AN ACT
ENTITLED, An Act to provide and revise certain provisions regarding mental health procedures in
criminal justice, to make an appropriation therefor, and to declare an emergency.
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:
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:
Terms used in this Act mean:
(1) "Mental health response team," a support team tasked with finding viable community
resources to help persons with severe mental illness involved in the court system;
(2) "Mental health screening tool," a brief, routine process using a standardized instrument
that has been validated with offender populations to identify indicators of mental health
issues that is used to determine a need for further mental health assessment or evaluation;
(3) "Oversight council," the council established by section 33 of this Act;
(4) "Performance measure," a metric that captures performance on critical variables central
to accomplishing the mission and goals within this Act;
(5) "Psychiatric certification," a credential obtained by passing the psychiatric-mental health
nursing board certification through the American Nurses Credentialing Center;
(6) "Telehealth," a mode of delivering healthcare services that utilizes information and
communication technologies to enable the diagnosis, consultation, treatment, education,
care management, and self-management of patients at a distance from health care
providers.
Section 2. That the code be amended by adding a NEW SECTION to read:
Section 2. That the code be amended by adding a NEW SECTION to read:
The South Dakota Sheriffs' Association shall develop a jail mental health screening pilot program
and convene at least four jail administrators and at least two mental health providers to select a
mental health screening tool for the pilot program. The pilot program shall include at least four jails.
The jails in the pilot program shall utilize a mental health screening tool the during the jail intake
process and shall collect and report data to the oversight council on the number of persons screened
and the number of persons screening positive for signs and symptoms of acute psychiatric
disturbance and disorder.
Section 3. That the code be amended by adding a NEW SECTION to read:
The South Dakota Sheriffs' Association shall coordinate training for jails to administer the jail
mental health screening tool.
Section 4. That the code be amended by adding a NEW SECTION to read:
Section 4. That the code be amended by adding a NEW SECTION to read:
The South Dakota Sheriffs' Association shall coordinate with the jails in the jail mental health
screening pilot program to develop a process to implement a mental health screening tool statewide.
Section 5. That chapter 24-11 be amended by adding a NEW SECTION to read:
Section 5. That chapter 24-11 be amended by adding a NEW SECTION to read:
Each jail shall report annually to the oversight council on the number and percentage of persons
screened at intake using a mental health screening tool and the number and percentage of positive
screenings.
Section 6. That chapter 24-11 be amended by adding a NEW SECTION to read:
Section 6. That chapter 24-11 be amended by adding a NEW SECTION to read:
Any jail using a mental health screening tool shall provide the screening results to the circuit
committing magistrate or court.
Section 7. That the code be amended by adding a NEW SECTION to read:
Section 7. That the code be amended by adding a NEW SECTION to read:
The Department of Social Services shall create a crisis services grant program to any
municipality, county, or groups of counties for the purposes of encouraging the establishment of new
crisis response services or the expansion of existing crisis response services. The grant program shall
be in existence until the grant program funding is exhausted. The department shall collect data on
the number of applications for the grant program, the number and percentage of applications
accepted, the amount awarded to each grantee, and the location, purpose, and population served by
the crisis response services. The department shall report this information semiannually to the
oversight council until the program ends.
Section 8. That § 23-3-39.6 be amended to read:
23-3-39.6. Each state's attorney or deputy state's attorney shall receive training on evidence-based
practices, as defined in subdivision 16-22-1(7); mental health and available mental health services;
and the following issues pertaining to domestic abuse: enforcement of criminal laws in domestic
abuse situations; availability of community resources; and protection of the victim. After initial
training, each state's attorney or deputy state's attorney shall attend further training at least once every
four years.
Section 9. That § 23A-43-3 be amended to read:
23A-43-3. If a determination is made that a release pursuant to § 23A-43-2 will not reasonably
assure the appearance of the defendant as required, the committing magistrate or court shall, either
in lieu of or in addition to the methods of release described in § 23A-43-2, impose the first of the
following conditions of release which will reasonably assure the appearance of the defendant for trial
or, if no single condition gives that assurance, any combination of the following conditions:
(1) Place the defendant in the custody of a designated person or organization agreeing to
supervise him;
(2) Place restrictions on the travel, association, or place of abode of the defendant during the
period of release;
(3) Require the defendant to complete a mental health assessment by a specified date and
follow any treatment recommendations. The court shall consider available funding
sources before imposing this condition of release;
(4) Require an appearance bond in a specified amount. The bond shall be executed by
depositing with the clerk of the court, in cash or other security, as directed, a sum not to
exceed ten percent of the amount of the bond. The deposit shall be returned upon the
performance of the conditions of release;
(5) Require the execution of a bail bond with sufficient solvent sureties, or the deposit of cash
in lieu of a bail bond; or
(6) Impose any other condition reasonably necessary to assure the defendant's appearance as
required, including a condition requiring that the defendant return to custody after
specified hours.
