February 8, 1982
Mr. Michael J. Whalen
Deputy State's Attorney
Charles Mix County
Post Office Box 370
Lake Andes, South Dakota 57356
Official Opinion No. 82-10
Emergency Commitment of the Dangerously Ill
Dear Mr. Whalen:
You have requested an opinion relating to the procedure for the emergency commitment of the dangerously ill.
SDCL 27A-9-16.1 provides:
In regard to involuntary commitment, no county board of mental illness or, except when acting under an order of a court, law enforcement agency or agent of this state, or any person acting on or in its or their behalf, may order, commit, or transport or cause to be transported any person to the South Dakota human services center for observation, examination, evaluation, care or treatment without first making a determination that such service or services cannot be provided to that person by the designated community mental health service center for the area in which the order, commitment or transporting originates. The information or evidence necessary to make the required determination may be secured by formal or informal contact, including contact by telephone, with the administrator, or his designee, of the appropriate community mental health center and need not be governed by the strict rules of evidence.
Based on the above facts, you have asked the following question:
QUESTION:
Does SDCL 27A-9-16.1 require that an inquiry be made to determine whether services for the mentally ill person cannot be provided to that person by the designated community health service center for the area in which the order to transport the person to the State Human Services Center originated?
SDCL Ch. 27A-9 pertains to the involuntary commitment of the mentally ill, while SDCL Ch. 27A-10 pertains to the emergency commitment of the dangerously ill.
SDCL 27A-10-3 has a cross reference to 27A-9-16.1 printed beneath it. However, SDCL 2-14-9 provides that cross references constitute no part of any statute.
Therefore, S.B. 76 as passed by the 1981 South Dakota Legislature must be examined. Section 2 of S.B. 76, codified at SDCL 27A-9-16.1, requires local county boards of mental illness to first determine that the designated community mental health center cannot provide services to the patient before the patient is ordered, committed or transported to the South Dakota Human Services Center for an involuntary commitment. Section 2 makes no reference to emergency commitments of the dangerously ill.
Section 3 of S.B. 76. codified at SDCL 27A-9-16.2, requires the Yankton County Board of Mental Illness to first determine that the designated mental health center cannot provide services to a person before that person is ordered, committed or transported to the South Dakota Human Services Center. Section 3 pertains to both the involuntary commitment as well as to the emergency commitment of the dangerously ill.
SDCL 27A-10-8 provides that if a person alleged to be dangerously ill is transported to the South Dakota Human Services Center, the Yankton County Board of Mental Illness determines whether the person is ill and in immediate need of treatment.
There is an apparent conflict between SDCL 27A-9-16.1 and SDCL 27A-9-16.2. It is a basic rule of statutory construction that where conflicting statutes appear, there is a duty to give a reasonable construction to both and to give effect, if possible, to all provisions under consideration, construing them together to make them harmonious and workable. Matter of the Sales Tax Refund Application, 298 N.W.2d 799 (S.D.1980).
The only way to read these statutes together to make them harmonious and workable is to require the county boards of mental illness to determine that the designated community mental health center cannot provide services to the person alleged to be dangerously ill before that person is ordered, committed or transported to the South Dakota Human Services Center.
Therefore, it is my opinion that SDCL 27A-9-16.1 also pertains to the emergency commitment of the dangerously ill.
Respectfully submitted,
Mark V. Meierhenry
Attorney General
