South Dakota Codified Laws
Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness
Section 27A-12-32.2 - Habeas corpus available for committed, confined, detained, or restrained person.

27A-12-32.2. Habeas corpus available for committed, confined, detained, or restrained person.
Any person involuntarily committed by a board of mental illness and any person confined or in any manner detained or restrained is entitled to the benefit of the writ of habeas corpus. If the court finds that the criteria in §27A-10-9.1 are met, the court may authorize continued involuntary commitment. Such authorization is not a bar to the issuing of the writ the second time if it is alleged that the criteria in §27A-10-9.1 are no longer met.

Source: SDC 1939, §30.0111; SDCL, §27-10-1; SL 1975, ch 181, §134; SL 1991, ch 220, §244; SDCL, §27A-12-4.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 27A - Mentally Ill Persons

Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness

Section 27A-12-1 - Individual privacy and dignity to be respected.

Section 27A-12-1.1 - "Person" defined.

Section 27A-12-1.2 - Commitment not conclusive on competence.

Section 27A-12-3 - Notice of rights furnished patient--Display.

Section 27A-12-3.1 - Rights enumerated--Limitations on rights.

Section 27A-12-3.2 - Right to treatment through spiritual means.

Section 27A-12-3.3 - Right of access to protection of receiving assistance.

Section 27A-12-3.4 - Labor for benefit of facility.

Section 27A-12-3.5 - Discharge not conditioned on labor--Compensation exempt from facility charges.

Section 27A-12-3.6 - Comprehensive individualized treatment plan--Right to participate in planning--Purpose of plan--Periodic review.

Section 27A-12-3.7 - Aftercare plan to facilitate discharge.

Section 27A-12-3.8 - Examination and review of behavioral status after admission.

Section 27A-12-3.9 - Review of need for continued treatment--Release if implementation of treatment plan untimely.

Section 27A-12-3.10 - Application for transfer from involuntary to voluntary status.

Section 27A-12-3.11 - Emergency surgery or treatment--Documentation of necessity--Immunity from liability--Health care--Sterilization.

Section 27A-12-3.12 - Right to refuse being subjected to research or experimental or intrusive procedures or medication--Exceptions.

Section 27A-12-3.13 - Petition for authority to administer psychotropic medication or other medical treatment--Examination and physician opinion of incapacity to consent required.

Section 27A-12-3.14 - Service of petition and notice of hearing--Content--Appointment of counsel--Hearing.

Section 27A-12-3.15 - Order for psychotropic medication or other treatment when person incapable of consent.

Section 27A-12-3.16 - Time limit for administration of psychotropic medication or other medical treatment--Termination of order--Review of necessity of treatment.

Section 27A-12-3.17 - Compensation of appointed attorney by county of residence.

Section 27A-12-3.18 - Access to attorney and private physician.

Section 27A-12-3.19 - Personal appearance at hearing not compulsory--Presenting evidence.

Section 27A-12-3.21 - Experimental research and hazardous procedure to be approved by secretary of social services.

Section 27A-12-3.22 - Psychosurgery, aversive stimuli, and substantial deprivations prohibited.

Section 27A-12-6.1 - Restrictive treatment procedures--Documentation--Prior approval-- Limitation.

Section 27A-12-6.2 - Seclusion or restraint--Clinical justification required--Rationale--Appropriate manner.

Section 27A-12-25 - Individual records required--Contents--Confidentiality.

Section 27A-12-25.1 - Information closed to public inspection--Sealed upon termination of proceedings.

Section 27A-12-26 - Confidentiality of information acquired in course of providing mental health services.

Section 27A-12-26.1 - Access to own records--Exceptions--Confidentiality following discharge.

Section 27A-12-27 - Obligation to disclose confidential information.

Section 27A-12-27.1 - Request for notice and notice of pending discharge.

Section 27A-12-27.2 - Detention of person subject to petition for involuntary commitment if necessary for law enforcement to obtain custody.

Section 27A-12-27.3 - Immunity from liability for good faith detention.

Section 27A-12-29 - Discretionary disclosure of confidential information.

Section 27A-12-30 - Released information approved by administrator--Record of release.

Section 27A-12-31 - Identity of patient protected in disclosing information--Disclosure limited by germaneness.

Section 27A-12-32 - Disclosure by recipient of confidential information.

Section 27A-12-32.1 - Asserting grievances.

Section 27A-12-32.2 - Habeas corpus available for committed, confined, detained, or restrained person.

Section 27A-12-33 - Provisions of title do not replace or limit other rights.

Section 27A-12-33.1 - Exercise of rights.

Section 27A-12-34 - Notification to guardian or next of kin as to admission or commitment to, or discharge from, Human Services Center.