Section 10. That chapter 23A-43 be amended by adding a NEW SECTION to read:
Section 10. That chapter 23A-43 be amended by adding a NEW SECTION to read:
If a court has imposed conditions of release that require a defendant to follow any treatment
recommendations pursuant to subdivision 23A-43-3(3), the provider of those treatment services shall
report any noncompliance to the court that has imposed the condition of release.
Section 11. That the code be amended by adding a NEW SECTION to read:
Section 11. That the code be amended by adding a NEW SECTION to read:
The Supreme Court may establish rules, pursuant to § 16-3-1, regarding the definition of
noncompliance in section 10 of this Act and how noncompliance may be reported to the court.
Section 12. That § 23A-43-4 be amended to read:
23A-43-4. In determining which conditions of release will reasonably assure appearance, a committing magistrate or court shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the defendant, the defendant's family ties, employment, financial resources, character and mental condition, the results of any mental health assessment, the length of the defendant's residence in the community, the defendant's record of convictions, the defendant's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings, and the risk that the defendant will flee or pose a danger to any person or to the community.
Section 13. That the code be amended by adding a NEW SECTION to read:
Section 12. That § 23A-43-4 be amended to read:
23A-43-4. In determining which conditions of release will reasonably assure appearance, a committing magistrate or court shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the defendant, the defendant's family ties, employment, financial resources, character and mental condition, the results of any mental health assessment, the length of the defendant's residence in the community, the defendant's record of convictions, the defendant's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings, and the risk that the defendant will flee or pose a danger to any person or to the community.
Section 13. That the code be amended by adding a NEW SECTION to read:
The Unified Judicial System shall collect and report to the oversight council the number and
percent of defendants for whom mental health assessment and mental health treatment is required
as a condition of bond, and the number and percent of those with assessment and treatment as a
condition of bond who comply with conditions.
Section 14. That the code be amended by adding a NEW SECTION to read:
Section 14. That the code be amended by adding a NEW SECTION to read:
The Unified Judicial System shall report semiannually to the oversight council the number of
persons referred to any mental health court, the number and the percentage admitted to any mental
health court, the number and the percentage of those admitted who complete mental health court
requirements, and the number and the percentage of persons convicted of a new crime within one
to three years of completing mental health court requirements.
Section 15. That the code be amended by adding a NEW SECTION to read:
Section 15. That the code be amended by adding a NEW SECTION to read:
The Association of County Commissioners, formed pursuant to § 7-7-28, may create and
administer a fund for the purpose of assisting counties with the cost of competency evaluations for
defendants for whom an evaluation has been ordered by the court. The Department of Social
Services may contract with the association to reallocate funds used at the Human Services Center
on contractual services for forensic evaluations to be administered through this fund. The fund may
also receive and distribute money from any other source. The association board of directors shall
provide procedures for the equitable distribution of money from this fund to the counties utilizing
court-ordered competency evaluations and provide for the payment of an administrative fee and other
reasonable expenses related to the administration of the fund. The association shall report to the
oversight council the amount distributed annually in total and by county and the number of
competency evaluations completed with funds from the program. The liability of the association
related to the administration of this fund shall be limited to the money as is available for such
purposes in the fund.
Section 16. That § 23A-10A-3 be amended to read:
23A-10A-3. At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the prosecuting attorney may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or developmental disability, or other conditions set forth in § 23A-10A-1, rendering the defendant mentally incompetent to the extent that the defendant is unable to understand the nature and consequences of the proceeding against the defendant or to assist properly in the defendant's defense. Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of §§ 23A-46-1 and 23A-46-2. The examination shall be completed within twenty-one days of the court order, unless for good cause the court grants a continuance. The hearing shall be conducted pursuant to the provisions of § 23A-46-3.
