27A-11A-1      Process issued by board--Conduct of meetings--Evidentiary rulings--Notice by mail.
27A-11A-1.1      Petitions, applications, and documents made under oath or affirmation.
27A-11A-1.2      Qualification of electronic document as signed document.
27A-11A-1.3      Assurance of authenticity of electronic signature.
27A-11A-1.4      Electronically transmitted facsimile.
27A-11A-1.5      Statutes, rules, standards, and practices for accepting documents for filing or admission as evidence not altered--Exceptions.
27A-11A-2      Stenographic record of proceedings--Certified transcript or tape requested by patient--Expense.
27A-11A-3      Filing of board papers with clerk of courts--Confidentiality and access.
27A-11A-4      State's attorney to represent petitioners--Reasonable costs.
27A-11A-5      Personal service of petition and notice of hearing--Contents of notice.
27A-11A-6      Sheriff's and witnesses' fees.
27A-11A-7      Assignment of counsel to represent alleged mentally ill person--Time allowed.
27A-11A-8      Interrogatories to be answered with health professional's certificate or examination.
27A-11A-9      Expenses of evaluation--Additional examination.
27A-11A-10      Precautions against drugs hampering defense--Record of treatments administered.
27A-11A-11      Personal appearance at hearing--Presentation of evidence--Choosing not to appear.
27A-11A-12      Compensation for appointed counsel.
27A-11A-13      Determining residency.
27A-11A-14      Request by county to reopen hearing on question of residence--Time and place of hearing--Notice--Filing and mailing of ultimate finding--Payment of expenses.
27A-11A-15      Attorney general notified of findings as to nonresidency in state.
27A-11A-16      Hearing reopened at attorney general's request--Notice--Mailing of ultimate findings--Payment of expenses.
27A-11A-17      County of residence to refund attorney general's expenses.
27A-11A-18      Distribution of copies of board findings and documents.
27A-11A-19      Hearing required prior to transfer of involuntarily committed patient--Petition--Payment of expenses.
27A-11A-20      Appointment of escort to convey patient to center--Same sex--Expenses--Relative as escort.
27A-11A-21      Noncompliance with treatment order--Alternative treatment--Notice and right to counsel.
27A-11A-22      Unsuccessful treatment--Hearing--Modification of treatment.
27A-11A-23      Fund designated for expenses of commitment proceeding.
27A-11A-24      Rules of evidence.
27A-11A-25      Appeal of final order--Costs for indigent person.
27A-11A-26      Appointed attorney not guardian ad litem.
27A-11A-27      Guardianship of estate unaffected by board proceedings.
27A-11A-28      Location and conduct of hearings and reviews.

27A-11A-1. Process issued by board--Conduct of meetings--Evidentiary rulings--Notice by mail.

The chairman or acting chairman of the board of mental illness shall sign and issue all notices, appointments, warrants, subpoenas, or other process required to be given or issued by the board, shall be responsible to conduct all meetings and hearings by the board and shall make all evidentiary rulings. The notices, reports, and communications herein required to be given or made may be sent by mail unless otherwise expressed or implied, and the fact and date of such sending or reception shall be noted on the proper record.

Source: SDC 1939, § 30.0105; SDCL, § 27-6-6; SL 1975, ch 181, § 78; SL 1991, ch 220, § 136; SDCL, § 27A-7-5.

27A-11A-1.1. Petitions, applications, and documents made under oath or affirmation.

Notwithstanding the provisions of § 27A-10-1, petitions, applications, or documents made within this state in connection with proceedings under Title 27A are deemed to be made under oath or affirmation or verified by affidavit without notarization if the person signing the document attests, at the end of the document, in substantially the following form:

"I swear or affirm, under penalty of perjury, under the laws of the State of South Dakota that the foregoing is true and correct.

Executed on__________(date) in the county of__________(county name)

in the State of South Dakota

____________________(signature)

____________________(signer's address and telephone number)."

A document that is sworn to or affirmed under this section without notarization shall include a telephone number and address so that the signer can be contacted.

