34-20A-70. Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds.

A person may be committed by the circuit court upon the petition of the person's spouse or guardian, a relative, a physician, the administrator of any approved treatment facility, or any other responsible person. Any person applying for commitment shall do so to the circuit court through the clerk of courts of the county in which the person to be committed resides or is present. The circuit court judge, upon receipt of a written application prepared by the clerk of courts, shall appoint an attorney to represent the applicant. The appointed attorney shall investigate the grounds upon which the application is based and shall within five days, excluding Saturdays, Sundays, and legal holidays, submit a written report to the circuit court as to whether probable cause exists that the person subject of the petition is an alcoholic or drug abuser. All information obtained as a result of the investigation and written report shall be documented and made a part of the record of any further proceedings. The petition shall allege that the person is an alcoholic or drug abuser who habitually lacks self-control as to the use of alcoholic beverages or other drugs and:

(1)    Has threatened, attempted, or inflicted physical harm on himself or herself or on another and that unless committed is likely to inflict harm on himself or herself or on another; or

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

(3)    Is pregnant and abusing alcohol or drugs.

A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.

Source: SL 1974, ch 240, § 12 (a); SL 1985, ch 277, § 22; SL 1998, ch 207, § 1; SL 2023, ch 117, § 6.



SDLRC - Codified Law 34-20A-70 - Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds.

34-20A-70.1. Duties and compensation of attorney appointed to represent petitioners--Reimbursement of county.

In any proceedings for involuntary commitment or detention, or any proceeding challenging such commitment or detention, the attorney appointed by the circuit court judge to represent the petitioner, shall represent the individuals or agencies petitioning for commitment or detention and defend all challenges to the commitment or detention. The appointed attorney shall be paid by the county where the hearing and commitment proceedings are taking place at a rate to be fixed by the circuit judge. The county shall be reimbursed for such expense by the petitioner, if the petitioner is a family member and is financially able to do so.

Source: SL 1985, ch 277, § 3.



SDLRC - Codified Law 34-20A-70 - Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds.

34-20A-70.2. Documents to be sealed--State access to documents--Information not to be used in certain prosecutions.

Any application for emergency detainment, petition for commitment, application for commitment, order for a court-appointed examination, or written report to the circuit court must be sealed and may not be used for the purpose of enforcing the provisions of chapter 22-42 and chapter 22-42A against the person being committed. Any law enforcement official or prosecuting attorney may petition the circuit court to examine these documents, and the court may allow such examination upon a showing that the purpose of the examination is not to investigate a violation of chapter 22-42 or chapter 22-42A against the person being committed. Any information obtained from the examination of the application for emergency detainment, petition for commitment, application for commitment, order for a court-appointed examination, or written report to the circuit court may not be used against the person being committed in any prosecution for a violation of chapter 22-42 or chapter 22-42A.

Source: SL 2003, ch 182, § 1; SL 2023, ch 117, § 7.



SDLRC - Codified Law 34-20A-70 - Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds.

34-20A-70.3. Request for order of examination by court-appointed physician or addiction counselor--Order--Notice.

If the person whose commitment is sought is not being detained in a facility under § 34-20A-63, a request for an examination of the person by a licensed physician or addiction counselor must be filed with the court. The court may order an examination of the person by a licensed physician or addiction counselor and shall provide notice to the person whose commitment is sought of the request for an examination.

Source: SL 2023, ch 117, § 8.