Section 17. That chapter 23A-10A be amended by adding a NEW SECTION to read:
Section 16. That § 23A-10A-3 be amended to read:
23A-10A-3. At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the prosecuting attorney may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or developmental disability, or other conditions set forth in § 23A-10A-1, rendering the defendant mentally incompetent to the extent that the defendant is unable to understand the nature and consequences of the proceeding against the defendant or to assist properly in the defendant's defense. Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of §§ 23A-46-1 and 23A-46-2. The examination shall be completed within twenty-one days of the court order, unless for good cause the court grants a continuance. The hearing shall be conducted pursuant to the provisions of § 23A-46-3.
Section 17. That chapter 23A-10A be amended by adding a NEW SECTION to read:
The Unified Judicial System shall collect and report to the oversight council the average number
of days from court order to the completion of competency examinations, and the number of
competency examination continuances for good cause requested and granted.
Section 18. That § 23A-46-1 be amended to read:
23A-46-1. A psychiatric or psychological examination ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2, inclusive, 23A-26-12 to 23A-26-12.6, inclusive, or 23A-27-42 to 23A-27-46, inclusive, shall be conducted by:
Section 18. That § 23A-46-1 be amended to read:
23A-46-1. A psychiatric or psychological examination ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2, inclusive, 23A-26-12 to 23A-26-12.6, inclusive, or 23A-27-42 to 23A-27-46, inclusive, shall be conducted by:
(1) A licensed or certified psychiatrist;
(2) A licensed clinical psychologist;
(3) A certified social worker licensed for private independent practice with two years of
supervised clinical experience in a mental health setting and with training on how to
conduct and score competency evaluations;
(4) A certified nurse practitioner or clinical nurse specialist with current psychiatric
certification and with training on how to conduct and score competency evaluations;
(5) A licensed professional counselor-mental health with training on how to conduct and
score competency evaluations; or
(6) If the court finds it appropriate, by more than one examiner.
Each examiner shall be designated by the court, except that if the examination is ordered under
§ 23A-27-43 or 23A-46-9, upon the request of the defendant an additional examiner may be selected
by the defendant. For the purposes of an examination pursuant to an order under § 23A-10-4, 23A-10A-3, 23A-26-12.1, 23A-27-43, or 23A-46-9, the court may commit the person to be examined for
a reasonable period to the custody of a suitable facility.
Section 19. That the code be amended by adding a NEW SECTION to read:
Section 19. That the code be amended by adding a NEW SECTION to read:
The licensing board of each professional listed in § 23A-46-1 shall maintain a list of each
professional licensed under their authority qualified to conduct competency evaluations. The
Department of Social Services shall maintain a list of those evaluators for use by the courts in
coordination with Department of Health, as needed.
Section 20. That § 23A-46-2 be amended to read:
23A-46-2. A psychiatric or psychological report ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2, inclusive; 23A-26-12 to 23A-26-12.6, inclusive; or 23A-27-42 to 23A-27-46, inclusive, shall be prepared by the examiner designated to conduct the psychiatric or psychological examination, shall be filed with the court with copies provided to the counsel for the person examined and to the prosecuting attorney and shall include:
Section 20. That § 23A-46-2 be amended to read:
23A-46-2. A psychiatric or psychological report ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2, inclusive; 23A-26-12 to 23A-26-12.6, inclusive; or 23A-27-42 to 23A-27-46, inclusive, shall be prepared by the examiner designated to conduct the psychiatric or psychological examination, shall be filed with the court with copies provided to the counsel for the person examined and to the prosecuting attorney and shall include:
(1) The person's history, if applicable, and present symptoms;
(2) A description of the psychiatric, psychological, and medical tests that were employed and
their results;
(3) The examiner's findings; and
(4) The examiner's opinions as to diagnosis, prognosis and:
(a) If the examination is ordered under § 23A-10A-3, whether the person is suffering
from a mental disease or defect rendering the person mentally incompetent to the
extent that the person is unable to understand the nature and consequences of the
proceedings against the person or to assist properly in the person's defense;
(b) If the examination is ordered under § 23A-10-4, whether the person was insane at
the time of the offense charged;
(c) If the examination is ordered under § 23A-46-9, whether the person is suffering
from a mental disease or defect as a result of which the person's release would
create a substantial risk of bodily injury to another person or serious damage to
property of another;
(d) If the examination is ordered under § 23A-26-12.1 or 23A-27-43, whether the
person is suffering from a mental disease or defect as a result of which the person
is in need of custody for care or treatment in a suitable facility; and
(e) If the examination is ordered as a part of a presentence investigation, any
recommendation the examiner may have as to how the mental condition of the
defendant should affect the sentence.
