2021 South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness
Section 27A-12-3.14 - Service of petition and notice of hearing--Content--Appointment of counsel--Hearing.
27A-12-3.14. Service of petition and notice of hearing--Content--Appointment of counsel--Hearing.
Copies of the petition and notice of hearing shall be personally served by the sheriff or an elector of any state not a party to the action that is specifically designated by the court or board on the person immediately upon the filing of the petition but no less than five calendar days before the hearing. The notice of hearing shall include the following:
(1)Notice of the time, date, and place of hearing and directing the person to appear in person;
(2)Notice of the person's right to be represented by an attorney at the person's own expense or appointed by the court if the person is indigent;
(3)Notice of the person's right to seek an opinion of an independent psychiatrist at the person's own expense or at the expense of the person's county of residence if the person is indigent; and
(4)Notice that the costs of any post-commitment proceedings, treatment, medication, and any hearing related to the medication, any post-commitment proceeding, including a habeas corpus proceeding, the costs of compensation for the attorney appointed to represent the person, and any other costs associated with any post-commitment proceeding, 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 insure payment.
Upon the filing of the petition the court or board shall immediately appoint counsel for the person if counsel has not been retained. A date shall be set for the hearing within fifteen days of the filing of the petition, and this hearing shall be a priority on the court or board calendar. Allowance for any additional time shall be limited to one seven-day continuance, and shall be restrictively granted, only upon a showing of good cause for delay.
Source: SL 1989, ch 237, §4; SL 1990, ch 201; SL 1991, ch 220, §200; SDCL Supp, §27A-12-11.6; SL 1995, ch 162, §2; SL 2001, ch 149, §1; SL 2012, ch 149, §35; SL 2014, ch 130, §2.
