South Dakota Codified Laws
Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse
Section 34-20A-70.1 - Duties and compensation of attorney appointed to represent petitioners--Reimbursement of county.

34-20A-70.1. Duties and compensation of attorney appointed to represent petitioners--Reimbursement of county.
In any proceedings for involuntary commitment or detention, or any proceeding challenging such commitment or detention, the attorney appointed by the circuit court judge to represent the petitioner, shall represent the individuals or agencies petitioning for commitment or detention and defend all challenges to the commitment or detention. The appointed attorney shall be paid by the county where the hearing and commitment proceedings are taking place at a rate to be fixed by the circuit judge. The county shall be reimbursed for such expense by the petitioner, if the petitioner is a family member and is financially able to do so.

Source: SL 1985, ch 277, ยง3.

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.