(HB 1017)
Commitment of persons with developmental disabilities,
provisions revised.
Section
1.
That
§
27B-7-26
be amended to read as follows:
27B-7-26.
The county review board has jurisdiction over all applications or petitions for
involuntary commitment or for the safekeeping of persons subject to involuntary commitment
within its county, except in cases otherwise specially provided for. The board
chair
may issue
subpoenas and compel obedience thereto, and do any act of a court necessary and proper for the
purpose of discharging the duties required of
it
the board
.
Section
2.
That
§
27B-7-28
be amended to read as follows:
27B-7-28.
If a petition filed pursuant to
§
27B-7-27 appears on its face to be sufficient, the
chair of the county review board shall order that a psychiatric or psychological evaluation be
performed and a report of the findings and recommendations be completed. The board
chair
shall
appoint a licensed psychologist or psychiatrist
to
within three days after receipt of the petition. The
licensed psychologist or psychiatrist shall
make the examination and
to
prepare a report within five
working days from
the date the petition is filed
receipt of the written notice from the board ordering
the examination and report
, containing the information required in
§
27B-7-31. If it appears, based
upon the foregoing evaluation, the criteria for commitment is met, a copy of the report shall be
provided to Department of Human Services.
If the person desires an independent psychiatric or
psychological evaluation, the person may obtain one at that person's own expense.
The person has
the right to obtain an additional examination paid for by the county that may be placed in evidence
before the board, the reasonable expense of which shall be reimbursed to the county unless the
person is indigent. A lien for the amount of these costs may be filed upon the person's real and
personal property to ensure payment.
Section
3.
That
§
27B-7-29
be amended to read as follows:
27B-7-29.
The chair of the county review board shall give written notice of the petition to the
Department of Human Services which shall prepare a report containing a review of the person's
supports and service needs and a recommendation as to appropriate service locations. The reports
shall be filed with the county review board within
forty-five calendar
ten working
days from receipt
of the written notice from the board ordering the examination and report.
Section
5.
That chapter
27B-7
be amended by adding thereto a NEW SECTION to read as
follows:
Section
6.
That chapter
27B-7
be amended by adding thereto a NEW SECTION to read as
follows:
Section
7.
That chapter
27B-7
be amended by adding thereto a NEW SECTION to read as
follows:
Section
8.
That chapter
27B-7
be amended by adding thereto a NEW SECTION to read as
follows:
Section
9.
That chapter
27B-7
be amended by adding thereto a NEW SECTION to read as
follows:
of residence shall be filed with the clerk of courts of the committing county and copies thereof
mailed to the director of the facility or program where the person is undergoing treatment and to
the auditor of any county found to be the residence of the person or to the attorney general if the
person is found not to be a resident of the state.
Section
10.
That chapter
27B-7
be amended by adding thereto a NEW SECTION to read as
follows:
Section
11.
That chapter
27B-7
be amended by adding thereto a NEW SECTION to read as
follows:
Section
12.
That
§
27B-7-33
be amended to read as follows:
27B-7-33.
Upon receipt of a petition and reports as provided for in
§
§
27B-7-27, 27B-7-28,
and
27B-7-31
27B-7-29
, the chair of the county review board shall:
27B-7-34.
Hearings convened
to determine whether a person meets the criteria for
board-ordered commitment
pursuant to this title
shall be governed by
§
§
27B-7-27 to 27B-7-33,
inclusive
the rules of evidence
.
Section
14.
That
§
27B-7-37
be amended to read as follows:
27B-7-37.
A county review board may order the involuntary commitment of a person if the
review board finds by clear and convincing evidence
supported by written findings of fact and
conclusions of law
that the person
cannot exercise informed consent to treatment by reason of that
person's
has a
developmental disability, and that
due to the development disability
the person poses
a
an immediate
danger of physical injury to self or others making it necessary or advisable to receive
appropriate supports and services. If the person is found to meet the criteria for involuntary
commitment, the county review board may order the person to be placed under the control and care
of the Department of Human Services for placement in appropriate programs. If the person refuses
to comply with this order, the board may direct a law enforcement officer to take the person into
protective custody.
Section 15. That § 27B-7-38 be amended to read as follows:
Section
16.
That
§
27B-7-39
be amended to read as follows:
27B-7-39.
The county review board shall review the commitment order and accompanying
information at least annually to make a determination of the continued need and supporting
justification for commitment. Prior to the annual review,
but not less than thirty days prior to the
anniversary date of the commitment order,
the developmental disability community service provider
shall provide
information
a report
to the county review board that issued the original commitment
order regarding the person's supports, services, and progress. Following ten days notice to the
person, the person's attorney, and the Department of Human Services, the county review board
shall hold a review hearing. The review hearing shall include participation by the state's attorney,
Department of Human Services, the community service provider, and the person's attorney. The
rights and procedures applicable during an initial commitment hearing are applicable to review
hearings. A petition pursuant to
§
27B-7-27 need not be filed. At the conclusion of the review
hearing, the county review board may issue an order of continued commitment or immediately
discharge the person from involuntary commitment if the conditions in
§
27B-7-37 justifying
commitment no longer exist.
Section
17.
That chapter
27B-7
be amended by adding thereto a NEW SECTION to read as
follows:
Section
18.
That chapter
27B-7
be amended by adding thereto a NEW SECTION to read as
follows:
Section
19.
That chapter
27B-7
be amended by adding thereto a NEW SECTION to read as
follows:
Section
20.
That
§
27B-7-42
be amended to read as follows:
27B-7-42.
Counsel appointed for a person pursuant to this title shall be reasonably compensated
for such services and for necessary expenses and costs incident to the proceedings in an amount to
be fixed by the circuit
judge
court and in an amount approved by the chair of the county review
board of the referring county
. The costs described shall be allowed and paid out of county funds
and may not be assessed against the person with a developmental disability.
Section
21.
That
§
27B-7-43
be amended to read as follows:
27B-7-43.
Costs
The referring county shall pay the costs
of proceedings pursuant to this title,
including costs for transportation and any incidental costs of the person with a developmental
disability,
shall be reasonably compensated in an amount to be determined by the county auditor
subject to reimbursement by the county ultimately proven to be the county of residence or, if a
nonresident of the state, by the State of South Dakota
. The costs described shall be allowed and
paid for out of county funds and may not be assessed against the person with a developmental
disability.
Section
22.
That
§
27B-7-45
be amended to read as follows:
27B-7-45.
A person may, within thirty days, appeal a final order of a county review board
pursuant to any hearing or review conducted under this title. In the case of a minor, or a person for
whom a guardian has been appointed, the right to appeal may be exercised on behalf of the person.
The person shall be advised both verbally and in writing of this right at the conclusion of any
proceedings. The appeal shall be conducted in accordance with the provisions of chapter 1-26.
Section
23.
That
§
27B-7-46
be repealed.
Section
24.
That chapter
27B-7
be amended by adding thereto a NEW SECTION to read as
follows:
Section
25.
That chapter
27B-7
be amended by adding thereto a NEW SECTION to read as
follows:
Section
26.
That chapter
27B-7
be amended by adding thereto a NEW SECTION to read as
follows:
Section
27.
That
§
27B-8-56
be amended to read as follows:
27B-8-56.
Time-out rooms used for separating a person with a developmental disability from
other persons receiving services and group activities may be employed only under close and direct
staff supervision and only as a technique in behavior intervention programs. No time-out room may
be used in an emergency situation. Behavior intervention programs utilizing a time-out procedure
may be implemented only if it incorporates a positive approach designed to result in the acquisition
of appropriate behavior
.