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CHAPTER 27A-10

EMERGENCY COMMITMENT OF DANGEROUSLY ILL PERSONS

27A-10-1    Petition asserting need for immediate intervention of mentally ill person--Contents.

27A-10-1.1    Center as appropriate regional facility in certain circumstances.

27A-10-1.2    Appropriate regional facility--Application for Designation by Department of Social Services--Requirements.

27A-10-2    Order for apprehension of subject--Transportation to appropriate facility--Payment of expenses.

27A-10-3    Apprehension by peace officer of person believed to require emergency intervention--Transportation to appropriate regional facility.

27A-10-4    Petition on person apprehended.

27A-10-5    Notification of rights upon custody, detention, or filing of petition--Notice to county board where person apprehended.

27A-10-6    Examination of person detained--Report to chair--Expenses of examination.

27A-10-7    Results of examination--Person released upon failure of examination to meet criteria--Continued detention if criteria met.

27A-10-7.1    Chairman to make final determination where person voluntarily admits himself.

27A-10-7.2    Refusal of prehearing admission.

27A-10-8    Time limit for involuntary commitment hearing--Payment of expenses.

27A-10-9    Testimony of qualified mental health professional--Availability and appropriateness of alternatives.

27A-10-9.1    Ninety-day initial commitment to facility or outpatient treatment program--Release--Transportation--Notice of right to appeal.

27A-10-9.2    Medical treatment for mental illness or treatment of co-occurring substance use disorder.

27A-10-9.3    Least restrictive treatment alternative.

27A-10-9.4    Failure to comply with requirements of outpatient commitment or treatment order.

27A-10-9.5    Transportation by law enforcement--Limit upon detention and nonconsensual medication.

27A-10-9.6    Failure to comply with outpatient commitment or treatment order--Supplemental hearing--Alternative disposition.

27A-10-9.7    Detention by law enforcement officer for emergency intervention--Immunity from civil liability.

27A-10-10    27A-10-10 to 27A-10-13. Repealed by SL 1991, ch 220, §§ 122 to 125

27A-10-14    Review hearing after involuntary commitment order--Notice--Rights and procedures.

27A-10-15    Additional review hearings.

27A-10-16    Emergency apprehension--Evaluation by designated mental health professional.

27A-10-17    Prehearing admission and commitment denied if medical condition exceeds center's capacity.

27A-10-18    Refusal of admission and commitment when medical condition exceeds center's capacity.

27A-10-19    Twenty-four hour hold of severely mentally ill person permitted--Notice to county board.

27A-10-20    Definition of terms related to crisis referral and placement.

27A-10-21    Referral to mobile crisis team or crisis intervention team certified law enforcement officer--Voluntary resolution or placement.

27A-10-22    Discretion of law enforcement officer to arrest--Priority given to placement.

27A-10-23    Immunity from liability--Mobile crisis referral--Exception.

27A-10-24    Report to attorney general of certain names for reporting to National Instant Criminal Background Check System.


27A-10-1Petition asserting need for immediate intervention of mentally ill person--Contents.

If any person is alleged to be severely mentally ill and in such condition that immediate intervention is necessary for the protection from physical harm to self or others, any person, eighteen years of age or older, may complete a petition stating the factual basis for concluding that such person is severely mentally ill and in immediate need of intervention. The petition shall be upon a form and be verified by affidavit. The petition shall include the following:

(1)    A statement by the petitioner that the petitioner believes, on the basis of personal knowledge, that such person is, as a result of severe mental illness, a danger to self or others;

(2)    The specific nature of the danger;

(3)    A summary of the information upon which the statement of danger is based;

(4)    A statement of facts which caused the person to come to the petitioner's attention;

(5)    The address and signature of the petitioner and a statement of the petitioner's interest in the case; and

(6)    The name of the person to be evaluated; the address, age, marital status, and occupation of the person and the name and address of the person's nearest relative.

