South Dakota § 25-10-44 Mental illness hold--Release.

South Dakota Statutes

§ 25-10-44 — Mental illness hold--Release.

South Dakota § 25-10-44

Title 25DOMESTIC RELATIONS

Ch. 25-9CPROTECTION FROM DOMESTIC ABUSE

This text of South Dakota § 25-10-44 (Mental illness hold--Release.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 25-10-44 (2026).

Text

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.

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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.