An Act to clarify good cause for the purpose of continuing an involuntary commitment hearing.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 27A-10-5 be AMENDED:
27A-10-5.
Immediately after
a person is taken into custody pursuant to 27A-10-2
or 27A-10-3,
a hold is initiated pursuant to 27A-8-10.1
or 27A-10-19,
or a petition is filed pursuant to 27A-8-11.2,
the person shall
must
be notified,
both orally and in writing,
of the following
that the person:
(1) The
Has
the right to
immediately contact someone of the person's choosing;
(2) The
Has
the right to
immediately contact and be represented by counsel;
(3) That
the person willMust
be examined by a qualified mental health professional, designated by
the chair of the county board of mental illness, within twenty‑four
hours after being taken into custody to determine whether custody
should continue; and
(4) The
Has
the right, if
custody is continued, to an independent examination and to a hearing
within five days after being taken into custody, within six days if
there is a Saturday, Sunday, or holiday within that time period, or
within seven days if there is a Saturday, Sunday, and holiday within
that time period.
The person shall
be furthermust
also be
notified that the costs of any post‑commitment treatment,
medication, compensation for the attorney appointed to represent the
person in any appeals proceedings, an additional examination
requested by the person pursuant to 27A-11A-9,
and a certified transcript or tape of proceedings requested by the
person pursuant to 27A-11A-2
are that person's responsibility and that a lien for the amount of
these costs may be filed upon the person's real and personal property
to ensure payment.
The notice shall
alsomust
be given
forthwithprovided
to the county board serving the county where
in
which the
person was apprehended.
Section 2. That 27A-10-8 be AMENDED:
27A-10-8.
Within five days
after the person is taken into custody,;
within six days if there is a Saturday, Sunday, or holiday within
that time period,;
or within seven days if there is a Saturday, Sunday, and holiday
within that time period,;
the person must be provided an involuntary commitment hearing. The
hearing may be continued for good cause prior to the running of the
applicable time period. The referring county shall pay any expenses
incurred by the board holding the hearing, including the
transportation of the person to the hearing, subject to reimbursement
by the county ultimately proven to be the county of residence.
No lien may be placed against the person for the expenses incurred by the board holding the hearing, including the transportation of the person to the hearing.
Awaiting the completion of an independent examination, as provided for in 27A-10-5, is not good cause for the continuation of a hearing under this section.