The state's attorney or other person designated by the board of county commissioners shall assist the petitioner in completing the petition. No designee may be a member of the county board of mental illness. Upon completion of the petition, the petition shall be forthwith submitted to the chair of the county board of mental illness where such severely mentally ill person is found. The term, forthwith, means that the petition shall be completed and submitted to the chair at the earliest possible time during normal waking hours. If a petition is not filed with the chair within twenty-four hours of the apprehension of the person, the person shall be released. If the person is released, the referring county shall provide the person with transportation to the county where the person was taken into custody if the person so chooses. If the county where the person was apprehended is served by a board other than the board serving the county where the facility to which the person is transported is located, a copy of the petition shall also be forthwith filed with the chair of such board.

Source: SL 1974, ch 184, § 2; SL 1975, ch 181, § 107; SDCL Supp, § 27-7A-2; SL 1991, ch 220, § 110; SL 2000, ch 129, § 3.


27A-10-1.1Center as appropriate regional facility in certain circumstances.

If a competent person agrees to receive treatment at the Human Services Center and the treatment is arranged with the center but upon arrival the person does not consent to admission or if a person agrees to accept treatment at the center and the treatment is arranged but upon arrival the person is examined and found not competent to consent to admission, if there is no next of kin available or if there is next of kin available but the person does not consent to admission, and if the attending psychiatrist has probable cause to believe that the person requires emergency intervention under the criteria in § 27A-10-1, the center may be used as an appropriate regional facility.

Source: SL 1999, ch 140, § 1.


27A-10-1.2. Appropriate regional facility--Application for Designation by Department of Social Services--Requirements.

For purposes of admitting a person who is apprehended under § 27A-10-2 or 27A-10-3, the Department of Social Services shall designate any facility as an appropriate regional facility if the facility is approved by the department in accordance with this section.

Any facility may apply to the department for designation as an appropriate regional facility at the time and in the manner established by the department under rule promulgated in accordance with chapter 1-26.

To be designated as an appropriate regional facility, a facility must:

(1)    Have the capacity for overnight residential services necessary to stabilize acute psychiatric or behavioral symptoms and evaluate treatment needs;

(2)    Have the capacity to admit individuals twenty-four hours per day and seven days per week;

(3)    Have the capacity to develop a crisis stabilization plan for each individual admitted;

(4)    Have on-site personnel twenty-four hours per day and seven days per week, and have medical personnel available, including by electronic communication, twenty-four hours per day and seven days per week;

(5)    Have the capacity to document daily interactions with or observations of the individual by treatment staff of the facility; and

(6)    Comply with any other requirements determined by the department by rule promulgated in accordance with chapter 1-26.

Source: SL 2020, ch 110, § 1.


27A-10-2Order for apprehension of subject--Transportation to appropriate facility--Payment of expenses.

After examination of a petition filed under § 27A-10-1, the chair of the county board of mental illness may order the apprehension and transportation by a law enforcement officer or other designee of any person whom the chair has probable cause to believe meets the criteria in § 27A-10-1 to an appropriate regional facility other than the Human Services Center. No jail may be used for prehearing custody until the availability of other appropriate regional facilities has been explored and exhausted. No person may be held in a jail for longer than twenty-four hours on a mental illness hold alone.

If the alleged mentally ill person is a nonresident of the state, the Human Services Center may be used as an appropriate regional facility. If a nonresident of the state is transported to the Human Services Center, the State of South Dakota shall pay any expenses and costs provided for in this title as the responsibility of the county of residence, subject to any right of reimbursement. If the Human Services Center is not utilized for a nonresident of the state, the referring county shall pay any expenses and costs provided for in this title as the responsibility of the county of residence, subject to any right of reimbursement.

If the facility to which the person is transported is in a county served by another board of mental illness, a copy of the petition shall be forthwith filed with the chair of such board. The referring county shall pay any expenses incurred in apprehension and transportation of the person, 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 the apprehension or transportation of the person.

