34-20A-55. Protective custody of intoxicated or incapacitated person--Emergency detainment.
Any person who appears to be intoxicated or incapacitated by the effects of alcohol or drugs and is clearly dangerous to the health and safety of oneself or others may be taken into protective custody by law enforcement authorities, acting with probable cause. If the person is taken into protective custody, the person must be taken to an approved treatment facility offering detoxication services for emergency detainment. If emergency detainment is not appropriate, as determined by the administrator of the treatment facility or an authorized designee, the person may be detained as a patient in protective custody until no longer intoxicated or up to forty-eight hours after admission. If no approved treatment facility is readily available, the person must be taken to an emergency medical service or a jail, but only until the person is no longer intoxicated or incapacitated or only so long as may be necessary to prevent injury to oneself or others.
Source: SL 1974, ch 240, §10 (a), (b); SL 1975, ch 222; SDCL Supp, §34-20A-54; SL 1976, ch 217, §3; SL 1983, ch 198, §10; SL 1985, ch 277, §7; SL 2010, ch 173, §1; SL 2022, ch 108, §2.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse
Section 34-20A-2 - Definition of terms.
Section 34-20A-2.1 - Accredited facility deemed approved.
Section 34-20A-18 - Solicitation and acceptance of gifts, grants and services.
Section 34-20A-27 - Standards for accredited prevention or treatment facilities--Fees.
Section 34-20A-34 - Real property acquisition and provision of facilities.
Section 34-20A-40 - Procedure for standards, rules, and regulations.
Section 34-20A-44 - Inspection of facilities.
Section 34-20A-44.1 - Access to public and private prevention and treatment facilities and records.
Section 34-20A-50 - Application for voluntary treatment by minor or incompetent.
Section 34-20A-51 - Determination of admission for treatment--Referral to other facilities.
Section 34-20A-55 - Protective custody of intoxicated or incapacitated person--Emergency detainment.
Section 34-20A-56 - Protective custody procedure--Duty of detaining officer--No arrest or record.
Section 34-20A-63 - Emergency detainment--Grounds.
Section 34-20A-64 - Written application--Contents.
Section 34-20A-64.1 - Confinement of disruptive detainee.
Section 34-20A-66 - Approval of application--Intake procedure--Retention or transfer.
Section 34-20A-66.1 - Payment for treatment under emergency detainment or protective custody.
Section 34-20A-67 - Person to receive copy of application--Right to counsel.
Section 34-20A-68 - Discharge from emergency detainment.
Section 34-20A-69.1 - Immunity of facility operators for acts in compliance with chapter.
Section 34-20A-73 - Hearing on petition--Service of notice.
Section 34-20A-74 - Presence in court of person or guardian ad litem--Examination by court.
Section 34-20A-75 - Testimony presented at hearing.
Section 34-20A-77 - Order of involuntary commitment--Adequacy of treatment.
Section 34-20A-78 - Transfer to another facility--Reports--Notice.
Section 34-20A-79 - Refusal of commitment by facility.
Section 34-20A-80 - Discharge before end of commitment period.
Section 34-20A-81 - Maximum period of involuntary commitment--Discharge or recommitment.
Section 34-20A-82 - Discharge from recommitment--Second period of recommitment.
Section 34-20A-83 - Number of recommitment orders permitted.
Section 34-20A-84 - Hearing on petition for recommitment--Service and notice--Procedure.
Section 34-20A-87 - Habeas corpus available at any time.
Section 34-20A-89 - Payment for treatment under involuntary commitment.
Section 34-20A-98 - Possession and administration of opioid antagonists by first responders.
Section 34-20A-99 - Opioid antagonist defined.
Section 34-20A-100 - First responder defined.
Section 34-20A-101 - Training of first responders.
Section 34-20A-105 - Prescription for opioid antagonist.
Section 34-20A-106 - Health care professional immunity from liability.
Section 34-20A-107 - Prescription deemed issued for legitimate medical purpose.
Section 34-20A-108 - Duty or standard of care regarding opioid antagonists unaffected.