Source: SL 2012, ch 149, § 27.

27A-11A-1.2. Qualification of electronic document as signed document.

If a document is required to be signed pursuant to this chapter in order to be effective, an electronic document qualifies as a signed document:

(1)    Without the person's physical signature, if an entity has an electronic signature system that meets a minimum security standard of two-factor authentication, such as name and password, or biometric identification that is uniquely reconcilable to a single actor and that results in a nonmodifiable document after the electronic signature is affixed, and the document indicates an electronic signature in some manner, such as

"s/____________________(name of signer)"; or

(2)    With the person's physical signature, if the document is optically scanned into the entity's records.

Source: SL 2012, ch 149, § 28.

27A-11A-1.3. Assurance of authenticity of electronic signature.

Notwithstanding § 27A-11A-1.2, the board may determine that an entity's electronic signature system does not provide sufficient assurance of authenticity of signed documents or that an electronic signature system different from that described in § 27A-11A-1.2 provides sufficient assurance of authenticity.

Source: SL 2012, ch 149, § 29.

27A-11A-1.4. Electronically transmitted facsimile.

An electronically transmitted facsimile of a document pursuant to this chapter may be filed with the board and received into evidence in the same manner and with the same effect as the original document.

Source: SL 2012, ch 149, § 30.

27A-11A-1.5. Statutes, rules, standards, and practices for accepting documents for filing or admission as evidence not altered--Exceptions.

Nothing in the provisions of §§ 27A-11A-1.1 to 27A-11A-1.4, inclusive, alters any statute, rule, standard, or practice for accepting documents for filing or admitting documents as evidence, except with respect to:

(1)    The manner of making written statements under oath or affirmation or by verified affidavit;

(2)    The acceptability of electronically transmitted facsimile copies; and

(3)    The acceptability of electronic signatures.

Subsections (1) and (2) of this section address only the acceptability of documents obtained from an entity's electronic records system and does not determine whether the board is required or permitted to accept electronic filing of documents.

Source: SL 2012, ch 149, § 31.

27A-11A-2. Stenographic record of proceedings--Certified transcript or tape requested by patient--Expense.

A court reporter shall attend all hearings of the county board of mental illness and keep a stenographic record of all proceedings; or a record of all hearings shall be recorded by tape recorder or other sound reproducing equipment. If a tape recorder or other sound reproducing equipment is used, the equipment shall be of such quality that each word of the testimony and rulings made with reference thereto can be clearly heard and understood. All recorded testimony shall be preserved for at least five years.

A person who has been committed may request a certified transcript or, if a tape recorder is utilized, a copy of the taped testimony of the hearing. To obtain a copy the patient shall pay for a transcript or copy of the tape recorded testimony or shall file an affidavit that he is without means to pay for such transcript or tape recording. If the affidavit is found true by the board of mental illness, the expense of the transcript or copy of the tape recorded testimony is a charge upon the county of residence of the patient.

Source: SDC 1939, § 30.0107; SL 1953, ch 176; SDCL, § 27-7-15; SL 1975, ch 181, §§ 73, 96; SDCL Supp, § 27-6-5.1; SL 1977, ch 211, § 3; SL 1987, ch 198, § 5; SL 1991, ch 220, §§ 137, 138; SDCL Supp, § 27A-7-6; SDCL, § 27A-9-30.

27A-11A-3. Filing of board papers with clerk of courts--Confidentiality and access.

The chairman or acting chairman of the board of mental illness shall cause to be filed in the office of the clerk of courts all papers and any other records of proceedings connected with any inquest of the board, and properly belonging to his office with all notices, reports, and other communications. The clerk of courts shall keep separate books in which to record the proceedings of the board, and his entries shall be sufficiently full to show, with the papers filed, a complete record of the findings, orders, and transactions of the board.

All records of proceedings under this title shall be subject to the confidentiality and access provisions of § 27A-12-25 et seq. Any such records regarding a person who is released prior to or directly following the completion of a hearing provided for in § 27A-10-8 shall be sealed upon such release and shall be opened only by court order of the circuit court.