Source: SL 1974, ch 184, § 3; SL 1975, ch 181, § 107; SDCL Supp, § 27-7A-3; SL 1988, ch 216, § 5; SL 1991, ch 220, § 111; SL 1999, ch 143, § 1; SL 2000, ch 129, § 4.


27A-10-3Apprehension by peace officer of person believed to require emergency intervention--Transportation to appropriate regional facility.

A peace officer may apprehend any person that he has probable cause to believe requires emergency intervention under the criteria in § 27A-10-1. The peace officer shall transport the person to an appropriate regional facility, as defined in § 27A-1-1, other than the Human Services Center for an examination as provided in § 27A-10-6. A jail may not be used for prehearing custody until the availability of other appropriate regional facilities has been explored and exhausted. No person may remain in a jail for longer than twenty-four hours on a mental illness hold alone.

Source: SL 1975, ch 181, § 108; SDCL Supp, § 27-7A-3.1; SL 1989, ch 21, § 92; SL 1991, ch 220, § 112.


27A-10-4Petition on person apprehended.

After a law enforcement officer or other designee transports an apprehended person to an appropriate regional facility pursuant to § 27A-10-3, the law enforcement officer, a physician, or other person with personal knowledge of the relevant facts shall complete a petition as provided in § 27A-10-1.

Source: SL 1975, ch 181, § 108; SDCL Supp, § 27-7A-3.2; SL 1984, ch 196; SL 1991, ch 220, § 113; SL 2000, ch 129, § 5.


27A-10-5Notification of rights upon custody, detention, or filing of petition--Notice to county board where person apprehended.

Immediately after a person is taken into custody pursuant to § 27A-10-2 or 27A-10-3, a hold is initiated pursuant to § 27A-8-10.1 or 27A-10-19, or a petition is filed pursuant to § 27A-8-11.2, the person shall be notified both orally and in writing of the following:

(1)    The right to immediately contact someone of the person's choosing;

(2)    The right to immediately contact and be represented by counsel;

(3)    That the person will be examined by a qualified mental health professional, designated by the chair of the county board of mental illness, within twenty-four hours after being taken into custody to determine whether custody should continue; and

(4)    The right, if custody is continued, to an independent examination and to a hearing within five days after being taken into custody, 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 further notified that the costs of any post-commitment treatment, medication, compensation for the attorney appointed to represent the person in any appeals proceedings, an additional examination requested by the person pursuant to § 27A-11A-9, and a certified transcript or tape of proceedings requested by the person pursuant to § 27A-11A-2 are that person's responsibility and that a lien for the amount of these costs may be filed upon the person's real and personal property to ensure payment.

The notice shall also be given forthwith to the county board serving the county where the person was apprehended.

Source: SL 1974, ch 184, § 4; SL 1975, ch 181, § 110; SDCL Supp, § 27-7A-4; SL 1977, ch 212, § 3; SL 1991, ch 220, § 114; SL 1992, ch 26, § 6; SL 1992, ch 189, § 34; SL 1995, ch 162, § 1; SL 1997, ch 164, § 1; SL 2000, ch 129, § 6.


27A-10-6. Examination of person detained--Report to chair--Expenses of examination.

Within twenty-four hours after the apprehension of any person who allegedly requires emergency intervention under § 27A-10-2 or 27A-10-3, a hold is initiated on the person pursuant to § 27A-8-10.1, or a petition is filed pursuant to § 27A-8-11.2, a qualified mental health professional designated by the chair of the county board of mental illness serving the area where the person is detained, other than the qualified mental health professional who brought the petition or initiated the hold, shall perform an examination, including a mental status examination, on the person. The examination may be conducted either in person or through real-time interactive audio and video. The qualified mental health professional shall perform the examination for each twenty-four-hour period during which the person is detained.

Preceding each examination, the qualified mental health professional shall identify herself or himself to the person and explain the nature and purpose of the examination, including that the examination is being performed to assist in the determination of whether the person should continue to be detained and that the examination may be used as evidence in an involuntary commitment hearing. The qualified mental health professional shall immediately report the findings from each examination performed under this section to the chair of the county board of mental illness.

