Any application for emergency detainment, petition for commitment, application for commitment, order for a court-appointed examination, or written report to the circuit court must be sealed and may not be used for the purpose of enforcing the provisions of chapter 22-42 and chapter 22-42A against the person being committed. Any law enforcement official or prosecuting attorney may petition the circuit court to examine these documents, and the court may allow such examination upon a showing that the purpose of the examination is not to investigate a violation of chapter 22-42 or chapter 22-42A against the person being committed. Any information obtained from the examination of the application for emergency detainment, petition for commitment, application for commitment, order for a court-appointed examination, or written report to the circuit court may not be used against the person being committed in any prosecution for a violation of chapter 22-42 or chapter 22-42A.

Have a question? Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In South Dakota Codified Laws 34-20A-70.2

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

Source: SL 2003, ch 182, § 1; SL 2023, ch 117, § 7.