South Dakota Code § 27B-7-36

Dismissal of petition if not upheld by professional report--Discharge of subject
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The petition shall be dismissed by the chair of the county review board unless the evaluating psychiatrist or psychologist concludes, in writing, that the person meets the criteria for board
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ordered commitment. If the county review board finds that a person does not meet the criteria for board
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ordered commitment, the board shall enter a finding to that effect, shall dismiss the petition, and shall direct that the person be immediately discharged if the person has been detained prior to the hearing.

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