§ 27A-10-9 Testimony of independent qualified mental health professional on availability and appropriateness of alternatives.

SD Codified L § 27A-10-9 (2019) (N/A)

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27A-10-9. Testimony of independent qualified mental health professional on availability and appropriateness of alternatives. The board of mental illness conducting the involuntary commitment hearing as provided in § 27A-10-8 shall order testimony by a qualified mental health professional independent of the petitioner who shall assess the availability and appropriateness of treatment alternatives including treatment programs other than inpatient treatment and specifically including whether such programs are available at the mental health center serving the area in which the person was apprehended or resides. Such testimony shall include what alternatives are or should be made available, what alternatives were investigated, and why any investigated alternatives are not deemed appropriate. If the board determines that alternatives to inpatient treatment are appropriate, commitment for inpatient treatment to the center or other inpatient psychiatric facility may not be ordered and commitment shall be to the least restrictive treatment alternative as required in subdivision 27A-10-9.1(3).

Source: SL 1974, ch 184, § 9; SL 1975, ch 181, § 112; SDCL Supp, § 27-7A-15; SL 1991, ch 220, § 120.

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§ 27A-10-9.1 Ninety-day initial commitment to facility or outpatient treatment program--Release--Transportation--Notice of right to appeal.