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revise provisions regarding failure to comply with outpatient commitment or treatment orders.

This bill clarifies which officials must be notified when someone fails to follow an outpatient mental health commitment or treatment order, requiring notification to the state's attorney in both the county where the person is located and the county that issued the original order. It also allows the treatment program or doctor to recommend alternative placements (like involuntary hospitalization) if they believe the person's condition will significantly worsen due to non-compliance.

revise provisions regarding testimony of qualified mental health professionals at involuntary commitment hearings.

This bill requires that at involuntary commitment hearings, an independent mental health professional must testify about whether less restrictive treatment options (like outpatient programs) are available and appropriate instead of inpatient hospitalization. If such alternatives exist and are deemed suitable, the person cannot be committed to inpatient treatment and must instead be placed in the least restrictive treatment option available.

require certain examinations of persons awaiting involuntary commitment hearings.

This bill requires that within 24 hours after someone is detained for a mental health emergency, an independent mental health professional must examine them and continue doing so every 24 hours they remain detained. The professional must explain to the person that the exam is to determine if they should stay detained and that findings may be used in a commitment hearing. This ensures detainees get regular, independent evaluations rather than relying solely on assessments from the person who initiated their detention.

provide for the use of electronic communication in the involuntary commitment process and to declare an emergency.

South Dakota now allows mental health professionals to conduct the required examination of a person held for potential involuntary commitment using video conferencing instead of requiring an in-person visit. The bill keeps all other requirements the same—the examination must still happen within 24 hours and include a mental status evaluation—but gives professionals the option to use real-time audio and video technology to complete this step.

revise provisions related to the restoration to competency of criminal defendants.

This bill updates how South Dakota handles defendants found mentally incompetent to stand trial by clarifying that courts can place them in outpatient treatment (rather than only institutional commitment) if they're not considered dangerous, and it specifies that treatment must determine within four months whether the defendant is likely to regain competency. The bill also updates the language to use gender-neutral terms like "the defendant" instead of "him" throughout the statute.

provide for the designation of an appropriate regional facility by the Department of Social Services.

The Department of Social Services can now designate private or regional facilities as approved alternatives to state psychiatric hospitals for people being held for emergency mental health evaluation. These designated facilities must meet specific requirements, including 24/7 availability, overnight residential services, and on-site medical staff, allowing more flexibility in where people in mental health crises can be admitted and treated.