South Dakota Statutes
§ 34-20A-56 — Protective custody procedure--Duty of detaining officer--No arrest or record.
South Dakota § 34-20A-56
JurisdictionSouth Dakota
Title 34PUBLIC HEALTH AND SAFETY
Ch. 34-20TREATMENT AND PREVENTION OF ALCOHOL AND DRUG ABUSE
This text of South Dakota § 34-20A-56 (Protective custody procedure--Duty of detaining officer--No arrest or record.) 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 § 34-20A-56 (2026).
Text
Any law enforcement officer, in detaining a person pursuant to § 34-20A-55 and in taking the person to an approved treatment facility for emergency detainment, is taking the person into protective custody and shall make every reasonable effort to protect the person's health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect the officer's person. A taking into protective custody under this section is not an arrest. No entry or other record may be made to indicate that the person has been arrested or charged with a crime.
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Related
State v. Walsh
305 N.W.2d 687 (South Dakota Supreme Court, 1981)
Petersen v. Department of Public Safety
373 N.W.2d 38 (South Dakota Supreme Court, 1985)
Legislative History
SL 1974, ch 240, § 10 (b); SL 1985, ch 277, § 8; SL 2022, ch 108, § 3.
Nearby Sections
15
§ 34-1-1
§ 34-1-1§ 34-1-1.1
Department reorganized and continued.§ 34-1-15
§ 34-1-15§ 34-1-19
Repealed§ 34-1-2
, 34-1-2.1Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 34-20A-56, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/34-20A-56.