South Carolina § 44-17-540 Hearing to be held if examiners find mental illness.

South Carolina Statutes

§ 44-17-540 — Hearing to be held if examiners find mental illness.

South Carolina § 44-17-540

Title 44HEALTH

Ch. 17CARE AND COMMITMENT OF MENTALLY ILL PERSONS

This text of South Carolina § 44-17-540 (Hearing to be held if examiners find mental illness.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 44-17-540 (2026).

Text

If the report of the two designated examiners, other than the independent designated examiner, is to the effect that they are of the opinion that the person is not mentally ill to the extent that involuntary treatment is required, the court shall terminate the proceedings and dismiss the petition immediately upon receipt of the report. If the report of the two designated examiners, other than the independent designated examiner, is divided, the court may terminate the proceedings or may designate a third examiner, who must be a psychiatrist, and charge the three examiners to render a majority opinion within five days. If the report of the designated examiners is to the effect that they are of the opinion that the person is mentally ill and involuntary treatment is required, the court shall

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If the report of the two designated examiners, other than the independent designated examiner, is to the effect that they are of the opinion that the person is not mentally ill to the extent that involuntary treatment is required, the court shall terminate the proceedings and dismiss the petition immediately upon receipt of the report. If the report of the two designated examiners, other than the independent designated examiner, is divided, the court may terminate the proceedings or may designate a third examiner, who must be a psychiatrist, and charge the three examiners to render a majority opinion within five days. If the report of the designated examiners is to the effect that they are of the opinion that the person is mentally ill and involuntary treatment is required, the court shall conduct a hearing. For persons admitted pursuant to Section 44-17-410, the hearing may be held on the same day as the designated examinations unless the person or his counsel objects. Upon objection by the person or his counsel, the court shall delay the hearing. For persons whose admission is sought under Section 44-17-510, the court immediately shall fix a date for and give notice of a hearing, to be held not less than five nor more than seven days, excluding Saturdays, Sundays, and legal holidays, from receipt of the report.

Legislative History

HISTORY: 1962 Code SECTION 32-962; 1952 Code SECTION 32-961; 1942 Code SECTION 6229; 1932 Code SECTION 6229; Civ. C. '22 SECTION 5082; Civ. C. '12 SECTIONS 3358, 3359; Civ. C. '02 SECTIONS 2251, 2252; 1894 (21) 825; 1920 (31) 704; 1924 (33) 1081; 1931 (37) 239; 1932 (37) 1471; 1935 (39) 85; 1952 (47) 2042; 1953 (48) 504; 1954 (48) 1732; 1974 (58) 2642; 1977 Act No. 99 SECTION 8; 1982 Act No. 412; 1991 Act No. 34, SECTION 1; 2000 Act No. 253, SECTION 7.