2017 Session Laws

CHAPTER 113

(HB 1100)

Law enforcement may initiate a mental illness hold
in domestic abuse situations.


        ENTITLED, An Act to allow law enforcement to initiate a mental illness hold in domestic abuse situations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That the code be amended by adding a NEW SECTION to read:

    Notwithstanding § 25-10-40, if the police officer or sheriff believes that the domestic abuse perpetrator has a severe mental illness that makes the person an imminent danger to self or others, the officer or sheriff may initiate a mental illness hold under § 27A-10-3 and transport the person to an appropriate regional facility as described in that section and in accordance with the provisions set forth in title 27A. This section is not a substitution for an arrest under the provisions of chapter 25-10, and the person shall be released only to the custody of law enforcement or a law enforcement agency if the mental illness hold is released.

     Signed March 8, 2017
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