SDCL § 34-20A-80: Discharge before end of commitment period.

A person committed for treatment shall be discharged at any time before the end of the period for which he has been committed if either of the following conditions is met:

(1) In case of commitment on the grounds of likelihood of infliction of physical harm upon himself or another, that the likelihood of such harm no longer exists; or

(2) In case of commitment on the grounds of the need of treatment and incapacity, that the incapacity no longer exists, further treatment will not be likely to bring about significant improvement in the person's condition, or treatment is no longer adequate or appropriate.