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Indicates Matter Stricken
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Indicates Matter Stricken
Indicates New Matter
AMENDED
March 9, 2005
H. 3412
Introduced by Reps. Harrison, Bales, Cotty, Brady, Whipper, Vaughn, Branham, Toole, Taylor, D.C. Smith and Bailey
S. Printed 3/9/05--H.
Read the first time February 1, 2005.
TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSIONS TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT IF A PATIENT DOES NOT REQUIRE INVOLUNTARY TREATMENT, THE COURT, UPON PROPER NOTICE, SHALL DISMISS THE PETITION FOR COMMITMENT; TO AMEND SECTION 44-17-430, RELATING TO TAKING PERSONS WHO ARE BELIEVED TO BE A DANGER TO THEMSELVES OR OTHERS INTO CUSTODY, SO AS TO PROVIDE THAT AN ORDER AUTHORIZING SUCH CUSTODY IS VALID ONLY FOR SEVENTY-TWO HOURS; TO ADD SECTION 44-13-05 SO AS TO ESTABLISH PROCEDURES FOR A LAW ENFORCEMENT OFFICER TO TAKE A PERSON WHO THE OFFICER BELIEVES TO BE MENTALLY ILL INTO PROTECTIVE CUSTODY AND TO PROVIDE IMMUNITY FROM LIABILITY; TO AMEND SECTION 44-17-580, RELATING TO PROCEDURES FOR JUDICIAL COMMITMENT TO A MENTAL HEALTH FACILITY, SO AS TO CLARIFY THESE PROCEDURES AND TO AUTHORIZE THE COURT TO ORDER OUT-PATIENT TREATMENT FOLLOWING IN-PATIENT COMMITMENT; TO AMEND SECTION 44-24-150, RELATING TO THE AUTHORITY OF THE FAMILY COURT TO COMMIT CERTAIN CHILDREN FOR PSYCHIATRIC EVALUATION, SO AS TO PROVIDE THAT THE COURT MAY ORDER THAT SUCH AN EVALUATION BE CONDUCTED BY A COMMUNITY MENTAL HEALTH CENTER AND THAT IF AN IN-PATIENT EVALUATION IS RECOMMENDED, THE COURT MAY COMMIT THE CHILD TO A DESIGNATED HOSPITAL FOR UP TO FIFTEEN DAYS FOR SUCH AN EVALUATION; AND TO AMEND SECTION 44-52-50, RELATING TO PROCEDURES FOR EMERGENCY ADMISSIONS FOR ALCOHOL AND DRUG TREATMENT, SO AS TO CLARIFY THAT IF A COURT ISSUES AN ORDER TO TAKE A PERSON IN NEED OF SUCH TREATMENT INTO PROTECTIVE CUSTODY, THE ORDER IS VALID ONLY FOR SEVENTY-TWO HOURS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-17-410 of the 1976 Code is amended by adding at the end:
"If before the hearing, the designated examiners determine that the patient is no longer mentally ill to the extent that involuntary treatment is required, they shall cause a supplemental report to be submitted to the court. If the court receives a supplemental report at least forty-eight hours before the hearing stating that the patient is no longer mentally ill to the extent involuntary treatment is required, and setting forth the reasons for the examiners' conclusions, the court shall dismiss the petition and the patient must be discharged immediately by the facility."
SECTION 2. Section 44-17-430 of the 1976 Code is amended to read:
"Section 44-17-430. If a person believed to be mentally ill and because of this condition likely to cause serious harm if not immediately hospitalized cannot be examined by at least one licensed physician pursuant to Section 44-17-410 because the person's whereabouts are unknown or for any other reason, the petitioner seeking commitment pursuant to Section 44-17-410 shall execute an affidavit stating a belief that the individual is mentally ill and because of this condition likely to cause serious harm if not hospitalized, the ground for this belief and that the usual procedure for examination cannot be followed and the reason why. Upon presentation of an affidavit, the judge of probate for the county in which the individual is present may require issue an order requiring a state or local law enforcement officer to take the individual into custody for a period not exceeding twenty-four hours. The order expires seventy-two hours after it was issued, and if the person is not taken into custody within those seventy-two hours, the order is no longer valid. During which the person's detention the person must be examined by at least one licensed physician as provided for in Section 44-17-410(2). The individual taken into custody has the right to representation by an attorney. If within the twenty-four hours the person in custody is not examined by a licensed physician or, if upon examination the physician does not execute the certification provided for in Section 44-17-410(2), the proceedings must be terminated and the individual in custody must be released immediately. Otherwise, proceedings must be held pursuant to Section 44-17-410(3)."
SECTION 3. Chapter 13, Title 44 of the 1976 Code is amended by adding:
"Section 44-13-05. (A) Except as provided for in Sections 56-5-2930 and 56-5-2950, if a law enforcement officer observes a person conducting himself in a manner that causes the law enforcement officer to reasonably believe that the person is mentally ill or is suffering from chemical dependency and because of that condition poses a likelihood of serious harm to himself or others or if a criminal offense that carries a penalty of less than one year and that does not involve a victim who could seek a warrant for the person's arrest has occurred, the law enforcement officer may take the person into protective custody and transport the person to the local mental health center or a crisis stabilization program, where available, for examination and pre-admission screening and evaluation of psychiatric and chemical dependency emergencies.
(B) Upon arrival at the mental health center or a crisis stabilization program, where available, the law enforcement officer who took the person into protective custody pursuant to this section shall complete a written affidavit under oath pursuant to Section 44-17-410(1). If the person is subsequently the subject of a hearing, and if the law enforcement officer who completed the affidavit is given notice of the hearing pursuant to Section 44-17-550, the officer may, but is not required to, appear at the hearing.
