custodial charge, transportation, delivery, or other commitment procedure at the request of or direction of another under the provisions of §§27A-10-9.1 to 27A-10-9.6, inclusive, is immune from any civil liability that might otherwise be incurred or imposed. The immunity from civil liability under this section does not apply if a resulting injury was due to willful or wanton misconduct.
Source: SL 2012, ch 149, §23.
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.