Source: SDC 1939, § 30.0105; SDCL, § 27-6-7; SL 1991, ch 220, § 139; SDCL, § 27A-7-7.

27A-11A-4. State's attorney to represent petitioners--Reasonable costs.

In any proceeding for involuntary commitment, review, or detention, or in any proceeding challenging commitment or detention, the state's attorney for the county in which the proceeding is held shall represent the petitioner and shall defend all challenges to commitment or detention. The county ultimately shown to be the county of residence shall reimburse the county in which the proceeding is held for any reasonable cost of such representation. No lien may be placed against the person for the costs incurred in any proceeding for involuntary commitment, review, or detention.

Source: SL 1975, ch 181, § 82; SDCL Supp, § 27-7-2.3; SL 1991, ch 220, § 140; SDCL, § 27A-9-4; SL 1999, ch 143, § 6; SL 2000, ch 129, § 11.

27A-11A-5. Personal service of petition and notice of hearing--Contents of notice.

Copies of the petition and notice of hearing shall be personally served forthwith on the person prior to the hearing by the sheriff, or a constable, or an elector of any state not a party to the action that is specifically designated by the board. The notice of hearing shall include the following:

(1)    Notice of the time, date, and place of hearing;

(2)    Notice to the person of the right to be represented by an attorney retained by the person or appointed by the chair of the board wherever the hearing is to be held;

(3)    Notice that the person will be examined by a qualified mental health professional or physician designated by the chair of the county board within twenty-four hours of being taken into custody;

(4)    Notice that the medical records of the person will be available to the qualified mental health professional or physician and defense lawyer; and

(5)    Notice of the right of the person to obtain an additional examination, the reasonable expense of which shall be reimbursed to the county by the person unless the person is indigent.

Source: SL 1975, ch 181, § 87; SL 1976, ch 168, § 5; SDCL Supp, § 27-7-2.5; SL 1991, ch 220, § 141; SDCL, § 27A-9-6; SL 1995, ch 161; SL 2005, ch 145, § 1.

27A-11A-6. Sheriff's and witnesses' fees.

The sheriff shall be allowed the same fee as for like services in other cases. The witnesses shall be allowed the same fees as the witnesses in the circuit court.

Source: SDC 1939, § 30.0120; SL 1951, ch 155; SL 1959, ch 174, § 1; SL 1961, ch 154; SL 1963, ch 202; SDCL, § 27-6-10; SL 1991, ch 220, § 142; SDCL, § 27A-9-7.

27A-11A-7. Assignment of counsel to represent alleged mentally ill person--Time allowed.

If upon the completion of the evaluation required in § 27A-10-6 it is determined that a hearing shall be held and the alleged mentally ill person has not or cannot employ his own counsel, the chairman of the board of mental illness where the hearing is to be held shall immediately assign counsel to represent the interests of the person. In no instance may a person not be represented by counsel.

Source: SL 1974, ch 182, § 5; SDCL Supp, §§ 27-7-2.1, 27-7-2.6; SL 1975, ch 181, § 87; SL 1991, ch 220, § 143; SDCL, § 27A-9-8.

27A-11A-8. Interrogatories to be answered with health professional's certificate or examination.

If a hearing is held on a petition for involuntary commitment, correct answers to the following interrogatories, so far as they can be obtained, shall accompany the report of the qualified mental health professional's initial examination, which shall be provided to the person's attorney and state's attorney prior to the hearing:

(1)    HISTORY

(a) Informant:    (1) Name

(2) Address

(3) Relationship

(b) Patient:     (1) Full name

(2) Born, place, date

(3) Sex, race, education

(4) Occupation

(5) Social Security No.

(6) How long in South Dakota

(7) Marital status

(c) Wife/Husband:    (1) Name

(2) Address

(d) Father:     (1) Full name

(If a minor) (2) Address

(e) Mother:     (1) Full name

(If a minor) (2) Address

(f) Next of kin: (1) Full name

(2) Address

(3) Relationship

(g) Legally responsible relative or guardian:

(1) Full name

(2) Address

(3) Relationship

(h)    Military service

(i)    Previous treatment for mental illness: Give dates and places of treatment, dates of previous hospitalization, etc.

