South Carolina Law > Code of Laws > Title 44

SECTION 44-11-10.Facilities which must maintained; purposes.

The following facilities shall continue in existence and shall be maintained for the following purposes:

(1) those inpatient facilities as authorized by the Office of Mental Health, a component office of the Department of Behavioral Health and Developmental Disabilities, and funded by legislative appropriations, including facilities for the evaluation and treatment of mentally ill persons, facilities for the evaluation and treatment of chemically dependent persons, and long-term care facilities; and

(2) the mental health clinics for the diagnosis, treatment, and prevention of mental illness.

HISTORY: 1962 Code SECTION 32-931; 1952 Code SECTION 32-957; 1942 Code SECTION 6226; 1932 Code SECTION 6226; Civ. C. '22 SECTION 5078; 1920 (31) 704; 1952 (47) 2042; 1954 (48) 1732; 1958 (50) 1634; 1964 (53) 1873; 1965 (54) 600; 1967 (55) 317; 1969 (56) 716; 1995 Act No. 145, Part II, SECTION 76; 2000 Act No. 253, SECTION 3.

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.

SECTION 44-11-30.Establishment, purpose, and admission requirements of South Carolina Veterans Home.

The South Carolina Mental Health Commission, in mutual agreement with the authorities of the United States Veterans Administration, may establish South Carolina veterans homes to be located on grounds owned by the Department of Mental Health. The purpose of these homes is to provide treatment for South Carolina veterans who are mentally ill or whose physical condition requires long-term nursing care. Admission requirements to these homes are the same as any other facility operated by the department except that the patients at these facilities must be South Carolina veterans. The South Carolina Mental Health Commission is designated as the agency of the State to apply for and to accept gifts, grants, and other contributions from the federal government or from any other governmental unit for the operation and construction of South Carolina veterans homes. The South Carolina Mental Health Commission shall consult with the Department of Veterans' Affairs, Office of the Governor, concerning the policies, management, and operation of the South Carolina veterans homes.

HISTORY: 1962 Code SECTION 32-1008; 1969 (56) 215; 1977 Act No. 41 SECTION 1; 1996 Act No. 350, SECTION 1.

Code Commissioner's Note

Pursuant to the directive to the Code Commissioner in 2019 Act No. 26, SECTION 4(C), references to the Division of Veterans' Affairs were changed to reflect the transfer of it to the Department of Veterans' Affairs.

SECTION 44-11-40."South Carolina veterans" defined.

For the purpose of Section 44-11-30 "South Carolina veterans" means any ex-service South Carolina citizen who was discharged under other than dishonorable conditions and who served in any branch of the military or naval service of the United States.

HISTORY: 1962 Code SECTION 32-1009; 1969 (56) 215; 1977 Act No. 41 SECTION 2.

SECTION 44-11-60.Establishment of mental health clinics.

The Department of Behavioral Health and Developmental Disabilities shall establish mental health clinics throughout the State and shall supervise them.

HISTORY: 1962 Code SECTION 32-935; 1952 (47) 2042.

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.

SECTION 44-11-70.Employment and powers of law enforcement officers for facilities.

The Department of Behavioral Health and Developmental Disabilities may employ law enforcement officers as may be necessary to maintain the security of state mental health facilities. The law enforcement officers must be vested with all the powers and charged with all the duties of police officers generally. They may, without warrant, arrest persons guilty of disorderly conduct or of trespass on state mental health facilities and have them tried in any court of competent jurisdiction.

HISTORY: 1962 Code SECTION 32-937; 1952 Code SECTION 32-979; 1942 Code SECTION 6243; 1932 Code SECTION 6243; Civ. C. '22 SECTION 5104; Civ. C. '12 SECTION 3371; Civ. C. '02 SECTION 2260; 1894 (21) 835; 1920 (31) 704; 1952 (47) 2042; 2016 Act No. 227 (H.4124), SECTION 1, eff June 3, 2016.

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.

SECTION 44-11-75.Entering or refusing to leave state mental health facility following warning or request; penalty.

(A) It is unlawful for a person without legal cause or good excuse to enter on the premises of a state mental health facility after having been warned by the facility director or, in his absence, by the director's representative, in writing, within the six months preceding not to enter on the premises.

(B) It is unlawful for a person without legal cause or good excuse to fail or refuse immediately to leave the premises of a state mental health facility upon being ordered or requested to leave by the facility director or, in his absence, by the facility director's representative.

(C) A person violating subsection (A) or (B), upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

(D) A municipal court or magistrate's court has jurisdiction over violations of this section occurring within the respective limits of the municipality or magisterial district.

HISTORY: 1994 Act No. 351, SECTION 1.

SECTION 44-11-110.Easements and rights-of-way on grounds of facilities.

The Department of Behavioral Health and Developmental Disabilities may, by resolution recorded on the minutes of its meetings, grant easements, permits or rights of way on, over or under the grounds of the Office of Mental Health facilities, but none may be granted unless approved in writing by the Attorney General before delivery.

HISTORY: 1962 Code SECTION 32-941; 1952 Code SECTIONS 32-981, 32-982; 1942 Code SECTION 6245; 1932 Code SECTION 6245; Civ. C. '22 SECTION 5107; Civ. C. '12 SECTION 3372; Civ. C. '02 SECTION 2261; 1894 (21) 835; 1920 (31) 704; 1941 (42) 188; 1942 (42) 1685; 1952 (47) 2042.

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.