2018 South Dakota Codified Laws
Title 23A - CRIMINAL PROCEDURE
Chapter 50 - Mental Health Procedures in Criminal Justice
§ 23A-50-14 Meetings of oversight council--Powers and duties.

23A-50-14. Meetings of oversight council--Powers and duties. The oversight council shall meet within ninety days after appointment and shall meet at least semiannually thereafter. The oversight council terminates five years after its first meeting, unless the Legislature, by Joint Resolution, continues the oversight council for a specified period of time.

The oversight council has the following powers and duties:

(1) Review the recommendations of the task force on community justice and mental illness early intervention from the final report dated November 2016 and track implementation and evaluate compliance with SL 2017, chapter 109;

(2) Review data and reporting required by SL 2017, chapter 109;

(3) Review compliance with the training required by SL 2017, chapter 109;

(4) Calculate costs averted by the provisions in SL 2017, chapter 109;

(5) Establish a statewide crisis intervention training review team. The review team shall analyze and make recommendations to the oversight council on the ongoing need for a crisis intervention training coordinator to provide training and technical assistance to cities, counties, or regions across the state; build local capacity for crisis intervention; and expand the number of crisis intervention trained law enforcement officers. The crisis intervention training review team shall collect and report semiannually to the oversight council data on the number of requests for assistance from the crisis intervention training coordinator, the names of the agencies submitting the requests for assistance, the number of requests granted, the number of law enforcement officers trained, and training adherence to the Memphis crisis intervention team model or other evidence-based model. The crisis intervention review team shall, upon completion of the first year of the crisis intervention training coordinator funding, make a recommendation to the oversight council as to the continued funding of the crisis intervention training coordinator. The review team shall terminate upon the recommendation of the oversight council;

(6) Review the recommendations of the crisis intervention team training review team;

(7) Review the crisis response grants distributed pursuant to § 23A-50-2;

(8) Review the Division of Criminal Investigation's development of training on mental illness;

(9) Evaluate the need for and feasibility of a statewide crisis call center or regional call centers for persons in crisis;

(10) Track progress and make recommendations to improve the implementation of mental health screenings in jails pursuant to §§ 24-11-55 to 24-11-58, inclusive;

(11) Establish a work group to make recommendations to the council to create a process for the completion of a mental health assessment following a jail mental health screening. The work group shall estimate the cost of assessments needed following screening at the time of jail intake, using data from the jail mental health screening pilot program; examine payment options including cost-sharing between state and counties; determine improvements to information sharing between jails and mental health providers; and consider whether an individual with a screening indicating the need for assessment has a pre-existing relationship with a mental health provider;

(12) Review the payments to counties for mental competency examinations and reports pursuant to § 23A-50-5;

(13) Evaluate the need for and feasibility of forensic assertive community treatment teams;

(14) Establish a work group that includes representatives from sheriffs, jail administrators, jail mental health staff providers, and community mental health providers to make recommendations to the council to improve information sharing among jails and mental health providers and improve coordination among jails and mental health providers to refer persons released from jail to mental health services;

(15) Monitor the competency evaluation funding program;

(16) Study and make recommendations to improve the recruitment and retention of mental health professionals;

(17) Study and make recommendations to expand access to mental health services for criminal justice populations;

(18) Evaluate the need for and feasibility and cost effectiveness of telehealth options for jail mental health assessments, consultations for law enforcement officers who encounter persons in crisis, crisis response during law enforcement encounters with persons in crisis, mental health services for persons on probation, and mental health services for persons in jail;

(19) Make recommendations to the Governor and Legislature regarding pilot programs for needed and feasible telehealth options to provide mental health services to persons with mental illness in the criminal justice system; and

(20) Prepare and submit an annual summary report of the performance and outcome measures that are part of SL 2017, chapter 109 to the Legislature, Governor, and Chief Justice. The report shall include recommendations for improvements and a summary of savings generated from SL 2017, chapter 109.
Source: SL 2017, ch 109, § 35, eff. Mar. 15, 2017.