27A-11A-22. Unsuccessful treatment--Hearing--Modification of treatment.
If at any time while a person is under an order of commitment it comes to the attention of the board of mental illness that the program of treatment has not been successful, the board shall conduct a hearing within five days, within six days if there is a Saturday, Sunday, or holiday within that time period, or within seven days if there is a Saturday, Sunday, and holiday within that time period. The person shall be represented by counsel and the person and the counsel shall be given at least five days notice of the hearing. If the board finds that the program of treatment has not been successful, it shall modify the original order and direct the person to undergo an alternative program of treatment if consistent with the criteria in §27A-10-9.1.
If at any time while the person is under an order of commitment the administrator, facility director, or program director determines that the program of treatment has not been successful, the administrator, facility director, or program director shall notify the board of mental illness of that fact.
Source: SL 1975, ch 181, §92; SDCL §27-7-19.2; SL 1991, ch 220, §159; SDCL §27A-9-29; SL 1997, ch 164, §4; SL 2012, ch 149, §26.
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.