S.D. Codified Laws § 34-20A-63

Current with legislation signed by the governor on or before 3/6/2024

Section 34-20A-63 - Emergency detainment-Grounds

An intoxicated person, or a person receiving treatment for withdrawal management, may be detained in an approved treatment facility for emergency treatment if the person:

(1) Has threatened, attempted, or inflicted physical harm on oneself or on another or is likely to inflict physical harm on another unless detained;

(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.

SDCL 34-20A-63

SL 1974, ch 240, § 11 (a); SL 1985, ch 277, § 14; SL 1998, ch 204, §1; SL 2022, ch 108, §5; SL 2023, ch 117, §3.

Amended by S.L. 2023, ch. 117,s. 3, eff. 7/1/2023.

Amended by S.L. 2022, ch. 108,s. 5, eff. 7/1/2022.