The referring county shall pay any expenses of the examination by the qualified mental health professional, 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 the qualified mental health professional examination.

Source: SL 1974, ch 184, § 5; SL 1975, ch 181, § 109; SDCL Supp, § 27-7A-6; SL 1987, ch 198, § 15; SL 1991, ch 220, § 115; SL 1999, ch 143, § 2; SL 2000, ch 129, § 7; SL 2020, ch 111, § 1, eff. Mar. 12, 2020; SL 2020, ch 112, § 1.


27A-10-7Results of examination--Person released upon failure of examination to meet criteria--Continued detention if criteria met.

If the examination required in § 27A-10-6 does not support a finding that the person meets the criteria for involuntary commitment in § 27A-1-2, the person shall be released. Following such release, the referring county shall provide the person with transportation to the county where the person was taken into custody if the person so chooses. These costs are subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the person for the transportation expenses. If the chair of the county board finds, as a result of the examination required in § 27A-10-6 and an investigation of the petition for emergency intervention that the person meets the criteria in § 27A-1-2, the chair may order that the person continue to be detained in an appropriate regional facility including, if necessary, the center, pending the hearing required in § 27A-10-8. No lien may be placed against the person for the costs associated with detainment pending the hearing.

Source: SL 1974, ch 184, § 7; SL 1975, ch 181, § 109; SDCL Supp, § 27-7A-8; SL 1991, ch 220, § 116; SL 2000, ch 129, § 8.


27A-10-7.1Chairman to make final determination where person voluntarily admits himself.

If the person is willing to admit himself to an inpatient psychiatric facility or other treatment program on a voluntary basis and the admission is deemed suitable by the facility or program, the chairman of the county board to whom the petition was filed shall be notified and shall make the final determination.

Source: SL 1987, ch 198, § 16; SL 1988, ch 216, § 6; SL 1991, ch 220, § 117.


27A-10-7.2Refusal of prehearing admission.

The center may refuse prehearing admission to a person under this chapter unless the examination report and determination required in §§ 27A-10-6 and 27A-10-7 have been accomplished.

Source: SL 1991, ch 220, § 118.


27A-10-8Time limit for involuntary commitment hearing--Payment of expenses.

Within five days after the person is taken into custody, 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 provided an involuntary commitment hearing. The referring county shall pay any expenses incurred by the board holding the hearing, including the transportation of the person to the hearing, subject to reimbursement by the county ultimately proven to be the county of residence.

No lien may be placed against the person for the expenses incurred by the board holding the hearing, including the transportation of the person to the hearing.

Source: SL 1974, ch 184, § 8; SL 1975, ch 181, § 111; SDCL Supp, § 27-7A-10; SL 1977, ch 212, § 4; SL 1988, ch 216, § 7; SL 1991, ch 220, § 119; SL 1997, ch 164, § 2; SL 1999, ch 143, § 3; SL 2000, ch 129, § 9.


27A-10-9. Testimony of qualified mental health professional--Availability and appropriateness of alternatives.

The board of mental illness conducting the involuntary commitment hearing as provided in § 27A-10-8 shall order testimony by a qualified mental health professional, other than the professional who submitted the petition under § 27A-10-1 or initiated the hold under § 27A-10-19, who shall assess the availability and appropriateness of treatment alternatives, including treatment programs other than inpatient treatment and whether such programs are available at the mental health center serving the area in which the person was apprehended or resides. Such testimony shall include what alternatives are or should be made available, what alternatives were investigated, and why any investigated alternatives are not deemed appropriate.

If the board determines that alternatives to inpatient treatment are appropriate, commitment for inpatient treatment to the center or other inpatient psychiatric facility may not be ordered and commitment shall be to the least restrictive treatment alternative as required in subdivision 27A-10-9.1(3).

