Section 27B-7-40 – Department to notify board of death of resident.
27B-7-40. Department to notify board of death of resident. The Department of Human Services shall notify the chair of the county review board of the death of any person with a developmental disability committed by the review board. Source: SL 2000, ch 131, §72.
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-7-32.7 – Costs of reopened hearing–Reimbursement by county or state.
27B-7-32.7. Costs of reopened hearing–Reimbursement by county or state. 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 or if a nonresident of the state, by the State of South Dakota. Source: SL […]
Section 27B-7-32.8 – Refund of expenses of reopened hearing.
27B-7-32.8. Refund of expenses of reopened hearing. The county of residence shall refund with lawful interest thereon any expenses incurred by the attorney general on account of a person whose residence is in a county of this state. Source: SL 2002, ch 136, §11.
Section 27B-7-33 – Time and place of hearing–Notice–Copies of order after hearing.
27B-7-33. Time and place of hearing–Notice–Copies of order after hearing. Upon receipt of a petition and reports as provided for in §§27B-7-27, 27B-7-28, and 27B-7-29, the chair of the county review board shall: (1)Fix a date, time, and place for a hearing within ten days, excluding Saturdays, Sundays, and holidays, of the board’s receipt of […]
Section 27B-7-34 – Procedure governing hearings.
27B-7-34. Procedure governing hearings. Hearings convened pursuant to this title shall be governed by the rules of evidence. Source: SL 2000, ch 131, §66; SL 2002, ch 136, §13.
Section 27B-7-35 – Participation by state’s attorney.
27B-7-35. Participation by state’s attorney. The state’s attorney of the county in which a county review board is meeting shall participate, either in person or by assistant, in hearings convened by the board under this chapter. Source: SL 2000, ch 131, §67.
Section 27B-7-36 – Dismissal of petition if not upheld by professional report–Discharge of subject.
27B-7-36. Dismissal of petition if not upheld by professional report–Discharge of subject. The petition shall be dismissed by the chair of the county review board unless the evaluating psychiatrist or psychologist concludes, in writing, that the person meets the criteria for board-ordered commitment. If the county review board finds that a person does not meet […]