Notwithstanding § 25-10-40, if the police officer or sheriff believes that the domestic abuse perpetrator has a severe mental illness that makes the person an imminent danger to self or others, the officer or sheriff may initiate a mental illness hold under § 27A-10-3 and transport the person to an appropriate regional facility as described in that section and in accordance with the provisions set forth in title 27A. This section is not a substitution for an arrest under the provisions of this chapter, and the person shall be released only to the custody of law enforcement or a law enforcement agency if the mental illness hold is released.
S.D. Codified Laws § 25-10-44
Mental illness hold--Release
Known as the Protection from Domestic Abuse Act
The act spans §§ 25-10-1 to 25-10-9 (55 sections).
Source: SL 2017, ch 113, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.