Section 27B-7-32.6 – Presentation of evidence–Burden of proof–Filing of finding.
27B-7-32.6. Presentation of evidence–Burden of proof–Filing of finding. Any county adversely interested or the attorney general may present evidence to establish the residence of the person at the reopened hearing. The board shall then determine, by a preponderance of evidence, whether the person is a resident of a particular county or whether the patient is […]
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 […]
Section 27B-7-37 – Order for involuntary commitment of person posing immediate danger to self or others–Protective custody.
27B-7-37. Order for involuntary commitment of person posing immediate danger to self or others–Protective custody. A county review board may order the involuntary commitment of a person if the review board finds by clear and convincing evidence supported by written findings of fact and conclusions of law that the person has a developmental disability, and […]
Section 27B-7-30 – Disclosure of information.
27B-7-30. Disclosure of information. If requested, information shall be disclosed: (1)Pursuant to orders or subpoenas of a court of record or subpoenas of the Legislature or chair of the county review board; (2)To a prosecuting or defense attorney or to a qualified developmental disabilities professional as necessary for participation in a proceeding governed by this […]
Section 27B-7-38 – Board may issue detention order–Person detained without professional’s recommendation to be examined within given time or released–Professional examination and report–Person released if not dangerous.
27B-7-38. Board may issue detention order–Person detained without professional’s recommendation to be examined within given time or released–Professional examination and report–Person released if not dangerous. The county review board may issue a detention order and direct a law enforcement officer from the referring county or the county of residence to immediately take the person to […]