Source: SL 1974, ch 184, § 9; SL 1975, ch 181, § 112; SDCL Supp, § 27-7A-15; SL 1991, ch 220, § 120; SL 2020, ch 113, § 1.


27A-10-9.1Ninety-day initial commitment to facility or outpatient treatment program--Release--Transportation--Notice of right to appeal.

Upon completion of the hearing provided in § 27A-10-8, the board of mental illness may order the involuntary commitment of the person for an initial period not to exceed ninety days if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law, that:

(1)    The person meets the criteria in § 27A-1-2;

(2)    The person needs and is likely to benefit from the treatment which is proposed; and

(3)    The commitment is to the least restrictive treatment alternative.

The board may commit the person to the Human Services Center or a veterans' administration hospital. The board may also commit the person to a private facility or an outpatient treatment program, if that facility or program agrees to accept the commitment and if the commitment will not result in liability to any county for the cost of treating such person.

If the above findings are not made, the board shall order that the person be released. Following such release, the referring county shall provide the person with transportation to the county where the person was taken into custody if the person chooses. The county ultimately shown to be the county of residence shall reimburse the referring county for any transportation costs. However, the provisions of chapter 28-14 do not apply. If the board orders the involuntary commitment of the person, the board shall immediately notify the person and the person's attorney of the right to appeal pursuant to § 27A-11A-25.

Source: SL 1987, ch 198, § 17; SL 1991, ch 220, § 121; SL 1992, ch 189, § 35; SL 1995, ch 159; SL 1999, ch 143, § 4; SL 2012, ch 149, § 17.


27A-10-9.2Medical treatment for mental illness or treatment of co-occurring substance use disorder.

If findings are made pursuant to § 27A-10-9.1 and an involuntary commitment is ordered, then the board may, at the same hearing or at a subsequent hearing, consider any petitions for:

(1)    The authority to administer psychotropic medication, electroconvulsive treatment, and such other medical treatment as may be necessary for the treatment of the person's mental illness, pursuant to the provisions of §§ 27A-12-3.13 to 27A-12-3.15, inclusive, for the period specified in § 27A-12-3.16; and

(2)    For the treatment of any co-occurring substance use disorder upon the petition of the person's spouse or guardian, a relative, a physician, the administrator or facility director of any approved treatment facility, or any other responsible person over the age of eighteen, on the grounds that the person is an alcohol or drug abuser who habitually lacks self-control as to the use of alcoholic beverages or other drugs and the person:

(a)    Has threatened, attempted, or inflicted physical harm on self or on another and that unless treated is likely to inflict harm on self or on another; or

(b)    Is incapacitated by the effects of alcohol or drugs; or

(c)    Is pregnant and abusing alcohol or drugs.

If after hearing all relevant evidence, the board finds, by clear and convincing evidence, that the above grounds for involuntary treatment of a co-occurring substance use disorder exists, the board may also order a commitment for such co-occurring disorder to any appropriate treatment facility, for a period not to exceed ninety days. The board may not order such commitment unless it determines that the proposed facility is able to provide adequate and appropriate treatment and the treatment is likely to be beneficial.

Source: SL 2012, ch 149, § 18.


27A-10-9.3Least restrictive treatment alternative.

Any such treatment or commitment order pursuant to §§ 27A-10-9.1 and 27A-10-9.2 shall be to the least restrictive treatment alternative. The procedure for the board's consideration of these petitions concurrent with the § 27A-10-8 hearing shall be governed by chapter 27A-11A, which shall control to the extent of any procedural conflicts contained in chapter 27A-12 or 34-20A.

Source: SL 2012, ch 149, § 19.


27A-10-9.4Failure to comply with requirements of outpatient commitment or treatment order.

If a person fails to comply with the requirements specified in an outpatient commitment order or a treatment order, and the person's treating physician or staff of the specified outpatient treatment program believes that the person's current condition is likely to deteriorate until it is probable that the person will be a danger to self or others, the program director or the person's treating physician may notify law enforcement and provide law enforcement with a certified copy of the outpatient commitment order or treatment order.

