27A-11A-16. Hearing reopened at attorney general's request--Notice--Mailing of ultimate findings--Payment of expenses.
Within ten days of the attorney general's receipt of the committing board's findings regarding residence and summary of proofs thereon, the attorney general may request the committing board of mental illness to reopen the hearing by mailing a request to the chairman of the committing board of mental illness. Notice of the reopened hearing shall be given to any county adversely interested and to the attorney general at least ten days prior to the reopened hearing by mailing notice to the county auditor of any county adversely interested and to the attorney general. Any county adversely interested or the attorney general may present evidence to establish the residence of the person at the reopened hearing. The board shall then determine, by a preponderance of evidence, whether the person is a resident of a particular county or whether the patient is not a resident of the state and shall affirm or modify its prior finding. The ultimate finding of residence shall be filed with the clerk of courts of the committing county and copies thereof mailed to the administrator of the center or other facility where the patient is undergoing treatment and to the auditor of any county found to be the residence of the patient or to the attorney general if the person is found not to be a resident of the state.
Expenses incurred by the committing board in conducting any reopened hearing shall be paid by the referring county, subject to reimbursement by the county ultimately proven to be the county of residence or if a nonresident of the state, by the State of South Dakota.
Source: SL 1986, ch 227, §5; SL 1988, ch 216, §4; SL 1991, ch 220, §152; SDCL Supp, §27A-9-18.4.
Structure South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 11A - Hearings Procedure
Section 27A-11A-1.1 - Petitions, applications, and documents made under oath or affirmation.
Section 27A-11A-1.2 - Qualification of electronic document as signed document.
Section 27A-11A-1.3 - Assurance of authenticity of electronic signature.
Section 27A-11A-1.4 - Electronically transmitted facsimile.
Section 27A-11A-3 - Filing of board papers with clerk of courts--Confidentiality and access.
Section 27A-11A-4 - State's attorney to represent petitioners--Reasonable costs.
Section 27A-11A-5 - Personal service of petition and notice of hearing--Contents of notice.
Section 27A-11A-6 - Sheriff's and witnesses' fees.
Section 27A-11A-7 - Assignment of counsel to represent alleged mentally ill person--Time allowed.
Section 27A-11A-9 - Expenses of evaluation--Additional examination.
Section 27A-11A-10 - Precautions against drugs hampering defense--Record of treatments administered.
Section 27A-11A-12 - Compensation for appointed counsel.
Section 27A-11A-13 - Determining residency.
Section 27A-11A-15 - Attorney general notified of findings as to nonresidency in state.
Section 27A-11A-17 - County of residence to refund attorney general's expenses.
Section 27A-11A-18 - Distribution of copies of board findings and documents.
Section 27A-11A-22 - Unsuccessful treatment--Hearing--Modification of treatment.
Section 27A-11A-23 - Fund designated for expenses of commitment proceeding.
Section 27A-11A-24 - Rules of evidence.
Section 27A-11A-25 - Appeal of final order--Costs for indigent person.
Section 27A-11A-26 - Appointed attorney not guardian ad litem.
Section 27A-11A-27 - Guardianship of estate unaffected by board proceedings.
Section 27A-11A-28 - Location and conduct of hearings and reviews.