South Dakota 2022 Regular Session

South Dakota Senate Bill SB136

Introduced
1/27/22  
Refer
1/27/22  
Report Pass
2/9/22  
Engrossed
2/14/22  
Refer
2/15/22  
Report Pass
3/1/22  
Enrolled
3/2/22  

Caption

Revise and clarify certain processes for emergency detainment related to drug and alcohol abuse.

Impact

By amending existing laws on emergency detainment, SB136 seeks to streamline the process for initiating treatment and safeguarding individuals from harm due to their substance abuse. It introduces provisions for documentation required for detainment, ensuring that there is a formal procedure for applications made by law enforcement or family members. Furthermore, the bill states that detention cannot exceed five days without an evaluation, reflecting a balance between the need for urgent care and the respect for individual rights.

Summary

Senate Bill 136 aims to revise and clarify the processes related to emergency detainment for individuals affected by drug and alcohol abuse in South Dakota. The bill sets forth specific criteria under which a person may be detained for treatment, emphasizing the need for immediate intervention when an individual poses a danger to themselves or others due to substance use. It establishes frameworks for law enforcement and treatment facilities to work together to manage these situations efficiently while safeguarding the rights of those involved.

Sentiment

Overall sentiment towards SB136 was largely supportive, with many lawmakers recognizing the necessity of a clear process to address crises stemming from substance abuse. The bill received near-unanimous approval during voting, highlighting broad bipartisan agreement on the importance of caring for vulnerable individuals facing addiction issues. However, some concerns were raised about the implications for civil liberties and the potential for misapplication of the law in urgent situations.

Contention

Some notable points of contention revolved around the potential for misuse of emergency detainment powers and the adequacy of facilities to provide proper treatment. Critics highlighted the importance of safeguarding personal autonomy and ensuring sufficient mental health services are available to prevent unnecessary detainment. Proponents of the bill countered these concerns by stressing the importance of public safety and the need for rapid intervention in life-threatening situations.

Companion Bills

No companion bills found.

Previously Filed As

SD SB67

Revise provisions related to emergency and involuntary commitment for alcohol and drug abuse.

SD H6072

Commitment Of Alcoholics Or Substance Abusers

SD SB28

Revise and repeal obsolete provisions related to the Department of Social Services.

SD SB992

Alcoholism or drug abuse recovery or treatment facilities.

SD HB05397

An Act Concerning Emergency Intervention By A Police Officer When A Person Is Incapacitated By Drugs Or Due To A Medical Emergency.

SD AB2938

Substance abuse: alcoholism and drugs.

SD SB1228

Alcoholism or drug abuse recovery and treatment services: referrals.

SD HB06581

An Act Concerning Emergency Intervention By A Police Officer When A Person Is Incapacitated By Drugs Or Due To A Medical Emergency.

SD HB05191

An Act Concerning Emergency Intervention By A Police Officer When A Person Is Incapacitated By Drugs Or Due To A Medical Emergency.

SD HB2475

Children and juvenile code; clarifying scope of certain defined term; effective date.

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