SDLRC - 2020 House Bill 1010 - SD Legislature revise provisions regarding testimony of qualified mental health professionals at involuntary commitment hearings.

ENTITLED An Act to revise provisions regarding testimony of qualified mental health professionals at involuntary commitment hearings.

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

Section 1. That   27A-10-9 be AMENDED:

27A-10-9. Testimony of qualified mental health professional--Availability and appropriateness of alternatives.

The board of mental illness conducting the involuntary commitment hearing as provided in    27A-10-8 shall order testimony by a qualified mental health professional, other than the professional who submitted the petition under    27A-10-1 or initiated the hold under    27A-10-19, who shall assess the availability and appropriateness of treatment alternatives, including treatment programs other than inpatient treatment and whether such programs are available at the mental health center serving the area in which the person was apprehended or resides. Such testimony shall include what alternatives are or should be made available, what alternatives were investigated, and why any investigated alternatives are not deemed appropriate.

If the board determines that alternatives to inpatient treatment are appropriate, commitment for inpatient treatment to the center or other inpatient psychiatric facility may not be ordered and commitment shall be to the least restrictive treatment alternative as required in subdivision 27A-10-9.1(3).

An Act to revise provisions regarding testimony of qualified mental health professionals at involuntary commitment hearings.

I certify that the attached Act originated in the: House as Bill No. 1010 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the SenateSenate House Bill No. 1010 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2020 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2020 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2020 at _________ o'clock __M. Secretary of State By Asst. Secretary of State