Section 21. That the code be amended by adding a NEW SECTION to read:
Section 21. That the code be amended by adding a NEW SECTION to read:
The presiding judge of each judicial circuit may appoint one or more mental health response
teams. Each team appointed shall include a court services officer for the jurisdiction where the team
is to operate, a mental health provider, and a member of law enforcement and may also include a
representative that works with jail administration and one or more representatives from the public.
The Unified Judicial System shall maintain a record of the membership of each team and report
nonidentifying data to the oversight council. The team may operate telephonically or through
electronic communications.
The records prepared or maintained by the team are confidential. Notwithstanding, the records
may be inspected by or disclosed to justices, judges, magistrates, and employees of the Unified
Judicial System in the course of their duties or to any person specifically authorized by order of the
court.
Section 22. That the code be amended by adding a NEW SECTION to read:
Section 22. That the code be amended by adding a NEW SECTION to read:
The mental health response team may establish a process for identifying eligible persons through
assessment; a documented process for referral to treatment; a team approach to the development and
modification of individualized treatment plans and ongoing coordination to ensure plan
effectiveness; a process for information sharing among the team members; and planning and
coordination, including referrals for nonmental health services and resources.
Section 23. That the code be amended by adding a NEW SECTION to read:
Section 23. That the code be amended by adding a NEW SECTION to read:
The Unified Judicial System shall collect and report to the oversight council the name of any
circuits that establish mental health response teams, the number of persons meeting the mental health
response team criteria, and the number and the percentage of persons meeting the criteria who are
released from jail pretrial and referred for mental health assessment or treatment.
Section 24. That the code be amended by adding a NEW SECTION to read:
Section 24. That the code be amended by adding a NEW SECTION to read:
The Supreme Court may establish rules, pursuant to § 16-3-1, regarding formation of a mental
health response team and the procedures to be followed by the team.
Section 25. That chapter 23A-40 be amended by adding a NEW SECTION to read:
Section 25. That chapter 23A-40 be amended by adding a NEW SECTION to read:
Each court-appointed defense attorney shall receive training on mental illness, available mental
health services, eligibility criteria and referral processes, and forensic evaluations.
Section 26. That the code be amended by adding a NEW SECTION to read:
Section 26. That the code be amended by adding a NEW SECTION to read:
The Supreme Court may establish rules, pursuant to § 16-3-1, regarding procedures for
court-appointed defense attorney training on mental illness.
Section 27. That the code be amended by adding a NEW SECTION to read:
Section 27. That the code be amended by adding a NEW SECTION to read:
Officers within any state prison shall receive training on recognizing the signs and symptoms of
mental health problems and defusing mental health crises. After initial training, each officer shall
attend further training at least once every four years.
Section 28. That chapter 24-11 be amended by adding a NEW SECTION to read:
Section 28. That chapter 24-11 be amended by adding a NEW SECTION to read:
Officers within any jail, as defined in § 24-11-1, shall receive training developed by the Division
of Criminal Investigation on recognizing the signs and symptoms of mental health problems and
defusing mental health crises. After initial training, each officer shall attend further training at least
once every four years.
Section 29. That § 16-22-15 be amended to read:
16-22-15. Any person who exercises supervision over a probationer pursuant to § 23A-27-12.1 or provides intervention services to any probationer shall receive sufficient training on evidence-based practices, how to target criminal risk factors to reduce recidivism, recognizing the signs and symptoms of mental health problems, and defusing mental health crises.
Section 30. That § 16-14-4 be amended to read:
16-14-4. The Chief Justice of the Supreme Court of South Dakota shall annually summon all the members of the Judicial Conference to attend a conference at such time and place in the state as the Chief Justice may designate and at which the Chief Justice, or such member as the Chief Justice may designate, shall preside. Special sessions of the conference may be called by the Chief Justice
Section 29. That § 16-22-15 be amended to read:
16-22-15. Any person who exercises supervision over a probationer pursuant to § 23A-27-12.1 or provides intervention services to any probationer shall receive sufficient training on evidence-based practices, how to target criminal risk factors to reduce recidivism, recognizing the signs and symptoms of mental health problems, and defusing mental health crises.
