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STEINKRUGER v. MILLER

No. 21105.

612 N.W.2d 591 (2000)

2000 SD 83

Roger STEINKRUGER, Chief Executive Officer, South Dakota Human Services Center, Appellee, v. DeWayne MILLER, Appellant.

Supreme Court of South Dakota.

Decided June 21, 2000.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Lynne A. Valenti, Special Assistant Attorney General, Department of Human Services, Pierre, South Dakota, Attorneys for appellee.

David M. Hosmer, Yankton, South Dakota, Kari L. Nordstrom, South Dakota Advocacy Services, Pierre, South Dakota, Attorneys for appellant.

KONENKAMP, Justice

[¶ 1.] Are South Dakota's forced medication statutes unconstitutional because they fail to require that mental patients be given the least restrictive treatment alternative? The circuit court found that there was no less intrusive alternative available in this case. We conclude that our statutes comport with constitutional constraints by incorporating the least restrictive alternative requirement for incompetent, involuntarily committed patients...

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