Section 27B-7-50 – Discharge.
27B-7-50. Discharge. Any person involuntarily committed shall be discharged if, in the opinion of the director of the community service provider or facility, the person no longer meets the commitment criteria. Source: SL 2002, ch 136, §24.
Section 27B-7-51 – Notification of discharge–Transportation.
27B-7-51. Notification of discharge–Transportation. If a person is discharged in accordance with §27B-7-50, the county review board, which entered the order, shall be notified. The county review board shall provide the person transportation to the person’s place of residence if the person so chooses within forty-eight hours of discharge notification. Source: SL 2002, ch 136, […]
Section 27B-7-51.1 – Discharge–Notification of discharge–Voluntary admission.
27B-7-51.1. Discharge–Notification of discharge–Voluntary admission. Any person involuntarily committed shall be discharged if the director of the South Dakota Developmental Center or the director of a developmental disability community service provider determines that the person no longer meets commitment criteria. The South Dakota Developmental Center or community service provider shall immediately notify the chair of […]
Section 27B-7-52 – Liability for costs of care of persons not provided transportation–Report of delinquencies–Notification–Payment.
27B-7-52. Liability for costs of care of persons not provided transportation–Report of delinquencies–Notification–Payment. If the county review board fails or neglects to provide transportation to the person so discharged, as provided in §27B-7-50, within forty-eight hours from the date of the order discharging the person and of the notice of the order, the responsible county […]
Section 27B-7-41 – Counsel to represent subject–Procedural rights.
27B-7-41. Counsel to represent subject–Procedural rights. The person alleged to meet the criteria for board-ordered commitment shall be represented by counsel. Such representation is not subject to waiver, and the person is entitled: (1)To be present at the hearing; (2)To obtain a continuance in order to adequately prepare a case; (3)To present documents and witnesses; […]
Section 27B-7-42 – Payment of counsel.
27B-7-42. Payment of counsel. Counsel appointed for a person pursuant to this title shall be reasonably compensated for such services and for necessary expenses and costs incident to the proceedings in an amount to be fixed by the circuit court and in an amount approved by the chair of the county review board of the […]
Section 27B-7-43 – Liability for costs.
27B-7-43. Liability for costs. The referring county shall pay the costs of proceedings pursuant to this title, including costs for transportation and any incidental costs of the person with a developmental disability, subject to reimbursement by the county ultimately proven to be the county of residence or, if a nonresident of the state, by the […]
Section 27B-7-44 – Diagnosis of developmental disability or commitment by board does not constitute incompetence.
27B-7-44. Diagnosis of developmental disability or commitment by board does not constitute incompetence. No person is incompetent to manage his or her affairs, to contract, to hold professional or occupational or vehicle operator’s licenses, to marry and obtain a divorce, to register and vote, or to make a will solely by reason of a diagnosis […]
Section 27B-7-45 – Right of appeal of hearing or review–Person to be advised of right–Appeal procedures–Rights not to be denied on grounds of indigency.
27B-7-45. Right of appeal of hearing or review–Person to be advised of right–Appeal procedures–Rights not to be denied on grounds of indigency. A person may, within thirty days, appeal a final order of a county review board pursuant to any hearing or review conducted under this title. In the case of a minor, or a […]
Section 27B-7-47 – Right to habeas corpus.
27B-7-47. Right to habeas corpus. Any person involuntarily committed by a county review board and any person confined or in any manner detained or restrained is entitled to the benefit of a writ of habeas corpus. If the court finds that the criteria in §27B-7-37 are met, the court may authorize continued involuntary commitment. Such […]