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S.D. Codified Laws § 34-20A-63

Emergency detainment--Grounds

Source: SL 1974, ch 240, § 11 (a); SL 1985, ch 277, § 14; SL 1998, ch 204, § 1; SL 2022, ch 108, § 5; SL 2023, ch 117, § 3.

An intoxicated person, or a person receiving treatment for withdrawal management, may be detained in an approved treatment facility for emergency treatment if the person:

(1) Has threatened, attempted, or inflicted physical harm on oneself or on another or is likely to inflict physical harm on another unless detained;

(2) Is incapacitated by the effects of alcohol or drugs; or

(3) Is pregnant and abusing alcohol or drugs.

A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.