34-20A-56. Protective custody procedure--Duty of detaining officer--No arrest or record.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. Source: SL 1974, ch 240, §10 (b); SL 1985, ch 277, §8; SL 2022, ch 108, §3.
South Dakota Legal Code