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34-20A-55Protective custody of intoxicated or incapacitated person--Emergency commitment--Detention.

Any person who appears to be intoxicated or incapacitated by the effects of alcohol or drugs and is clearly dangerous to the health and safety of himself or herself or others may be taken into protective custody by law enforcement authorities, acting with probable cause. If the person is taken into protective custody, the person shall be taken to an approved treatment facility offering detoxication services for emergency commitment. If emergency commitment is not appropriate, as determined by the administrator of the treatment facility or an authorized designee, the person may be detained as a patient in protective custody until no longer intoxicated or up to forty-eight hours after admission. If no approved treatment facility is readily available, the person shall be taken to an emergency medical service or a jail, but only until the person is no longer intoxicated or incapacitated or only so long as may be necessary to prevent injury to himself or herself or others.

Source: SL 1974, ch 240, § 10 (a), (b); SL 1975, ch 222; SDCL Supp, § 34-20A-54; SL 1976, ch 217, § 3; SL 1983, ch 198, § 10; SL 1985, ch 277, § 7; SL 2010, ch 173, § 1.


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