ENTITLED An Act to repeal provisions related to the jail mental health screening pilot program and oversight council.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   23A-10A-17 be REPEALED.

Section 2. That   23A-50-1 be AMENDED:

23A-50-1. Terms used in this chapter and   23A-46-1 mean:

(1) "Mental health response team," a support team tasked with finding viable community resources to help persons with severe mental illness involved in the court system;

(2) "Psychiatric certification," a credential obtained by passing the psychiatric-mental health nursing board certification through the American Nurses Credentialing Center; and

(3) "Telehealth," a mode of delivering healthcare services that utilizes information and communication technologies to enable the diagnosis, consultation, treatment, education, care management, and self-management of patients at a distance from health care providers.

Section 3. That   23A-50-2 be REPEALED.

Section 4. That   23A-50-3 be REPEALED.

Section 5. That   23A-50-4 be REPEALED.

Section 6. That   23A-50-5 be AMENDED:

23A-50-5. The Association of County Commissioners, formed pursuant to   7-7-28, may create and administer a fund for the purpose of assisting counties with the cost of competency evaluations for defendants for whom an evaluation has been ordered by the court. The Department of Social Services may contract with the association to reallocate funds used at the Human Services Center on contractual services for forensic evaluations to be administered through this fund. The fund may also receive and distribute money from any other source. The association board of directors shall provide procedures for the equitable distribution of money from this fund to the counties utilizing court-ordered competency evaluations and provide for the payment of an administrative fee and other reasonable expenses related to the administration of the fund. The association shall report to the Department of Social Services the amount distributed annually in total and by county and the number of competency evaluations completed with funds from the program. The liability of the association related to the administration of this fund shall be limited to the money as is available for such purposes in the fund.

Section 7. That   23A-50-6 be AMENDED:

23A-50-6. The presiding judge of each judicial circuit may appoint one or more mental health response teams. Each team appointed must include a court services officer for the jurisdiction where the team is to operate, a mental health provider, and a member of law enforcement, and may also include a representative that works with jail administration and one or more representatives from the public. The Unified Judicial System shall maintain a record of the membership of each team. The team may operate telephonically or through electronic communications.

The records prepared or maintained by the team are confidential. Notwithstanding, the records may be inspected by or disclosed to justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties or to any person specifically authorized by order of the court.

Section 8. That   23A-50-8 be REPEALED.

Section 9. That   23A-50-12 be REPEALED.

Section 10. That   23A-50-13 be REPEALED.

Section 11. That   23A-50-14 be REPEALED.

Section 12. That   24-11-55 be REPEALED.

Section 13. That   24-11-56 be REPEALED.

Section 14. That   24-11-57 be REPEALED.

Section 15. That   24-11-58 be REPEALED.

Section 16. That   24-11-59 be REPEALED.

Section 17. That   24-11-59.1 be REPEALED.

An Act to repeal provisions related to the jail mental health screening pilot program and oversight council.

I certify that the attached Act originated in the: Senate as Bill No. 64 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk Senate Bill No. 64 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2023 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2023 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2023 at _________ o'clock __M. Secretary of State