2021 South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 11A - Hearings Procedure
Section 27A-11A-5 - Personal service of petition and notice of hearing--Contents of notice.
27A-11A-5. Personal service of petition and notice of hearing--Contents of notice.
Copies of the petition and notice of hearing shall be personally served forthwith on the person prior to the hearing by the sheriff, or a constable, or an elector of any state not a party to the action that is specifically designated by the board. The notice of hearing shall include the following:
(1)Notice of the time, date, and place of hearing;
(2)Notice to the person of the right to be represented by an attorney retained by the person or appointed by the chair of the board wherever the hearing is to be held;
(3)Notice that the person will be examined by a qualified mental health professional or physician designated by the chair of the county board within twenty-four hours of being taken into custody;
(4)Notice that the medical records of the person will be available to the qualified mental health professional or physician and defense lawyer; and
(5)Notice of the right of the person to obtain an additional examination, the reasonable expense of which shall be reimbursed to the county by the person unless the person is indigent.
Source: SL 1975, ch 181, §87; SL 1976, ch 168, §5; SDCL Supp, §27-7-2.5; SL 1991, ch 220, §141; SDCL, §27A-9-6; SL 1995, ch 161; SL 2005, ch 145, §1.