(j)    A review of previous behavior or acts which led to involuntary commitment or treatment which are similar or related to the person's present psychiatric condition or status

(2)    EXAMINATION

Findings:

(a)    Physical condition, including any special test results:

(b)    Present mental condition:

(c)    Is this patient considered to be a danger to himself? If so, explain:

(d)    Is this patient considered to be a danger to others? If so, explain:

(e)    Diagnostic impression:

(f)    Is the person taking any medication or drugs? List them if known. In your opinion, do these have an effect on the person's current behaviors? If so, explain:

(g)    In your opinion, could this person benefit from treatment? If so, please list the least restrictive alternatives:

(h)    Signature of qualified mental health professional.

Source: SDC 1939, § 30.0110; SL 1965, ch 146; SDCL, § 27-7-10; SL 1975, ch 181, § 95; SL 1991, ch 220, § 144; SDCL, § 27A-9-11; SL 1995, ch 154, § 2.

27A-11A-9. Expenses of evaluation--Additional examination.

The referring county shall pay any expenses of the evaluation required in §§ 27A-10-6 and 27A-15-17.1, subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the person for the costs incurred in completing the evaluation required in §§ 27A-10-6 and 27A-15-17.1. The person has the right to obtain an additional examination paid for by the county which may be placed in evidence before the board, the reasonable expense of which shall be reimbursed to the county unless the person is indigent. A lien for the amount of these costs may be filed upon the person's real and personal property to ensure payment.

Source: SL 1975, ch 181, § 88; SL 1976, ch 168, § 8; SDCL Supp, § 27-7-12.1; SL 1991, ch 220, § 145; SDCL, § 27A-9-12; SL 1992, ch 189, § 17B; SL 1999, ch 143, § 7; SL 2000, ch 129, § 12.

27A-11A-10. Precautions against drugs hampering defense--Record of treatments administered.

If the person is receiving treatment, the qualified mental health professional shall take all reasonable precautions to ensure that at the time of the hearing the person is not so under the influences of, or so affected by drugs, medication, or other treatment or interventions as to be hampered in preparing for or participating in the hearing. The board of mental illness at the time of the hearing shall be presented a record of all drugs, medication, and other treatments or interventions the person has received since being taken into custody. For review hearings, the board of mental illness at the time of hearing shall be presented with the medical record containing information on medications and treatments the person has received within the past year.

Source: SL 1975, ch 181, § 89; SDCL Supp, § 27-7-12.2; SL 1991, ch 220, § 146; SDCL, § 27A-9-13; SL 1992, ch 189, § 4.

27A-11A-11. Personal appearance at hearing--Presentation of evidence--Choosing not to appear.

The person may appear personally at any hearing and testify on his own behalf, but may not be compelled to do so. He has the right to subpoena and cross-examine witnesses and to present evidence. If the person chooses not to appear, his attorney shall state on the record that the person has been informed of the hearing and of his right to appear and chooses not to exercise this right. Documentation of the reasons for the person's decision may not be required. The board of mental illness may exclude any person not necessary for the conduct of the proceedings from the hearings, except any person requested to be present by the proposed patient.

Source: SL 1975, ch 181, § 90; SDCL Supp, § 27-7-12.3; SL 1991, ch 220, § 147; SDCL, § 27A-9-14.

27A-11A-12. Compensation for appointed counsel.

Counsel appointed by the board or a court to represent a person shall be paid by the county of residence. The counsel shall be reasonably compensated for such services and for necessary expenses and costs incident to the proceedings at the rate fixed by the circuit court and in an amount approved by the chair of the board of mental illness of the referring county. No lien may be placed against the patient for the cost of counsel related to any pre-commitment hearing or hearing to review commitment status pursuant to §§ 27A-10-14 and 27A-10-15.