Section 30. That § 16-14-4 be amended to read:
16-14-4. The Chief Justice of the Supreme Court of South Dakota shall annually summon all the members of the Judicial Conference to attend a conference at such time and place in the state as the Chief Justice may designate and at which the Chief Justice, or such member as the Chief Justice may designate, shall preside. Special sessions of the conference may be called by the Chief Justice
at the times and places as the Chief Justice may designate. All persons so summoned shall attend the
annual and special meetings.
Each magistrate and circuit judge shall complete training on evidence-based practices, including
the use of validated risk and needs assessments and behavioral health assessments in decision
making, mental illness, eligibility criteria for mental health services, and availability of mental health
services. The form and length of this training requirement shall be determined by the Chief Justice.
As used in this section, the term, behavioral health assessment, means an evaluation to determine
the extent of an individual's substance abuse or mental health service needs.
Section 31. That the code be amended by adding a NEW SECTION to read:
Section 31. That the code be amended by adding a NEW SECTION to read:
The Department of Social Services shall annually compile a list of services available through the
community mental health system and eligibility criteria for each service to distribute to judges, court
services officers, and jails. The department shall coordinate with the Unified Judicial System and
sheriffs to disseminate this information.
Section 32. That § 16-22-24 be amended to read:
16-22-24. Treatment and intervention programs, as used in this section, mean substance abuse, mental health, or cognitive based treatment received by probationers or parolees.
Section 32. That § 16-22-24 be amended to read:
16-22-24. Treatment and intervention programs, as used in this section, mean substance abuse, mental health, or cognitive based treatment received by probationers or parolees.
All treatment and intervention programs for parolees and probationers shall be intended to reduce
recidivism as demonstrated by research or documented evidence.
Payment for substance abuse or mental health treatment services may be made only if the
services are recommended through an assessment conducted by a provider accredited by the
Department of Social Services. Payment for cognitive based treatment services may be made only
if the services are recommended through a risk and needs assessment tool used by the Department
of Corrections or the Unified Judicial System.
The Department of Social Services shall collect data related to the participation, completion and
treatment outcomes of all probationers and parolees receiving treatment services paid for by the
Department of Social Services. The Department of Social Services shall report this information
semiannually to the oversight council.
The Department of Corrections shall collect data on the recidivism outcomes of parolees
receiving treatment and interventions. The Department of Corrections shall report this information
semiannually to the oversight council.
The Unified Judicial System shall collect data on the recidivism outcomes of probationers
receiving treatment and interventions, the number and the percentage of probationers referred for
mental health assessment, the number and the percentage of probationers referred for mental health
treatment, and the annual cost of probationer mental health assessments and treatment both in total
and separated by funding source. The Unified Judicial System shall report this information
semiannually to the oversight body established pursuant to § 16-22-21.
Section 33. That the code be amended by adding a NEW SECTION to read:
Section 33. That the code be amended by adding a NEW SECTION to read:
There is hereby established an oversight council responsible for monitoring and reporting
performance and outcome measures related to the provisions set forth in this Act. The Unified
Judicial System shall provide staff support for the council.
Section 34. That the code be amended by adding a NEW SECTION to read:
Section 34. That the code be amended by adding a NEW SECTION to read:
The oversight council shall be composed of fourteen members. The Governor shall appoint the
following four members: a member from the Department of Social Services; a member from law
enforcement; a member from a mental health provider; and one at-large member. The Chief Justice
shall appoint the following four members: a member who is a criminal defense attorney; a member
who is a judge; one member who is a county commissioner; and one at-large member. The majority
leader of the Senate shall appoint two senators, one from each political party. The majority leader
of the House of Representatives shall appoint two representatives, one from each political party. The
attorney general shall appoint two members, one of whom shall be a state's attorney.
Section 35. That the code be amended by adding a NEW SECTION to read:
The oversight council shall meet within ninety days after appointment and shall meet at least
semiannually thereafter. The oversight council terminates five years after its first meeting, unless the
Legislature, by Joint Resolution, continues the oversight council for a specified period of time.
The oversight council has the following powers and duties:
(1) Review the recommendations of the task force on community justice and mental illness
early intervention from the final report dated November 2016 and track implementation
and evaluate compliance with this Act;
(2) Review data and reporting required by this Act;
(3) Review compliance with the training required by this Act;
(4) Calculate costs averted by the provisions in this Act;
(5) Establish a statewide crisis intervention training review team. The review team shall
analyze and make recommendations to the oversight council on the ongoing need for a
crisis intervention training coordinator to provide training and technical assistance to
cities, counties, or regions across the state; build local capacity for crisis intervention; and
expand the number of crisis intervention trained law enforcement officers. The crisis
intervention training review team shall collect and report semiannually to the oversight
council data on the number of requests for assistance from the crisis intervention training
coordinator, the names of the agencies submitting the requests for assistance, the number
of requests granted, the number of law enforcement officers trained, and training
adherence to the Memphis crisis intervention team model or other evidence-based model.
