27A-11A-1. Process issued by board–Conduct of meetings–Evidentiary rulings–Notice by mail. The chairman or acting chairman of the board of mental illness shall sign and issue all notices, appointments, warrants, subpoenas, or other process required to be given or issued by the board, shall be responsible to conduct all meetings and hearings by the board and […]
27A-11A-1.1. Petitions, applications, and documents made under oath or affirmation. Notwithstanding the provisions of §27A-10-1, petitions, applications, or documents made within this state in connection with proceedings under Title 27A are deemed to be made under oath or affirmation or verified by affidavit without notarization if the person signing the document attests, at the end […]
27A-11A-1.2. Qualification of electronic document as signed document. If a document is required to be signed pursuant to this chapter in order to be effective, an electronic document qualifies as a signed document: (1)Without the person’s physical signature, if an entity has an electronic signature system that meets a minimum security standard of two-factor authentication, […]
27A-11A-1.3. Assurance of authenticity of electronic signature. Notwithstanding §27A-11A-1.2, the board may determine that an entity’s electronic signature system does not provide sufficient assurance of authenticity of signed documents or that an electronic signature system different from that described in §27A-11A-1.2 provides sufficient assurance of authenticity. Source: SL 2012, ch 149, §29.
27A-11A-1.4. Electronically transmitted facsimile. An electronically transmitted facsimile of a document pursuant to this chapter may be filed with the board and received into evidence in the same manner and with the same effect as the original document. Source: SL 2012, ch 149, §30.
27A-11A-1.5. Statutes, rules, standards, and practices for accepting documents for filing or admission as evidence not altered–Exceptions. Nothing in the provisions of §§27A-11A-1.1 to 27A-11A-1.4, inclusive, alters any statute, rule, standard, or practice for accepting documents for filing or admitting documents as evidence, except with respect to: (1)The manner of making written statements under oath […]
27A-11A-10. Precautions against drugs hampering defense–Record of treatments administered. If the person is receiving treatment, the qualified mental health professional shall take all reasonable precautions to ensure that at the time of the hearing the person is not so under the influences of, or so affected by drugs, medication, or other treatment or interventions as […]
27A-11A-11. Personal appearance at hearing–Presentation of evidence–Choosing not to appear. The person may appear personally at any hearing and testify on his own behalf, but may not be compelled to do so. He has the right to subpoena and cross-examine witnesses and to present evidence. If the person chooses not to appear, his attorney shall […]
27A-11A-12. Compensation for appointed counsel. Counsel appointed by the board or a court to represent a person shall be paid by the county of residence. The counsel shall be reasonably compensated for such services and for necessary expenses and costs incident to the proceedings at the rate fixed by the circuit court and in an […]
27A-11A-13. Determining residency. If the board of mental illness finds that a person meets the criteria in §27A-10-9.1, the board shall enter a finding, based on the criteria in §28-13-3, regarding the county of residence of the person or a finding that the person is not a resident of this state. Source: SL 1986, ch […]
27A-11A-14. Request by county to reopen hearing on question of residence–Time and place of hearing–Notice–Filing and mailing of ultimate finding–Payment of expenses. Within ten days of the auditor’s receipt of the committing board’s findings regarding the residence and summary of proofs thereon, the county, other than the referring county, in which residence was found to […]
27A-11A-15. Attorney general notified of findings as to nonresidency in state. If a person is found at an initial or reopened hearing not to be a resident of the state, the board of mental illness shall forward to the attorney general a copy of its findings and a summary of the proofs upon which the […]
27A-11A-16. Hearing reopened at attorney general’s request–Notice–Mailing of ultimate findings–Payment of expenses. Within ten days of the attorney general’s receipt of the committing board’s findings regarding residence and summary of proofs thereon, the attorney general may request the committing board of mental illness to reopen the hearing by mailing a request to the chairman of […]
27A-11A-17. County of residence to refund attorney general’s expenses. Expenses incurred by the attorney general on account of a person whose residence is in a county of this state shall be refunded with lawful interest thereon by the county of residence. Source: SL 1986, ch 227, §7; SL 1991, ch 220, §153; SDCL Supp, §27A-9-18.5.
27A-11A-18. Distribution of copies of board findings and documents. If a person is found by the county board of mental illness to meet the criteria in §27A-10-9.1, the chair of the board of the county in which such person is so adjudged shall notify the administrator, or facility director, or if the person is not […]
27A-11A-19. Hearing required prior to transfer of involuntarily committed patient–Petition–Payment of expenses. No person who is under an order of involuntary commitment may be transferred to a more restrictive treatment facility without, prior to the transfer, a hearing before the board of mental illness which committed the person. A petition for transfer shall be filed […]
27A-11A-2. Stenographic record of proceedings–Certified transcript or tape requested by patient–Expense. A court reporter shall attend all hearings of the county board of mental illness and keep a stenographic record of all proceedings; or a record of all hearings shall be recorded by tape recorder or other sound reproducing equipment. If a tape recorder or […]
27A-11A-20. Appointment of escort to convey patient to center–Same sex–Expenses–Relative as escort. The chairman of the county board of mental illness may appoint someone, other than a relative of the patient, to convey the patient to the center or facility, but in no instance may a person convey persons of the opposite sex and no […]
27A-11A-21. Noncompliance with treatment order–Alternative treatment–Notice and right to counsel. If the person ordered to undergo a program of treatment does not comply with the order, the board of mental illness shall conduct a hearing for the sole purpose of determining compliance or noncompliance, and if noncompliance is determined, the board may modify its original […]
27A-11A-22. Unsuccessful treatment–Hearing–Modification of treatment. If at any time while a person is under an order of commitment it comes to the attention of the board of mental illness that the program of treatment has not been successful, the board shall conduct a hearing within five days, within six days if there is a Saturday, […]