Source: SL 1974, ch 182, § 5; SDCL Supp, §§ 27-6-13, 27-7-2.1; SL 1975, ch 181, § 74; SL 1987, ch 198, § 13; SL 1991, ch 220, § 148; SDCL Supp, § 27A-9-15; SL 2000, ch 129, § 13.

27A-11A-13. Determining residency.

If the board of mental illness finds that a person meets the criteria in § 27A-10-9.1, the board shall enter a finding, based on the criteria in § 28-13-3, regarding the county of residence of the person or a finding that the person is not a resident of this state.

Source: SL 1986, ch 227, § 1; SL 1991, ch 220, § 149; SDCL Supp, § 27A-9-18.1.

27A-11A-14. Request by county to reopen hearing on question of residence--Time and place of hearing--Notice--Filing and mailing of ultimate finding--Payment of expenses.

Within ten days of the auditor's receipt of the committing board's findings regarding the residence and summary of proofs thereon, the county, other than the referring county, in which residence was found to be may request the committing board of mental illness to reopen the hearing upon the question of the person's residence by mailing a request to the chair of the committing board of mental illness. Upon receipt of the request to reopen the commitment hearing, the committing board of mental illness shall, as soon as practicable, afford the county determined to be the person's county of residence an opportunity to appear before the board, at a time and place set by the board and not more than thirty days from the date of the request to reopen the hearing. Notice of the reopened hearing shall be given to the county where the person was found and to the county requesting the reopening of the hearing at least ten days prior to the reopened hearing by mailing notice thereof to the respective county auditors . Either county appearing at the reopened hearing may present any evidence it may have to establish that it is not the county of residence of the person. The board shall then determine, by a preponderance of evidence, the county of residence of the patient and either affirm or modify its prior finding. The ultimate finding of residence shall be filed with the clerk of courts of the committing county and the county of residence with copies mailed to the administrator of the center or other facility where the person is undergoing treatment.

The referring county shall pay any expenses incurred by the committing board in conducting any reopened hearing, subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the patient for the costs incurred in conducting any reopened hearing requested by county regarding the question of residence.

Source: SL 1986, ch 227, § 3; SL 1987, ch 198, § 13A; SL 1988, ch 216, § 3; SL 1991, ch 220, § 150; SDCL Supp, § 27A-9-18.2; SL 1999, ch 143, § 8; SL 2000, ch 129, § 14.

27A-11A-15. Attorney general notified of findings as to nonresidency in state.

If a person is found at an initial or reopened hearing not to be a resident of the state, the board of mental illness shall forward to the attorney general a copy of its findings and a summary of the proofs upon which the findings are based.

Source: SL 1986, ch 227, § 4; SL 1991, ch 220, § 151; SDCL Supp, § 27A-9-18.3.

27A-11A-16. Hearing reopened at attorney general's request--Notice--Mailing of ultimate findings--Payment of expenses.

Within ten days of the attorney general's receipt of the committing board's findings regarding residence and summary of proofs thereon, the attorney general may request the committing board of mental illness to reopen the hearing by mailing a request to the chairman of the committing board of mental illness. Notice of the reopened hearing shall be given to any county adversely interested and to the attorney general at least ten days prior to the reopened hearing by mailing notice to the county auditor of any county adversely interested and to the attorney general. Any county adversely interested or the attorney general may present evidence to establish the residence of the person at the reopened hearing. The board shall then determine, by a preponderance of evidence, whether the person is a resident of a particular county or whether the patient is not a resident of the state and shall affirm or modify its prior finding. The ultimate finding of residence shall be filed with the clerk of courts of the committing county and copies thereof mailed to the administrator of the center or other facility where the patient is undergoing treatment and to the auditor of any county found to be the residence of the patient or to the attorney general if the person is found not to be a resident of the state.

Expenses incurred by the committing board in conducting any reopened hearing shall be paid by the referring county, subject to reimbursement by the county ultimately proven to be the county of residence or if a nonresident of the state, by the State of South Dakota.

Source: SL 1986, ch 227, § 5; SL 1988, ch 216, § 4; SL 1991, ch 220, § 152; SDCL Supp, § 27A-9-18.4.

