CHAPTER 145

(HB 1133)

Commitment for mental illness, additional persons
may serve commitment papers.

         ENTITLED, An Act to  authorize additional persons to serve mental illness commitment papers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 27A-11A-5 be amended to read as follows:

     27A-11A-5.   Copies of the petition and notice of hearing shall be personally served forthwith by the sheriff on the person prior to the hearing by the sheriff, or a constable, or an elector of any state not a party to the action that is specifically designated by the board . The notice of hearing shall include the following:

             (1)      Notice of the time, date, and place of hearing;

             (2)      Notice to the person of the right to be represented by an attorney retained by the person or appointed by the chair of the board wherever the hearing is to be held;

             (3)      Notice that the person will be examined by a qualified mental health professional or physician designated by the chair of the county board within twenty-four hours of being taken into custody;

             (4)      Notice that the medical records of the person will be available to the qualified mental health professional or physician and defense lawyer; and

             (5)      Notice of the right of the person to obtain an additional examination, the reasonable expense of which shall be reimbursed to the county by the person unless the person is indigent.

     Signed February 18, 2005

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