§ 27A-10-23 — Immunity from liability--Mobile crisis referral--Exception.

South Dakota § 27A-10-23

• Jurisdiction: South Dakota
• Title 27A: MENTALLY ILL PERSONS
• Ch. 27A-9: EMERGENCY COMMITMENT

Text

Any law enforcement officer or authority, any qualified mental health professional in a clinic, hospital, or appropriate regional facility, or any clinic or hospital who in good faith transferred direct supervision of a person or direct engagement with a person to a mobile crisis team or a crisis intervention team certified law enforcement officer, is immune from any civil liability for the referral. Any member of a mobile crisis team or a crisis intervention team certified law enforcement officer, whose actions, in the engagement with a person or in the de-escalation, assessment, supervision, examination, or placement of a person in compliance with this section and §§ 27A-10-20 to 27A-10-22 , inclusive, are taken in good faith, are immune from any civil liability for the engagement with the person or for the de-escalation, assessment, referral, supervision, examination, transfer, or placement of the person. The immunity from civil liability under this section and §§ 27A-10-20 to 27A-10-22 , inclusive, does not apply if injury results from gross negligence or willful or wanton misconduct. Any law enforcement officer or authority who acts in compliance with subsection 27A-10-21 (2)(b) and § 34-20A-57 is not criminally or civilly liable for the officer's or authority's actions.

Legislative History

SL 2010, ch 142, § 4; SL 2013, ch 122, § 6; SL 2020, ch 111, § 4, eff. Mar. 12, 2020; SL 2020, ch 115, § 1.