27B-7-39. Annual review of commitment order--Provision of report--Notice of hearing--Participation at hearing--Procedures--Results of hearing.
The county review board shall review the commitment order and accompanying information at least annually to make a determination of the continued need and supporting justification for commitment. Prior to the annual review, but not less than thirty days prior to the anniversary date of the commitment order, the developmental disability community service provider shall provide a report to the county review board that issued the original commitment order regarding the person's supports, services, and progress. Following ten days notice to the person, the person's attorney, and the Department of Human Services, the county review board shall hold a review hearing. The review hearing shall include participation by the state's attorney, Department of Human Services, the community service provider, and the person's attorney. The rights and procedures applicable during an initial commitment hearing are applicable to review hearings. A petition pursuant to §27B-7-27 need not be filed. At the conclusion of the review hearing, the county review board may issue an order of continued commitment or immediately discharge the person from involuntary commitment if the conditions in §27B-7-37 justifying commitment no longer exist.
Source: SL 2000, ch 131, §71; SL 2002, ch 136, §16.
Structure South Dakota Codified Laws
Title 27B - Developmentally Disabled Persons
Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons
Section 27B-7-25 - Oaths of office of board members.
Section 27B-7-25.1 - Board members immune from civil liability when acting in good faith--Exception.
Section 27B-7-29 - Board to notify department of petition--Department to prepare report--Filing.
Section 27B-7-30 - Disclosure of information.
Section 27B-7-31 - Contents of report in § 27B-7-28.
Section 27B-7-32 - Finding of residence.
Section 27B-7-32.1 - Request to reopen hearing regarding residence.
Section 27B-7-32.2 - Appearance before board--Notice--Findings of board.
Section 27B-7-32.3 - Costs of reopened hearing--Lien against patient not permitted.
Section 27B-7-32.4 - Finding of nonresidency to be forwarded to attorney general.
Section 27B-7-32.5 - Attorney general may request reopened hearing--Notice.
Section 27B-7-32.6 - Presentation of evidence--Burden of proof--Filing of finding.
Section 27B-7-32.7 - Costs of reopened hearing--Reimbursement by county or state.
Section 27B-7-32.8 - Refund of expenses of reopened hearing.
Section 27B-7-33 - Time and place of hearing--Notice--Copies of order after hearing.
Section 27B-7-34 - Procedure governing hearings.
Section 27B-7-35 - Participation by state's attorney.
Section 27B-7-36 - Dismissal of petition if not upheld by professional report--Discharge of subject.
Section 27B-7-39.1 - Rights of person during hearing--Waiver of rights--Exclusion of persons.
Section 27B-7-39.2 - Attendance of court reporter--Record of proceedings.
Section 27B-7-39.3 - Request for transcript or copy--Costs.
Section 27B-7-40 - Department to notify board of death of resident.
Section 27B-7-41 - Counsel to represent subject--Procedural rights.
Section 27B-7-42 - Payment of counsel.
Section 27B-7-43 - Liability for costs.
Section 27B-7-47 - Right to habeas corpus.
Section 27B-7-48 - Involuntary commitment--Rules.
Section 27B-7-49 - Crime of assisting in escape of involuntarily committed person--Penalties.
Section 27B-7-51 - Notification of discharge--Transportation.
Section 27B-7-51.1 - Discharge--Notification of discharge--Voluntary admission.