SDCL § 34-20A-65: Administrator to observe--Refusal of application--Disposition of detained person.

The administrator of an approved treatment facility or an authorized designee shall refuse an application if the application fails to sustain the grounds for emergency detainment set forth in § 34-20A-63. The administrator of an approved treatment facility or an authorized designee may also refuse an application if, upon personal observation, the person to be detained does not meet the grounds for emergency detainment set forth in § 34-20A-63. The person detained shall be immediately released and must be encouraged to seek voluntary treatment if appropriate, unless the person is under protective custody. In that event, the person may be detained until no longer intoxicated or up to forty-eight hours.