South Dakota Code § 27A-10-22

Discretion of law enforcement officer to arrest--Priority given to placement
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The provisions of §
27A-10-21
do not limit the law enforcement officer's discretion in arresting a person for a criminal offense. However, the law enforcement officer shall give priority to placing a severely mentally ill person who has also committed a misdemeanor offense in a mental health facility and a person intoxicated or incapacitated by the effects of alcohol or drugs, as defined by §
34-20A-2
, who has also committed a misdemeanor offense in a detoxification facility.

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