South Dakota Code § 27A-10-23

Immunity from liability--Mobile crisis referral--Exception
Open in Lexace · Ask the AI about this section
Any law enforcement officer or authority, any qualified mental health professional in a clinic, hospital, or appropriate regional facility, or any clinic or hospital who in good faith transferred direct supervision of a person or direct engagement with a person to a mobile crisis team or a crisis intervention team certified law enforcement officer, is immune from any civil liability for the referral. Any member of a mobile crisis team or a crisis intervention team certified law enforcement officer, whose actions, in the engagement with a person or in the de-escalation, assessment, supervision, examination, or placement of a person in compliance with this section and §§
27A-10-20
to
27A-10-22
, inclusive, are taken in good faith, are immune from any civil liability for the engagement with the person or for the de-escalation, assessment, referral, supervision, examination, transfer, or placement of the person. The immunity from civil liability under this section and §§
27A-10-20
to
27A-10-22
, inclusive, does not apply if injury results from gross negligence or willful or wanton misconduct. Any law enforcement officer or authority who acts in compliance with subsection
27A-10-21
(2)(b) and §
34-20A-57
is not criminally or civilly liable for the officer's or authority's actions.

‹ Prev All South Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.