27A-11A-17. County of residence to refund attorney general's expenses.

Expenses incurred by the attorney general on account of a person whose residence is in a county of this state shall be refunded with lawful interest thereon by the county of residence.

Source: SL 1986, ch 227, § 7; SL 1991, ch 220, § 153; SDCL Supp, § 27A-9-18.5.

27A-11A-18. Distribution of copies of board findings and documents.

If a person is found by the county board of mental illness to meet the criteria in § 27A-10-9.1, the chair of the board of the county in which such person is so adjudged shall notify the administrator, or facility director, or if the person is not committed to an inpatient psychiatric facility, the program director, by immediately forwarding a duplicate copy of the report of the examining qualified mental health professional, a duplicate order committing the person or ordering treatment, and the findings of the board including the board's finding regarding the county of residence of the person or its finding that such person is not a resident of this state.

Source: SDC 1939, §§ 30.0108, 30.0113; SL 1945, ch 126; SDCL §§ 27-7-17, 27-7-22; SL 1975, ch 181, §§ 97, 100; SL 1980, ch 10, § 6; SL 1986, ch 227, § 2; SL 1991, ch 220, § 154; SDCL Supp, § 27A-9-19; SDCL § 27A-9-31; SL 2012, ch 149, § 24.

27A-11A-19. Hearing required prior to transfer of involuntarily committed patient--Petition--Payment of expenses.

No person who is under an order of involuntary commitment may be transferred to a more restrictive treatment facility without, prior to the transfer, a hearing before the board of mental illness which committed the person. A petition for transfer shall be filed with the chair of the board. The person shall have at least five days notice of the hearing and has the right to be represented by an attorney. At the time of the notice, the board chair shall appoint an attorney to represent the person if that person has not retained counsel.

If transfer to the more restrictive treatment facility is necessary to prevent the immediate danger of physical harm to the person or others, the transfer may be authorized by the chair of the board pending the hearing. The hearing shall be held within five days of the initiation of the transfer, within six days if there is a Saturday, Sunday, or holiday within that time period, or within seven days if there is a Saturday, Sunday, and holiday within that time period.

Upon completion of the hearing, if the board finds by clear and convincing evidence supported by written findings of fact and conclusions of law that the proposed transfer meets the criteria in § 27A-10-9.1, the board may authorize the transfer pursuant to the initial commitment order. The transfer hearing does not substitute for the review hearings to which the person would otherwise be entitled under §§ 27A-10-14 and 27A-10-15.

The county board of mental illness authorizing a transfer under this section may authorize the sheriff of the county from which the person was initially committed to transfer the person at the expense of the county. The sheriff shall be paid no per diem but only mileage as allowed by law.

Source: SDC 1939, § 30.0113 as added by SL 1945, ch 126; SDCL, § 27-7-24; SL 1991, ch 220, §§ 155, 156; SDCL, § 27A-9-25; SL 1997, ch 164, § 3.

27A-11A-20. Appointment of escort to convey patient to center--Same sex--Expenses--Relative as escort.

The chairman of the county board of mental illness may appoint someone, other than a relative of the patient, to convey the patient to the center or facility, but in no instance may a person convey persons of the opposite sex and no per diem or other compensation other than expenses may be allowed such attendant.

If any relative or member of the family of the person desires to convey such person to the center or facility, the chairman of the board may authorize such relative or member of the family to take charge of such person to convey him to the center or facility; provided, that in the judgment of the chairman of the board such relative or member of the family is a competent person for that purpose and that such person can with safety be entrusted to the care of such relative while en route.

Source: SDC 1939, §§ 30.0113, 30.0114; SL 1945, ch 126; SDCL, §§ 27-7-25, 27-7-26; SL 1975, ch 181, § 101; SL 1991, ch 220, § 157; SDCL, § 27A-9-26.

27A-11A-21. Noncompliance with treatment order--Alternative treatment--Notice and right to counsel.