Source: SL 2012, ch 149, § 20.


27A-10-9.5Transportation by law enforcement--Limit upon detention and nonconsensual medication.

The outpatient commitment order or treatment order constitutes a continuing authorization for law enforcement, upon request of the program director or the person's treating physician, to transport the person to the designated outpatient treatment program or to the treating physician's office for the purpose of making reasonable efforts to obtain the person's compliance with the requirements of the outpatient commitment or treatment order. However, no person may be detained at the program's or the physician's office for more than one hour unless the person consents, or may be physically coerced or required to take prescribed medications unless the outpatient commitment or treatment order contains a specific authorization for the nonconsensual delivery of prescribed medication, pursuant to § 27A-12-3.15. If a person has been involuntarily medicated on an outpatient basis, the necessity of treatment with psychotropic medication shall be reviewed and approved under the provisions of § 27A-12-3.16 and noted in the patient's medical record or chart.

Source: SL 2012, ch 149, § 21.


27A-10-9.6. Failure to comply with outpatient commitment or treatment order--Supplemental hearing--Alternative disposition.

If a person fails to comply with the requirement of the outpatient commitment or treatment order, and the person's treating physician or the staff of the outpatient treatment program believes that there is a significant risk of deterioration in the person's condition, the program director or the treating physician may notify the chair of the county board of mental illness that issued the outpatient commitment or treatment order, the chair of the board where the person is located, the office of the state's attorney of the county where the person is located, and the office of the state's attorney of the county where the person is subject to the outpatient commitment or treatment order, and recommend an appropriate alternate disposition under § 27A-11A-21 or 27A-11A-22.

Within seventy-two hours of receiving notification under this section, the state's attorney may file a petition with the board or the court for, or the chair of the board or the court may order, a supplemental hearing, or the chair of the board or the court may proceed under any other section of this title. The board or the court shall hold the hearing in accordance with the procedures specified in this title. The chair of the board or the court may order the apprehension and transportation of the person to attend the hearing.

Source: SL 2012, ch 149, § 22; SL 2020, ch 114, § 1.


27A-10-9.7Detention by law enforcement officer for emergency intervention--Immunity from civil liability.

Nothing provided in §§ 27A-10-9.4 to 27A-10-9.6, inclusive, limits the authority of any law enforcement officer to detain a patient pursuant to the emergency authority conferred by § 27A-10-3. Any law enforcement officer who in good faith performs any act of taking custodial charge, transportation, delivery, or other commitment procedure at the request of or direction of another under the provisions of §§ 27A-10-9.1 to 27A-10-9.6, inclusive, is immune from any civil liability that might otherwise be incurred or imposed. The immunity from civil liability under this section does not apply if a resulting injury was due to willful or wanton misconduct.

Source: SL 2012, ch 149, § 23.


27A-10-10
     27A-10-10 to 27A-10-13.   Repealed by SL 1991, ch 220, §§ 122 to 125


27A-10-14Review hearing after involuntary commitment order--Notice--Rights and procedures.

Within ninety days after the involuntary commitment of a person who is still under the commitment order, the county board of mental illness which serves the county in which the person is receiving treatment shall conduct a review hearing in the county to determine if the person continues to meet the criteria in § 27A-10-9.1. Notice of the review hearing shall be given to the person, and the person's attorney if the person has retained counsel, at least ten days prior to the hearing. If the person has not retained counsel at the time of the notice, the chair of the county board shall immediately appoint counsel to represent the person.

At the time the notice of hearing is given, the person and the person's attorney shall be informed of all evidence that will be considered at the review hearing. Any evidence subsequently discovered shall be immediately transmitted to the person and the person's attorney. The rights and procedures applicable during an initial commitment hearing are applicable to review hearings. A petition pursuant to § 27A-10-1 need not be filed.