The crisis intervention review team shall, upon completion of the first year of the crisis
intervention training coordinator funding, make a recommendation to the oversight
council as to the continued funding of the crisis intervention training coordinator. The
review team shall terminate upon the recommendation of the oversight council;
(6) Review the recommendations of the crisis intervention team training review team;
(7) Review the crisis response grants distributed pursuant to section 7 of this Act;
(8) Review the Division of Criminal Investigation's development of training on mental
illness;
(9) Evaluate the need for and feasibility of a statewide crisis call center or regional call
centers for persons in crisis;
(10) Track progress and make recommendations to improve the implementation of mental
health screenings in jails pursuant to sections 2, 3, 4, and 5 of this Act;
(11) Establish a work group to make recommendations to the council to create a process for
the completion of a mental health assessment following a jail mental health screening.
The work group shall estimate the cost of assessments needed following screening at the
time of jail intake, using data from the jail mental health screening pilot program;
examine payment options including cost-sharing between state and counties; determine
improvements to information sharing between jails and mental health providers; and
consider whether an individual with a screening indicating the need for assessment has
a pre-existing relationship with a mental health provider;
(12) Review the payments to counties for mental competency examinations and reports
pursuant to section 15 of this Act;
(13) Evaluate the need for and feasibility of forensic assertive community treatment teams;
(14) Establish a work group that includes representatives from sheriffs, jail administrators, jail
mental health staff providers, and community mental health providers to make
recommendations to the council to improve information sharing among jails and mental
health providers and improve coordination among jails and mental health providers to
refer persons released from jail to mental health services;
(15) Monitor the competency evaluation funding program;
(16) Study and make recommendations to improve the recruitment and retention of mental
health professionals;
(17) Study and make recommendations to expand access to mental health services for criminal
justice populations;
(18) Evaluate the need for and feasibility and cost effectiveness of telehealth options for jail
mental health assessments, consultations for law enforcement officers who encounter
persons in crisis, crisis response during law enforcement encounters with persons in crisis,
mental health services for persons on probation, and mental health services for persons
in jail;
(19) Make recommendations to the Governor and Legislature regarding pilot programs for
needed and feasible telehealth options to provide mental health services to persons with
mental illness in the criminal justice system; and
(20) Prepare and submit an annual summary report of the performance and outcome measures
that are part of this Act to the Legislature, Governor, and Chief Justice. The report shall
include recommendations for improvements and a summary of savings generated from
this Act.
Section 36. There is hereby appropriated the sum of six hundred fifty-five thousand three hundred forty-three dollars ($655,343) in other fund expenditure authority, or so much thereof as may be necessary, to the Unified Judicial System for expenditures from the court automation fund for the purpose of mental health awareness and implementation.
Section 37. The Chief Justice of the Supreme Court shall approve vouchers and the state auditor
An Act to provide and revise certain provisions regarding mental health procedures in criminal justice, to make an appropriation therefor, and to declare an emergency.
Section 36. There is hereby appropriated the sum of six hundred fifty-five thousand three hundred forty-three dollars ($655,343) in other fund expenditure authority, or so much thereof as may be necessary, to the Unified Judicial System for expenditures from the court automation fund for the purpose of mental health awareness and implementation.
Section 37. The Chief Justice of the Supreme Court shall approve vouchers and the state auditor
shall draw warrants to pay expenditures authorized by this Act.
Section 38. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 39. Sections 4, 5, 6, 14, 25, 26, and 28 of this Act are effective on July 1, 2018. The
remaining sections of this Act, except sections 33 to 38, inclusive, are effective on July 1, 2017.
Section 40. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and sections 33 to 38, inclusive, of this
Act shall be in full force and effect from and after its passage and approval.
An Act to provide and revise certain provisions regarding mental health procedures in criminal justice, to make an appropriation therefor, and to declare an emergency.
|
I certify that the attached Act originated in the
HOUSE as Bill No. 1183
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1183 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 _________________________ |
