2022 South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 20A - Treatment And Prevention Of Alcohol And Drug Abuse
Section 34-20A-63 - Emergency detainment--Grounds.

34-20A-63. Emergency detainment--Grounds.

An intoxicated person may be detained in an approved treatment facility for emergency treatment if the person:

(1)Has threatened, attempted, or inflicted physical harm on oneself or on another or is likely to inflict physical harm on another unless detained;

(2)Is incapacitated by the effects of alcohol or drugs; or

(3)Is pregnant and abusing alcohol or drugs.

A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.

Source: SL 1974, ch 240, §11 (a); SL 1985, ch 277, §14; SL 1998, ch 204, §1; SL 2022, ch 108, §5.

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