Involuntary Commitment (IVC) - Substance Abuse

• A person with a substance abuse disorder can be involuntarily committed if they meet the statutory criteria as stated in SDCL 34-20A-63.
• For an alcohol/drug commitment, a petitioner may seek protective custody of someone who is intoxicated or incapacitated by alcohol or drugs AND is clearly dangerous to the health and safety of themselves or others. If probable cause exists, law enforcement can take the individual into protective custody by a Protective Custody Order.
• A Protective Custody Application can be filled out to assist in gathering information on the person to be committed and the circumstances surrounding the commitment

• Upon being taken into protective custody, the individual is taken to the appropriate treatment facility with detoxification services for the emergency commitment. If the administrator finds that an emergency commitment is not appropriate, the individual may only be detained up to 48 hours after admission.
• If no treatment facility is available, the individual in protective custody may be taken to emergency medical services or jail until they are no longer intoxicated or incapacitated or it is no longer necessary to prevent injury to themselves or others.

An emergency commitment requires that an individual is committed to an approved treatment facility for emergency treatment and is done on the grounds that the intoxicated person:

1. Has threatened, attempted, or inflicted physical harm on themselves or others or is likely to inflict physical harm on another unless committed; or
2. Is incapacitated by the effects of alcohol or drugs; or
3. Is pregnant and abusing alcohol and drugs.

• A law enforcement officer, physician, spouse, guardian, relative, or responsible person for the individual to be committed can make a written application for emergency commitment, directed to the administrator of the approved treatment facility. The application should include the circumstances requiring emergency commitment, any personal observations, and specific statements of others.
• A copy of the application for commitment is given to the individual within 24 hours after commitment and they are given the opportunity to consult legal counsel.

If the administrator of the treatment facility determines the individual does not meet the requirements of an emergency commitment, the person should be immediately released and encouraged to seek voluntary treatment, unless the person is under protective custody. If the person is under protective custody, they may be detained until no longer intoxicated or up to 48 hours.

Payment for treatment under the emergency commitment or protective custody may be assessed to the individual detained, a legally responsible relative or guardian, the county of residence, or bill to the division through contract with an approved treatment facility.

• A Petition for Involuntary Commitment must be filed within five days of emergency commitment, excluding Saturdays, Sundays, and legal holidays, or the person must be discharged. The petition may be filed by the person's spouse, guardian, relative, physician, treatment facility administrator, or any other responsible person. The petition must allege that the person is an alcohol or drug abuser who habitually lacks self-control as to the use of the drugs or alcohol and:
1. Has threatened, attempted, or inflicted physical harm on themselves or others and that unless committed is likely to inflict harm on themselves or another; or
2. Is incapacitated by the effects of alcohol or drugs; or
3. Is pregnant and abusing alcohol or drugs.
• If the petition has been filed and the grounds for emergency commitment still exist, the person may be detained up to 10 days until the petition has been heard, excluding Saturdays, Sundays, and legal holidays, after filing the petition.
• The administrator of the treatment facility may also determine that the grounds for commitment no longer exist and may discharge the person committed.

• The circuit court judge will appoint a lawyer to represent the individual who will prepare a report regarding the circumstances for commitment. The court may require an Application for Court-Appointed Counsel to Assist in Petition for Involuntary Commitment. If the court approves, it may issue an Order for Court-Appointed Counsel.
• A physician or addiction counselor will also submit a certificate setting forth findings that support the allegations in the petition.
• Within 10 days, excluding Saturdays, Sundays, and legal holidays, a hearing will be held, and evidence will be presented. The person being committed and their counsel will receive a Notice for Hearing on Petition for Involuntary Commitment.

After hearing all evidence, the court may find that grounds for involuntary commitment have been established. If so, the court will make an order of commitment to an approved treatment facility. The court must find that the facility is able to provide adequate and appropriate treatment that is likely to be beneficial.

• A person can be committed for treatment based on the time indicated by the order signed by the judge. The time period cannot be longer than 90 days, unless a second court order is issued. The second order cannot be longer than 90 days. A third order can be issued for an additional 90 days, but no more than three orders can be issued. Each new order requires a hearing for recommitment.
• If it is found that the likelihood of harm of infliction of physical pain upon themselves or others no longer exists, or that no further treatment is appropriate, the individual may be discharged.
• The person committed can also seek discharge themselves by a writ of habeas corpus.

Payment for treatment under the involuntary commitment may be assessed to the individual committed, a legally responsible relative or guardian, a conservator, the county of residence, or billed to the division through contract with an approved treatment facility.