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2023 Senate Bill 7 - SD Legislature clarify emergency commitments of severely mentally ill persons by appropriate regional facilities.

23.203.11 98th Legislative Session 7

2023 South Dakota Legislature

Senate Bill 7

ENROLLED

An Act

ENTITLED An Act to clarify emergency commitments of severely mentally ill persons by appropriate regional facilities.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 27A-10-19 be AMENDED:

27A-10-19. If any person presents to a facility licensed by the state as a hospital or designated as an appropriate regional facility, other than the Human Services Center, and after an examination by a qualified mental health professional it is determined that the person is severely mentally ill and in such condition that immediate intervention is necessary to protect the person from physical harm to self or others, the qualified mental health professional may initiate a twenty-four-hour hold on the person and retain the person at the hospital or appropriate regional facility for purposes of observation and emergency treatment. The hospital, the appropriate regional facility, or the qualified mental health professional shall notify the chair of the county board of mental illness of the twenty-four-hour hold. The qualified mental health professional shall petition for commitment of the person according to §§ 27A-10-1 and 27A-10-4. The person shall be afforded rights according to § 27A-10-5. If a petition for emergency commitment pursuant to § 27A-10-1 is not filed within twenty-four hours, the person must be released.

An Act to clarify emergency commitments of severely mentally ill persons by appropriate regional facilities.

I certify that the attached Act originated in the:

Senate as Bill No. 7

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 7

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2023 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2023

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2023

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State