If the person ordered to undergo a program of treatment does not comply with the order, the board of mental illness shall conduct a hearing for the sole purpose of determining compliance or noncompliance, and if noncompliance is determined, the board may modify its original order and direct the person to undergo an alternative program of treatment consistent with the criteria in § 27A-10-9.1. At least five days' notice of the hearing shall be given to the person, and the person shall be represented by counsel.

Source: SL 1975, ch 181, § 91; SDCL Supp, § 27-7-19.1; SL 1991, ch 220, § 158; SDCL § 27A-9-28; SL 2012, ch 149, § 25.

27A-11A-22. Unsuccessful treatment--Hearing--Modification of treatment.

If at any time while a person is under an order of commitment it comes to the attention of the board of mental illness that the program of treatment has not been successful, the board shall conduct a hearing within five days, within six days if there is a Saturday, Sunday, or holiday within that time period, or within seven days if there is a Saturday, Sunday, and holiday within that time period. The person shall be represented by counsel and the person and the counsel shall be given at least five days notice of the hearing. If the board finds that the program of treatment has not been successful, it shall modify the original order and direct the person to undergo an alternative program of treatment if consistent with the criteria in § 27A-10-9.1.

If at any time while the person is under an order of commitment the administrator, facility director, or program director determines that the program of treatment has not been successful, the administrator, facility director, or program director shall notify the board of mental illness of that fact.

Source: SL 1975, ch 181, § 92; SDCL § 27-7-19.2; SL 1991, ch 220, § 159; SDCL § 27A-9-29; SL 1997, ch 164, § 4; SL 2012, ch 149, § 26.

27A-11A-23. Fund designated for expenses of commitment proceeding.

The compensation, fees, and expenses in any commitment proceeding shall be allowed and paid out of a fund designated for that purpose in the county treasury in the usual manner, if there is a sufficient amount in such fund to pay the same, and if not, it may be paid out of the general fund.

Source: SDC 1939, § 30.0120; SL 1951, ch 155; SL 1961, ch 154; SDCL, § 27-6-11; SL 1975, ch 181, § 80; SL 1991, ch 220, § 160; SDCL, § 27A-9-33.

27A-11A-24. Rules of evidence.

The rules of evidence shall be followed at all hearings and reviews held pursuant to this title.

Source: SL 1991, ch 220, § 161.

27A-11A-25. Appeal of final order--Costs for indigent person.

A person may appeal a final order of a county board of mental illness pursuant to any hearing or review conducted under this title. In the case of a minor, or a person for whom the guardian has been appointed, such right to appeal may be exercised on behalf of the person by an attorney. The person shall be advised of this right upon the termination of any proceedings, both verbally and in writing. The appeal shall be conducted in accordance with the provisions of chapter 1-26.

None of the rights granted in this section may be denied due to a person's inability to pay for costs and fees incurred in such proceedings. The board of county commissioners of the county where an indigent person has residence shall provide for the cost of representation of the person through the conclusion of actions brought under this section.

Source: SL 1991, ch 220, § 162; SL 1999, ch 143, § 9.

27A-11A-26. Appointed attorney not guardian ad litem.

An attorney appointed under the provisions of this chapter shall advocate the legal rights of the person and otherwise fully represent him. The attorney shall not act as a guardian ad litem.

Source: SL 1991, ch 220, § 163.

27A-11A-27. Guardianship of estate unaffected by board proceedings.

The findings, order, or judgment of a board of mental illness may not affect any guardianship proceeding instituted before or after such findings, order, or judgment by any court having jurisdiction in such cases, excepting that the provisions of this title shall control the custody, treatment, care, and other regulation and rights of an involuntarily committed person.

Source: SDC 1939, § 30.0109; SDCL, § 27-7-21; SL 1975, ch 181, § 99; SL 1991, ch 220, § 164; SDCL, § 27A-9-27.

27A-11A-28. Location and conduct of hearings and reviews.

Hearings and reviews provided by this title shall be conducted in a courtroom of the county courthouse or such other place within the designated county as the chairman of the county board may designate with due regard to the rights, safety, and comfort of the person.

Source: SL 1991, ch 220, § 165.