State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
HOUSE BILL NO. 1019
Introduced by: The Committee on Health and Human Services at the request of the
Department of Social Services
FOR AN ACT ENTITLED, An Act to authorize the involuntary treatment of jailed prisoners
with psychotropic medication.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as
A prisoner may be involuntarily treated with psychotropic medication if it is determined,
pursuant to the provisions of this chapter, that the prisoner suffers from a severe mental illness
as defined in § 27A-1-1, which is likely to improve with treatment, and that without treatment
the inmate poses a likelihood of serious harm to self or others.
Section 2. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as
Prior to involuntary treatment with psychotropic medication, the prisoner shall receive a
hearing before a panel consisting of two medical representatives and a representative appointed
by the county sheriff. The medical representatives may include a physician, physician assistant,
or nurse practitioner; however, at least one shall be a physician. No panel member may have
participated in the prisoner's current diagnosis, evaluation, or treatment. The prisoner has the
right to notice of the hearing at least forty-eight hours in advance, the right to attend the hearing,
the right to present evidence and cross-examine witnesses, and the right to representation by a
disinterested lay advisor knowledgeable about psychological issues. The panel may order
involuntary treatment with psychotropic medication by majority vote of the panel if the
physician is in the majority. The prisoner may appeal the decision of the panel to the circuit
court pursuant to chapter 1-26.
Section 3. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as
If the involuntary treatment of a prisoner with psychotropic medication is to exceed thirty
days, a physician who is not the attending physician shall review the inmate's medical record
at least every thirty days and make a written determination whether involuntary treatment with
psychotropic medication may be continued.
Section 4. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as
In an emergency, involuntary treatment of a prisoner with psychotropic medication may be
administered without panel review for up to a maximum of ten days if the treatment is ordered
by two physicians.
Section 5. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as
The county sheriff shall maintain records of any involuntary treatment with psychotropic
medication. The records shall include the frequency of use of the treatment and any available
medical history of a prisoner's prior mental illness, and may include such other information as
deemed necessary by the county sheriff to facilitate the management of prisoners.
Section 6. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as
No person who serves on the hearing panel, who is the attending physician or who orders
or participates in the involuntary treatment with psychotropic medication of a prisoner may be
held civilly or criminally liable for the treatment pursuant to this chapter if the person performs
these duties in good faith and in a reasonable manner according to generally accepted medical
or other professional practices.