South Dakota § 27B-10-9 Commitment order--Annual review--Report--Review hearing--Order.

South Dakota Statutes

§ 27B-10-9 — Commitment order--Annual review--Report--Review hearing--Order.

South Dakota § 27B-10-9

Title 27BDEVELOPMENTALLY DISABLED PERSONS

Ch. 27B-9VOLUNTARY ADMISSION TO FACILITIES FOR THE MENTALLY RETARDED

This text of South Dakota § 27B-10-9 (Commitment order--Annual review--Report--Review hearing--Order.) 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 § 27B-10-9 (2026).

Text

The court shall review any commitment order entered pursuant to § 27B-10-8 and accompanying information at least annually to make a determination of the continued need and supporting justification for commitment. Prior to the annual review, but not less than thirty days prior to the anniversary date of the commitment order, the facility providing services to the person shall report to the committing court regarding the person's supports, services, or treatment and progress. If the facility is separate from the Department of Human Services, the report must also be served on the department. Following ten days' notice to the person, the person’s attorney, the department, and the facility providing services to the person if separate from the department, the court shall hold a review hearing. T

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The court shall review any commitment order entered pursuant to § 27B-10-8 and accompanying information at least annually to make a determination of the continued need and supporting justification for commitment. Prior to the annual review, but not less than thirty days prior to the anniversary date of the commitment order, the facility providing services to the person shall report to the committing court regarding the person's supports, services, or treatment and progress. If the facility is separate from the Department of Human Services, the report must also be served on the department. Following ten days' notice to the person, the person’s attorney, the department, and the facility providing services to the person if separate from the department, the court shall hold a review hearing. The review hearing must include participation by the state's attorney, the department, the facility providing services to the person if separate from the department, and the person's attorney. The rights and procedures applicable during an initial commitment hearing are applicable to a review hearing. A petition pursuant to § 27B-10-3 need not be filed. At the conclusion of the review hearing, the court may issue an order of continued commitment or immediately discharge the person from involuntary commitment if the conditions in § 27B-10-8 justifying commitment no longer exist.