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
follows:
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
follows:
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
follows:
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
follows:
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
follows:
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
follows:
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.
An Act to authorize the involuntary treatment of jailed prisoners with psychotropic medication.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1019
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1019
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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