FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alcohol or drug
commitments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-20A-72 be amended to read as follows:
34-20A-72. A petition filed under § 34-20A-70 shall be accompanied by a certificate of a
licensed physician
and or a certified chemical dependency counselor
both either of whom
have
has examined the person within two days before submission of the petition, unless the person
whose commitment is sought has refused to submit to a medical examination or counselor
assessment in which case the fact of refusal shall be alleged in the petition. The certificate shall
set forth the physician's
and or the counselor's findings in support of the allegations of the
petition. A physician or
chemical dependency counselor employed by the admitting facility is
not eligible to provide certification.
Section 2. That § 34-20A-76 be amended to read as follows:
34-20A-76. If the person has refused to be examined by a licensed physician or a certified
chemical dependency counselor,
he the person shall be given an opportunity to be examined by
a court-appointed licensed physician or certified chemical dependency counselor. If he the
person refuses and there is sufficient evidence to believe that the allegations of the petition are
true, or if the court believes that more evidence is necessary, the court may order a temporary
commitment and transportation by a law enforcement officer to an approved treatment facility
for a period of not more than five days for purposes of a diagnostic examination.