There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 27A-10-5 — Notification of rights upon custody, detention, or filing of petition--Notice tocounty board where person apprehended.
27A-10-5. Notification of rights upon custody, detention, or filing of petition--Notice to county board where person apprehended. 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 be notified both orally and in writing of the following:
(1) The right to immediately contact
someone of the person's choosing;
(2) The right to immediately contact and
be represented by counsel;
(3) That the person will 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 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 further 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 also be given forthwith to the county board serving the
county where the person was apprehended.
Source: SL 1974, ch 184, § 4; SL 1975, ch 181, § 110; SDCL Supp, § 27-7A-4; SL 1977, ch 212, § 3; SL 1991, ch 220, § 114; SL 1992, ch 26, § 6; SL 1992, ch 189, § 34; SL 1995, ch 162, § 1; SL 1997, ch 164, § 1; SL 2000, ch 129, § 6.
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