South Carolina Statutes
§ 44-23-460 — Procedure when superintendent believes person charged with crime no longer requires hospitalization.
South Carolina·Title 44 HEALTH·Ch. 23 PROVISIONS APPLICABLE TO BOTH MENTALLY ILL PERSONS AND PERSONS WITH INTELLECTUAL DISABILITY
When the superintendent of a hospital or intellectual disability facility believes that a person against whom criminal charges are pending no longer requires hospitalization, the court in which criminal charges are pending shall be notified and shall set a date for and notify the person of a hearing on the issue of fitness pursuant to Section 44-23-430. At such time, the person shall be entitled to assistance of counsel:
(1)if upon the completion of the hearing, the court finds the person unfit to stand trial, it shall order his release from the hospital; and (2) if such a person has been hospitalized for a period of time exceeding the maximum possible period of imprisonment to which the person could have been sentenced if convicted as charged, the court shall order the charges dismissed
Free access — add to your briefcase to read the full text and ask questions with AI
South Carolina § 44-23-460 (Procedure when superintendent believes person charged with crime no longer requires hospitalization.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
HISTORY: 1962 Code SECTION 32-983; 1974 (58) 2642; 1977 Act No. 99, SECTION 17; 2011 Act No. 47, SECTION 5, eff June 7, 2011. ARTICLE 11 Treatment, Rights, Privileges, and Expenses of Patients Generally
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.