South Carolina Statutes
§ 44-23-440 — Finding of unfitness to stand trial shall not preclude defense on merits.
South Carolina·Title 44 HEALTH·Ch. 23 PROVISIONS APPLICABLE TO BOTH MENTALLY ILL PERSONS AND PERSONS WITH INTELLECTUAL DISABILITY
A finding of unfitness to stand trial under Section 44-23-430 does not preclude any legal objection to the prosecution of the individual which is susceptible of fair determination prior to trial and without the personal participation of the defendant. If either the person found unfit to stand trial or his counsel believes he can establish a defense of not guilty to the charges other than the defense of insanity, he may request an opportunity to offer a defense on the merits to the court. The court may require affidavits and evidence in support of such request. If the court grants such request, the evidence of the State and the defendant shall be heard before the court sitting without a jury. If after hearing such petition the court finds the evidence is such as would entitle the defendant
Free access — add to your briefcase to read the full text and ask questions with AI
South Carolina § 44-23-440 (Finding of unfitness to stand trial shall not preclude defense on merits.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
HISTORY: 1962 Code SECTION 32-981; 1974 (58) 2642; 1977 Act No. 99, SECTION 17; 2011 Act No. 47, SECTION 5, eff June 7, 2011.
Nearby Sections
15
§ 44-23-10
Definitions.§ 44-23-1110
Charges for maintenance, care, and services.§ 44-23-1130
Contracts for care and treatment.§ 44-23-20
Inapplicability to Whitten Center.§ 44-23-210
Transfer of confined persons to or between mental health or intellectual disability facility.§ 44-23-220
Admission of persons in jail.§ 44-23-240
Causing unwarranted confinement.