Section 34-20A-56 - Protective custody procedure--Duty of detaining officer--No arrest orrecord. - South Dakota Statutes

34-20A-56. Protective custody procedure--Duty of detaining officer--No arrest or record. Any law enforcement officer, in detaining a person pursuant to § 34-20A-55 and in taking him to an approved treatment facility, for emergency commitment is taking him into protective custody and shall make every reasonable effort to protect his health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself. A taking into protective custody under this section is not an arrest. No entry or other record may be made to indicate that the person has been arrested or charged with a crime.

Source: SL 1974, ch 240, § 10 (b); SL 1985, ch 277, § 8.