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Code · South Dakota · Title 24 · Chapter 24-2

24-2-33. Hearing required prior to treatment with psychotropic medication.

136 words·~1 min read·/sd/title-24/chapter-24-2/24-2-33

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Prior to involuntary treatment with psychotropic medication, the inmate shall receive a hearing before a panel consisting of a psychiatrist, a physician, and a representative of the warden, none of whom may have participated in the inmate's current diagnosis, evaluation, or treatment. The inmate has the right to notice of the hearing, the right to attend the hearing, and the right to present evidence and cross - examine witnesses, and the right to representation by a disinterested lay advisor knowledgeable about psychological issues.
The panel may order involuntary treatment with psychotropic medication by majority vote of the panel if the psychiatrist is in the majority. The inmate may appeal the decision of the panel to the secretary of corrections. The inmate may appeal the decision of the secretary to circuit court pursuant to chapter 1-26 .
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