South Dakota Codified Laws
Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse
Section 34-20A-67 - Person to receive copy of application--Right to counsel.

34-20A-67. Person to receive copy of application--Right to counsel.
A copy of the written application for detainment and a written explanation of the person's right to counsel must be given to the person within twenty-four hours after detainment by the administrator, who shall provide a reasonable opportunity for the person to consult counsel.

Source: SL 1974, ch 240, §11 (f); SL 1985, ch 277, §18; SL 2022, ch 108, §11.

Structure South Dakota Codified Laws

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-57 - Law enforcement authorities not criminally or civilly liable for protective custody actions.

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-65 - Administrator to observe--Refusal of application--Disposition of detained person.

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 - Maximum period of detainment--Extension if petition for involuntary commitment filed.

Section 34-20A-69.1 - Immunity of facility operators for acts in compliance with chapter.

Section 34-20A-70 - Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds.

Section 34-20A-70.1 - Duties and compensation of attorney appointed to represent petitioners--Reimbursement of county.

Section 34-20A-70.2 - Commitment petition application and report to be sealed--State may seek access to documents--Information not to be used in certain prosecutions.

Section 34-20A-72 - Certificate of physician or addiction counselor--Refusal of examination or assessment--Eligible physicians and counselors.

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-76 - Court-appointed physician or addiction counselor--Refusal of examination--Temporary commitment for examination.

Section 34-20A-76.1 - Compensation of court-appointed physician and counselor by county--Reimbursement.

Section 34-20A-77 - Order of involuntary commitment--Adequacy of treatment.

Section 34-20A-77.1 - Provision for committed person who cannot be admitted at once to facility--Maximum period of detention--Payment of costs.

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-85 - Rights to contest proceedings and to assistance of counsel--Court to require counsel if necessary.

Section 34-20A-85.1 - Compensation of attorney appointed to represent person being committed--Reimbursement of county.

Section 34-20A-86 - Right to examination by physician and counselor of choice--Employment by court when necessary.

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-102 - Promulgation of rules for training, possession, and administration of opioid antagonists.

Section 34-20A-103 - Immunity from civil liability for injuries or death associated with administration of opioid antagonists.

Section 34-20A-104 - Possession and administration of opioid antagonists by person close to person at risk of overdose.

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.

Section 34-20A-109 - Definitions related to reporting person in need of emergency assistance for drug-related overdose.

Section 34-20A-110 - Immunity from arrest or prosecution for reporting person in need of emergency medical assistance for drug-related overdose.

Section 34-20A-111 - Immunity from arrest or prosecution for reporting one's own need for emergency medical assistance for drug-related overdose.

Section 34-20A-112 - Providing first aid or other medical assistance as mitigating factor--Limitations on immunity.

Section 34-20A-113 - One-time immunity.