SDCL § 25-10-44: Mental illness hold--Release.

Notwithstanding § 25-10-40, if the police officer or sheriff believes that the domestic abuse perpetrator has a severe mental illness that makes the person an imminent danger to self or others, the officer or sheriff may initiate a mental illness hold under § 27A-10-3 and transport the person to an appropriate regional facility as described in that section and in accordance with the provisions set forth in title 27A. This section is not a substitution for an arrest under the provisions of this chapter, and the person shall be released only to the custody of law enforcement or a law enforcement agency if the mental illness hold is released.