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1. What symptoms or actions need to be witnessed to get a person committed?

If you believe someone you know is a danger to themselves or others and won’t seek voluntary treatment, you can contact the Lincoln County State’s Attorney’s Office at 605-764-5732.

The Civil Deputy State’s Attorney and his assistant oversee the filing of the petitions, and will assist you with completing the required information including the facts which you believe indicate the need for involuntary commitment. As the petitioner, you must be 18 years or older.

Severe Mental Illness

A person is subject to involuntary commitment if said person suffers from a severe mental illness, and due to that severe mental illness, is a danger to themselves or others and is in need of immediate intervention.

Definition

A severe mental illness is defined under the SDCL 27A-1-1 (18) as a substantial organic or psychiatric disorder of thought, mood, perception, orientation, or memory which significantly impairs judgment, behavior, or ability to cope with the basic demands of life.

The following alone do not constitute a severe mental illness:

• Alcohol or Substance Abuse
• Brief Periods of Intoxication
• Criminal Behavior
• Epilepsy
• Mental Retardation
• Other Developmental Disability

2. What happens after I fill out the petition?

1. If the Chair determines, after examining the petition, that there is probable cause to believe the person meets the statutory criteria for emergency commitment, he may order law enforcement to apprehend and transport the alleged mentally ill person to an appropriate regional facility. If the person is a nonresident of South Dakota, the Human Services Center in Yankton may be used.
2. Within 24 hours after apprehension, a qualified mental health professional (QMHP) will complete an examination. The QMHP will immediately report any findings to the Chair. If the QMHP’s examination does not support a finding that the person meets the statutory criteria for involuntary commitment, the person will be released.
3. If the Chair determines that the statutory criteria have been met, he may order that the person continue to be detained in an appropriate regional facility pending a hearing. Such hearing will be held within 5 days (excluding weekends and holidays) of the person being taken into custody.
   • However, if the person is willing to admit himself on a voluntary basis to a suitable inpatient psychiatric facility or other treatment program, then a hearing will not be held. If such a person is unwilling to admit himself on a voluntary basis, a hearing will be held before the Mental Illness Board. If a majority of the Board finds the alleged mentally ill person meets the statutory criteria by clear and convincing evidence, the Board may order the person to be committed to an appropriate facility or treatment center which constitutes the "least restrictive alternative" for a period not to exceed 90 days.

3. If I file a petition to have someone committed do I need to hire my own attorney?

No. The State’s Attorney’s Office represents the petitioner at the hearing, so there is no need for you to hire your own attorney.

4. Will I have to testify in front of the person that I am asking to have committed?

The State’s Attorney’s Office realizes that people may be reluctant to testify because they are afraid the mentally ill person will be angry with them or blame them if he/she is committed. The State’s Attorney’s Office will be sensitive to that, and if there is enough evidence without calling you as a witness, we will try not to have you speak. However, in some cases the petitioner will need to testify. In those cases, the State’s Attorney’s Office will advise you that you may tell your loved one/family member that you don’t want to testify, but that we are requiring you to.

Please feel assured that the Lincoln County State’s Attorney’s Office and Board of Mental Illness work closely with law enforcement and mental health professionals to assure proper handling of these cases.

If you believe someone you know is a danger to themselves or others and won’t seek voluntary treatment, you can contact the Lincoln County State’s Attorney’s Office at 605-764-5732. If it is an emergency or after regular business hours, please contact the Lincoln County Sheriff’s Department at 605-764-5651.