2021 South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 10 - Emergency Commitment
Section 27A-10-5 - Notification of rights upon custody, detention, or filing of petition--Notice to county 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.
