South Dakota Statutes
§ 27B-7-39.1 — Rights of person during hearing--Waiver of rights--Exclusion of persons.
South Dakota § 27B-7-39.1
JurisdictionSouth Dakota
Title 27BDEVELOPMENTALLY DISABLED PERSONS
Ch. 27B-7COMMITMENT AND BOARD-ORDERED CARE OF DEVELOPMENTALLY DISABLED
This text of South Dakota § 27B-7-39.1 (Rights of person during hearing--Waiver of rights--Exclusion of persons.) 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-7-39.1 (2026).
Text
The person has the right to appear personally at any hearing and testify, but may not be compelled to do so. The person has the right to subpoena and cross - examine witnesses and to present evidence. If the person chooses not to appear, the person's attorney shall state on the record that the person has been informed of the hearing and of the right to appear and chooses not to exercise this right. Documentation of the reasons for the person's decision may not be required. The county review board may exclude any person not necessary for the conduct of the proceedings from the hearings, except any person requested to be present by the person who is the subject of the hearing.
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Legislative History
SL 2002, ch 136, § 17.
Nearby Sections
15
§ 27B-1-14
Purpose.§ 27B-1-15
Administrative functions of department.§ 27B-1-16
Use of other boards or councils.§ 27B-1-17
Definitions.§ 27B-1-18
Developmental disability defined.§ 27B-1-18.1
Intellectual disability defined.§ 27B-10-10
Review hearing--Rights.§ 27B-10-12
Assisting in escape--Violation.§ 27B-10-13
Rights--Person committed--Department.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 27B-7-39.1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/27B-7-39.1.