The board of mental illness may order the continued involuntary commitment of the person to the same or an alternative placement or program for up to six months if a majority of the board finds by clear and convincing evidence supported by written findings of fact and conclusions of law that the criteria in § 27A-10-9.1 are met. If continued involuntary commitment is ordered, a review in the manner provided in this section shall be conducted within six months after the order. If the county board issues another order of continued involuntary commitment, the next review shall be held within six months after the order. If the second six-month review justifies continued commitment, the county board may order continued involuntary commitment for up to twelve months. Subsequent reviews shall be conducted within each twelve months thereafter that the person remains under commitment.

If the board orders the continued involuntary commitment of the person, the board shall immediately notify the person and the person's attorney of the person's right to appeal pursuant to § 27A-11A-25.

If findings that justify continued commitment are not made, the board shall order that the person be immediately discharged from involuntary commitment. Following discharge, the referring county shall provide the person with transportation to the county where the person was taken into custody if the person so chooses. The county ultimately shown to be the county of residence shall reimburse the referring county for any transportation costs. No lien may be placed against the person for the expense incurred in the transportation of this person.

Source: SL 1991, ch 220, § 126; SL 1994, ch 224; SL 1999, ch 143, § 5; SL 2000, ch 129, § 10.


27A-10-15Additional review hearings.

Notwithstanding the provisions of §§ 27A-10-9.1 and 27A-10-14, if the board of mental illness orders an initial commitment or a continued commitment it may also schedule at the time of such initial commitment hearing or at the time of such review hearing, and without further notice, a review hearing in addition to the statutory review hearings provided in § 27A-10-14, to determine whether the person continues to meet the criteria in § 27A-10-9.1. The rights, procedures, and findings required in § 27A-10-14, shall apply to such additional review hearing. No temporary periods of involuntary commitment are authorized.

Source: SL 1991, ch 220, § 127.


27A-10-16Emergency apprehension--Evaluation by designated mental health professional.

Upon being informed of the emergency apprehension of an individual under the provisions of this chapter, the chairman of the county board of mental illness with jurisdiction over the person shall notify the community mental health center serving the area in which the board of mental illness is located of the emergency apprehension.

The chairman of the county board of mental illness may designate any qualified mental health professional to perform the evaluation required in § 27A-10-6.

Source: SL 1992, ch 189, § 3; SL 1995, ch 160.


27A-10-17Prehearing admission and commitment denied if medical condition exceeds center's capacity.

The center may refuse the prehearing admission and commitment of a person under this chapter who has a medical condition which exceeds the capacity of the center.

Source: SL 1995, ch 158, § 2.


27A-10-18Refusal of admission and commitment when medical condition exceeds center's capacity.

The center may refuse the admission and commitment of a person under this chapter who has a medical condition which exceeds the capacity of the center.

Source: SL 1995, ch 158, § 3.


27A-10-19Twenty-four hour hold of severely mentally ill person permitted--Notice to county board.

If any person presents to a facility licensed by the state as a hospital, 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 for purposes of observation and emergency treatment. The hospital 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 shall be released.

Source: SL 1999, ch 139, § 1.


27A-10-20. Definition of terms related to crisis referral and placement.

Terms used in this section and §§ 27A-10-21 to 27A-10-23, inclusive, mean:

(1)    "Crisis intervention team certified law enforcement officer," any law enforcement officer who has undergone a comprehensive training program in crisis intervention techniques involving any person who is mentally ill or has substance abuse issues and has received certification as a crisis intervention officer by the officer's department;

(2)    "Crisis intervention team," a team of law enforcement officers and individuals who have undergone a comprehensive training program in crisis intervention techniques involving any person who is mentally ill or has chemical dependency or substance abuse issues;

(3)    "Mobile crisis team," an interdisciplinary team of one or more mental health professionals able to respond to any person in the community, either in person or through real-time interactive audio and video, for mental health and chemical dependency or abuse intervention;

(4)    "Team member," any person who is a member of a crisis intervention team or a mobile crisis team.

Source: SL 2010, ch 142, § 3; SL 2020, ch 111, § 2, eff. Mar. 12, 2020.


