South Carolina § 16-3-1740 Mental health evaluations of persons convicted of stalking or harassment; notice to victim in person of unsupervised release.

South Carolina Statutes

§ 16-3-1740 — Mental health evaluations of persons convicted of stalking or harassment; notice to victim in person of unsupervised release.

South Carolina § 16-3-1740

Title 16CRIMES AND OFFENSES

Ch. 3OFFENSES AGAINST THE PERSON

This text of South Carolina § 16-3-1740 (Mental health evaluations of persons convicted of stalking or harassment; notice to victim in person of unsupervised release.) 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. § 16-3-1740 (2026).

Text

(A)Before sentencing a person convicted of stalking or harassment in the first or second degree, the court may require the person to undergo a mental health evaluation. If the court determines from the results of the evaluation that the person needs mental health treatment or counseling, the court shall require him to undergo mental health treatment or counseling by a court-approved mental health professional, mental health facility, or facility operated by the Office of Mental Health as a part of his sentence.

(B)When the court orders a mental health evaluation, the evaluation may not take place until the facility conducting the evaluation has received all of the documentation including, but not limited to, warrants, incident reports, and NCIC reports associated with the charges.

(C)If

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(A) Before sentencing a person convicted of stalking or harassment in the first or second degree, the court may require the person to undergo a mental health evaluation. If the court determines from the results of the evaluation that the person needs mental health treatment or counseling, the court shall require him to undergo mental health treatment or counseling by a court-approved mental health professional, mental health facility, or facility operated by the Office of Mental Health as a part of his sentence. (B) When the court orders a mental health evaluation, the evaluation may not take place until the facility conducting the evaluation has received all of the documentation including, but not limited to, warrants, incident reports, and NCIC reports associated with the charges. (C) If the evaluation results in the unsupervised release of the person, the victim must be notified prior to the person's release. All reasonable efforts must be made to notify the victim personally to assure the notice is received.

Legislative History

HISTORY: 1995 Act No. 94, SECTION 1; 2005 Act No. 106, SECTION 7, eff January 1, 2006. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.