AN ACT
ENTITLED, An Act to authorize certain disclosures of mental health information to law
enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 27A-12-27 be amended to read:
27A-12-27. If requested, information shall be disclosed:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 27A-12-27 be amended to read:
27A-12-27. If requested, information shall be disclosed:
(1) Pursuant to an order or subpoena of a board of mental illness or a court of record or a
subpoena of the Legislature;
(2) To a prosecuting or defense attorney or to a qualified mental health professional as
necessary for the attorney or professional to participate in a proceeding governed by this
title;
(3) To an attorney representing a person who is presently subject to the authority of this title
or who has been discharged when that person has given consent;
(4) If necessary in order to comply with another provision of law;
(5) To the department if the information is necessary to enable the department to discharge
a responsibility placed upon it by law;
(6) To a states attorney or the attorney general for purpose of investigation of an alleged
criminal act either committed by or upon a human services center patient while a patient
of the center; or
(7) To a law enforcement official or agency, or correctional institution, if the official, agency,
or institution informs the inpatient facility that an arrest warrant has been issued for or
criminal charges are pending against a person, for purposes of obtaining custody of the
person by a law enforcement official or agency before discharge.
Section 2. That chapter 27A-12 be amended by adding a NEW SECTION to read:
Section 2. That chapter 27A-12 be amended by adding a NEW SECTION to read:
If a request for notice is made pursuant to subdivision (7) of section 1 of this Act, the request
shall:
(1) Be made in writing and served upon an inpatient facility, either by personal service or
electronic facsimile with oral notice of the facsimile given by telephone, before the
discharge;
(2) Contain clear contact information and a reasonable contact method for notifying the
requesting official, agency, or institution; and
(3) Contain clear information identifying the person.
Upon receipt of a request fulfilling the requirements of this section, the inpatient facility shall
provide the notice of pending discharge to the requester as soon as reasonably practical before
discharge. The notice shall contain the time, date, and location of the pending discharge. The
inpatient facility shall record in the person's medical record the time the notice of pending discharge
is given, to whom, how the notice was given, who gave the notice, the set time for discharge, and
the time the law enforcement official or agency obtained custody of the person after the notice was
given, if applicable.
Section 3. That chapter 27A-12 be amended by adding a NEW SECTION to read:
Section 3. That chapter 27A-12 be amended by adding a NEW SECTION to read:
If a person is subject to a petition for involuntary commitment under this title, the inpatient
facility may detain that person in the facility for a period of time not to exceed four hours after the
time set for discharge, if necessary for a law enforcement official or agency to obtain custody of the
person. This period of time includes four hours after the board of mental illness releases a detention
of the person pursuant to this title. If the person is not taken into custody after the notice to the
requester and within the specified period of time, the person shall be released from any detention or
discharged, as appropriate. The inpatient facility shall record the time of the release or discharge in
the person's medical record. If the person was a voluntary patient in the inpatient facility, the person
shall maintain the right to discharge as provided in § 27A-8-10.
Section 4. That chapter 27A-12 be amended by adding a NEW SECTION to read:
The detention of a person in good faith and not in excess of the period of time specified in this
Act may not render any law enforcement official, agency, institution, board, court, physician,
inpatient facility, or staff detaining the person liable in any criminal or civil action for false arrest
or false imprisonment.
An Act to authorize certain disclosures of mental health information to law enforcement.
An Act to authorize certain disclosures of mental health information to law enforcement.
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I certify that the attached Act originated in the
SENATE as Bill No. 142
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 142 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
