There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 27A-11A-19 — Hearing required prior to transfer of involuntarily committed patient--Petition--Payment of expenses.
27A-11A-19. Hearing required prior to transfer of involuntarily committed patient--Petition-- Payment of expenses. No person who is under an order of involuntary commitment may be transferred to a more restrictive treatment facility without, prior to the transfer, a hearing before the board of mental illness which committed the person. A petition for transfer shall be filed with the chair of the board. The person shall have at least five days notice of the hearing and has the right to be represented by an attorney. At the time of the notice, the board chair shall appoint an attorney to represent the person if that person has not retained counsel. If transfer
to the more restrictive treatment facility is necessary to prevent
the immediate danger of physical harm to the person or others, the
transfer may be authorized by the chair of the board pending the
hearing. The hearing shall be held within five days of the
initiation of the transfer, 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.
Upon
completion of the hearing, if the board finds by clear and
convincing evidence supported by written findings of fact and
conclusions of law that the proposed transfer meets the criteria in
§ 27A-10-9.1, the board may authorize the transfer
pursuant to the initial commitment order. The transfer hearing does
not substitute for the review hearings to which the person would
otherwise be entitled under §§ 27A-10-14 and
27A-10-15.
The county
board of mental illness authorizing a transfer under this section
may authorize the sheriff of the county from which the person was
initially committed to transfer the person at the expense of the
county. The sheriff shall be paid no per diem but only mileage as
allowed by law.
Source: SDC 1939, § 30.0113 as added by SL 1945, ch 126; SDCL, § 27-7-24; SL 1991, ch 220, §§ 155, 156; SDCL, § 27A-9-25; SL 1997, ch 164, § 3.
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