27A-10-21. Referral to mobile crisis team or crisis intervention team certified law enforcement officer--Voluntary resolution or placement.

If any law enforcement officer or qualified mental health professional in a clinic or hospital has probable cause to believe that a person requires emergency nonmedical intervention pursuant to § 27A-10-1, as an alternative to a petition for commitment pursuant to chapter 27A-10, or apprehension and transfer to an appropriate regional facility pursuant to § 27A-10-3, the officer or qualified mental health professional may refer the person to any member of a mobile crisis team or crisis intervention team certified law enforcement officer. If any member of the mobile crisis team or the crisis intervention team certified law enforcement officer accepts in writing, in paper form or in electronic form, either direct supervision of the person or direct engagement with the person through real-time interactive audio and video, the member or officer may:

(1)    Resolve the intervention on a voluntary basis, at the clinic or hospital, at the person's home, or other location, or with the assistance of any public or private community service that the patient is willing to accept. Any team member may request the assistance of law enforcement for the voluntary transfer of the person; or

(2)    Direct that the law enforcement officer proceed with the apprehension of the person and transport the person to either:

(a)    An appropriate regional facility for an emergency intervention and a mental illness examination as provided in § 27A-10-6; or

(b)    An approved treatment facility offering detoxification services for chemical dependency emergencies as provided in §§ 34-20A-55 and 34-20A-56.

Source: SL 2010, ch 142, § 1; SL 2013, ch 122, § 5; SL 2020, ch 111, § 3, eff. Mar. 12, 2020.


27A-10-22Discretion of law enforcement officer to arrest--Priority given to placement.

The provisions of § 27A-10-21 do not limit the law enforcement officer's discretion in arresting a person for a criminal offense. However, the law enforcement officer shall give priority to placing a severely mentally ill person who has also committed a misdemeanor offense in a mental health facility and a person intoxicated or incapacitated by the effects of alcohol or drugs, as defined by § 34-20A-2, who has also committed a misdemeanor offense in a detoxification facility.

Source: SL 2010, ch 142, § 2.


27A-10-23. Immunity from liability--Mobile crisis referral--Exception.

Any law enforcement officer or authority, any qualified mental health professional in a clinic, hospital, or appropriate regional facility, or any clinic or hospital who in good faith transferred direct supervision of a person or direct engagement with a person to a mobile crisis team or a crisis intervention team certified law enforcement officer, is immune from any civil liability for the referral. Any member of a mobile crisis team or a crisis intervention team certified law enforcement officer, whose actions, in the engagement with a person or in the de-escalation, assessment, supervision, examination, or placement of a person in compliance with this section and §§ 27A-10-20 to 27A-10-22, inclusive, are taken in good faith, are immune from any civil liability for the engagement with the person or for the de-escalation, assessment, referral, supervision, examination, transfer, or placement of the person. The immunity from civil liability under this section and §§ 27A-10-20 to 27A-10-22, inclusive, does not apply if injury results from gross negligence or willful or wanton misconduct. Any law enforcement officer or authority who acts in compliance with subsection 27A-10-21(2)(b) and § 34-20A-57 is not criminally or civilly liable for the officer's or authority's actions.

Source: SL 2010, ch 142, § 4; SL 2013, ch 122, § 6; SL 2020, ch 111, § 4, eff. Mar. 12, 2020; SL 2020, ch 115, § 1.


27A-10-24Report to attorney general of certain names for reporting to National Instant Criminal Background Check System.

If the board of mental illness orders an involuntary commitment based on a finding pursuant to § 27A-10-9.1 that the person is a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the chair of the board shall report to the attorney general for reporting to the National Instant Criminal Background Check System the involuntarily committed person's name and other identifying information. The chair shall submit the report to the attorney general, in the manner and form prescribed by the attorney general, within seven working days after the date of the final order of involuntary commitment. The report may not include information relating to the person's diagnosis or treatment.

Source: SL 2014, ch 113, § 1.


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