June 27, 2017

Resource Page

This is a Resource Page for Police Departments within Union County; The County Sheriff’s Office; and or the County Coroner.

8/30/2016  Process to request and secure a blood sample when an officer is potentially exposed to a blood borne pathogen

  1. If officer is exposed to a bodily fluid the officer should seek medical attention.
  2. Report the incident to his / her supervisor and make a workman’s comp claim.
  3. Keep all bills associated with the event.
  4. Officer or Supervisor within the same department should request that the defendant provide by consent a blood sample for testing.
    1. Click on this link and use the form provided which includes the second pages that sets out the process.
    2. Give the defendant a copy of the statute included with this step.
    3. A RED TOP blood tube must be used for this purpose.  The lab will not be able to test the blood if another kind / color tube is used.
  5. If the defendant provides a sample send the sample to the Dept. of Health along with a copy of the consent form and the lab will test the blood within 48 hours of receiving the sample.  See SDCL 23A-35B-3.  If no Consent go to #6.
  6. If the defendant did not consent SDCL 23A-35B-3 then requires that the officer request in writing, that the State’s Attorney’s Office request a probable cause hearing for a search warrant to  draw the defendant’s blood for testing. This is an officer safety issue only and not an evidentiary hearing.
  7. The officer should fill out a search warrant and an affidavit in support of a search warrant.
    1. The court will be looking for probable cause that the Defendant was either bleeding, or somehow covered in a bodily fluid which either intentionally or inadvertently was transferred to the officer.
    2. That the officer was exposed or through the actions involved in the event that the officer’s skin was broken allowing for a contact contamination.
    3. Detail gained at the officer’s appointment in which the doctor identified how easily a contamination can occur would assist in this portion of the affidavit.
  8. On the search warrant there are two types of search warrant that you can request, add the following 3rd option: Blood Sample to be tested pursuant to SDCL 23A-35B-3.
  9. On the affidavit in support of request for search warrant that you can initial the two types of warrants, add and initial the following 3rd option:  Blood sample from the defendant to be tested for blood borne pathogens pursuant to SDCL 23A-35B-3.
  10. Once the application for the search warrant is signed and notarized;  the search warrant is completed; the written request for a probable cause hearing has been completed and collected, this office will move forward with a hearing.
    1. Depending upon the detain in the affidavit, the officer’s presence may be required at the hearing.
  11. Once the search warrant has been signed, the blood must be collected by an approved medically trained person and the blood must be stored and mailed in a RED TOP blood tube must be used for this purpose.  The lab will not be able to test the blood if another kind / color tube is used.
  12. A return will still need to be completed.

8/22/16   Domestic Violence Class (Elk Point, SD)

8/16/16     Emergency Mental Illness Forms (accepted by the Chairman of the Union County Mental Illness Board)

Power Point ~ Emergency Mental Illness Training (presented on August 22, 2016)  Instructor Mike McGill

06/2/2014        South Dakota Risk Assessment Worksheet (Blank) Form – South Dakota Risk Assessment Worksheet

05/16/2013      23-14-9.2. Autopsy fees–Coroner performing autopsy–County of residence to pay for  autopsy.

A physician or surgeon appointed under § 23-14-9.1 shall receive a reasonable fee for his  services to be ascertained and approved by the board of county commissioners and paid out of the  general fund of the county. If the coroner is a physician or surgeon, he may personally perform such  autopsy; and he shall receive a reasonable fee for his services to be ascertained and approved by the  board of county commissioners and paid out of the general fund of the county. If the death or autopsy  occurs in a county other than the decedents’ county of residence, the county of residence shall  reimburse the county where the autopsy occurred for the cost of the autopsy, provided that the county  of residence either requested the autopsy or is the site where the accident or injury leading to the  death occurred.

As of June 1, 2013, LCM Pathologists have changed there general practice and will require the below referenced form to be filled out to document which statutory agency is requesting an autopsy.  This form must be received prior to the beginning of any requested autopsy.   The same form can also be found at http://www.sanfordhealth.org/Locations/2029053809 .

Click here for the form to be filled out by either the County Coroner, County Sheriff, of the State’s Attorney.