34-20A-63. Emergency detainment--Grounds.An intoxicated person, or a person receiving treatment for withdrawal management, may be detained in an approved treatment facility for emergency treatment if the person:(1)Has threatened, attempted, or inflicted physical harm on oneself or on another or is likely to inflict physical harm on another unless detained;(2)Is incapacitated by the effects of alcohol or drugs; or(3)Is pregnant and abusing alcohol or drugs.A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment. Source: SL 1974, ch 240, §11 (a); SL 1985, ch 277, §14; SL 1998, ch 204, §1; SL 2022, ch 108, §5; SL 2023, ch 117, §3.
South Dakota Legal Code