South Carolina Statutes
§ 44-23-450 — Reexamination of finding of unfitness.
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 may be reexamined by the court upon its own motion, or that of the prosecuting attorney, the person found unfit to stand trial, his legal guardian, or his counsel. Upon receipt of the petition, the court shall order an examination by two designated examiners whose report shall be submitted to the court and shall include underlying facts and conclusions. The court shall notify the individual, his legal guardian, and his counsel of a hearing at least ten days prior to such hearing. The court shall conduct the proceedings in accordance with Section 44-23-430, except that any petition that is filed within six months after the initial finding of unfitness or within six months after the filing of a previous petition under this section
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South Carolina § 44-23-450 (Reexamination of finding of unfitness.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
HISTORY: 1962 Code SECTION 32-982; 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.