(C) The local mental health center or a crisis stabilization program, where available, shall arrange for an examination of the person in protective custody by a licensed physician. The center or crisis stabilization program, where available, may detain the person for up to twenty-four hours for the purpose of psychiatric evaluation and examination by a licensed physician. If within twenty-four hours of being taken into protective custody the person is not examined by a licensed physician, or if upon examination the physician does not execute the certification provided for in Section 44-17-410(2), the person in protective custody must be released. If the physician examining the person completes the certification provided for in Section 44-17-410(2), the center or crisis stabilization program, where available, may continue to detain the person pending transportation by a law enforcement officer to the hospital designated by the certification, as provided for in Section 44-17-440.
(D) The taking of a person into protective custody pursuant to this section is not an arrest. The officer shall inform the person that he or she is being held in protective custody and is not under arrest. However, a law enforcement officer taking an individual into protective custody may use that kind and degree of force necessary, including reasonable precautions for self-protection.
(E) Except when a person is injured as a result of intentional injury, gross negligence, or a wanton disregard for their personal safety, a law enforcement officer, examining physician, or staff person of a mental health center or a designated facility who acts in accordance with this section is immune from civil liability.
(F) For purposes of this section, 'crisis stabilization program' means a community-based psychiatric program providing short-term, intensive, mental health treatment in a nonhospital setting for persons who are experiencing a psychiatric crisis and who are either unable to safely function in their daily lives or are a potential threat to themselves or the community, with treatment available twenty-four hours a day, seven days a week."
SECTION 4. Section 44-17-580 of the 1976 Code is amended to read:
"Section 44-17-580. (A) If, upon completion of the hearing and consideration of the record, the court finds upon clear and convincing evidence that the person is mentally ill, needs involuntary treatment and because of his condition:
(1) lacks sufficient insight or capacity to make responsible decisions with respect to his treatment; or
(2) there is a likelihood of serious harm to himself or others, it the court shall order in-patient or out-patient treatment at a mental health facility, public or private, designated or licensed by the Department of Mental Health and may order out-patient treatment following in-patient treatment. If the court finds that he the person is not mentally ill and not in need of involuntary treatment, it the court shall dismiss the proceedings.
(B) If the court orders out-patient treatment and the respondent fails to adhere to the prescribed out-patient treatment order or program, on the treatment facility shall report of the failure by the treatment facility to the court and the court upon notice to the respondent and his counsel may shall order a supplemental hearing and may further order in-patient treatment in a designated or licensed facility as needed. The probate court issuing the order for out-patient treatment shall maintain jurisdiction over the person for the purpose of supplemental proceedings as herein set forth in this chapter and every order issued pursuant to this paragraph shall subsection must be so conditioned. An order for in-patient treatment at a mental health facility shall does not raise a presumption of incompetency and no rights shall may be denied a person unless specifically ordered by the court."
SECTION 5. Section 44-24-150 of the 1976 Code is amended to read:
"Section 44-24-150. (A) A family court may commit order that a child, who is otherwise before the court on another matter, for purposes of be given a psychiatric evaluation in those instances in which an evaluation in the community is not considered appropriate by the appropriate community mental health center. An order of commitment for psychiatric evaluation may not exceed fifteen days. Upon written request by the department to the court, the evaluation period may be extended for no more than an additional fifteen days The community mental health center shall schedule the child for the ordered evaluation as soon as possible and shall provide the family court with a written report of the results of the evaluation within five working days following the evaluation.
(B) If the community mental health center reports to the family court that the child is in need of an inpatient psychiatric evaluation, the family court may commit the child to a hospital designated by the department for a psychiatric evaluation. An order of commitment for psychiatric evaluation may not exceed fifteen days. Upon written request by the department to the court, the evaluation period may be extended for no more than an additional fifteen days. Upon notification by the department to the court that the evaluation has been completed, the court shall issue an order to implement the immediate discharge of the child from the department's facility hospital.
(C) If a psychiatric evaluation indicates a child is in need of judicial admission, the family court may:
(1) defer to the probate court for purposes of commitment to a range of services; or
(2) commit to a range of services utilizing the procedures and forms applicable to the probate court pursuant to Chapter 23 and Sections 44-24-90 through 44-24-140.
(D) Any victim of a child charged with a crime and held in detention who is ordered to a mental health facility for a psychiatric evaluation must be notified pursuant to Article 15, Chapter 3, Title 16, of the child's transfer to or discharge from a mental health facility."
SECTION 6. The third unnumbered paragraph of Section 44-52-50 of the 1976 Code is amended to read:
"If a person refuses to submit to an examination, or may not be examined because his whereabouts are unknown or for any other reason, the person seeking emergency admission shall execute a written affidavit stating that he believes the person to be chemically dependent, and because of this condition, poses a substantial risk of harm to himself or others if not immediately hospitalized, the grounds for the belief, and that the usual procedure for examination may not be followed and the reason therefor. Upon presentation of the affidavit, the court may require issue an order requiring any law enforcement officer to take a person into custody for a period not exceeding twenty-four hours. The order expires seventy-two hours after it was issued, and if the person is not taken into custody within those seventy-two hours, the order is no longer valid. During the detention he must be examined by a licensed physician. If within the twenty-four hours the person in custody is not examined by a licensed physician or, if upon examination, the physician does not execute the certificate required, the proceedings must be terminated and the individual in custody must be immediately released."
SECTION 7. This act takes effect upon approval by the Governor.
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