H 4106 General Bill, By P.B. Harris, Carnell, J.L. Harris and J.G. Mattos
 A Bill to amend Section 44-17-630, Code of Laws of South Carolina, 1976,
 relating to the right of a patient who has been judicially committed to the
 State Department of Mental Health to be reexamined, so as to provide that
 notice of this right must be provided every six months instead of annually and
 to provide that a hearing on a petition for reexamination is not required to
 be held if less than three months have elapsed since a previous hearing on a
 petition for reexamination.

   01/14/92  House  Introduced and read first time HJ-182
   01/14/92  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-183
   03/04/92  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-7
   03/19/92  House  Debate adjourned until Tuesday, March 24, 1992 HJ-2
   03/24/92  House  Debate adjourned until Wednesday, March 25, 1992 HJ-25
   03/25/92  House  Debate adjourned until Wednesday, April 1, 1992 HJ-26
   04/01/92  House  Debate adjourned until Wednesday, April 8, 1992 HJ-16
   04/02/92  House  Reconsider vote whereby debate adjourned until
                     Wednesday, April 8, 1992 HJ-19
   04/02/92  House  Tabled HJ-19

COMMITTEE REPORT

March 4, 1992

H. 4106

Introduced by REPS. P. Harris, Carnell, J. Harris and Mattos

S. Printed 3/4/92--H.

Read the first time January 14, 1992.

To whom was referred a Bill (H. 4106), to amend Section 44-17-630, Code of Laws of South Carolina, 1976, relating to the right of a patient who has been judicially committed, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

DAVE C. WALDROP, JR., for Committee.

1. Estimated Cost to State-First Year $-0-

2. Estimated Cost to State-Annually

Thereafter $-0-

H. 4106 amends Section 44-17-630 of the 1976 Code of Laws of South Carolina relating to the rights of a patient who has been judicially committed to the State Department of Mental Health to be reexamined. The bill provides that, after the first six months of hospitalization, notice of the right to reexamination must be given every six months rather than annually as required previously. While this represents an increase in workload, the Department of Mental Health indicates that the increase is absorbable without additional staff. Accordingly, enactment of H. 4106, as written, will have no fiscal impact on the General Fund.

Prepared By: Approved By:

Aaron Krute George N. Dorn, Jr.

State Budget Analyst State Budget Division

A BILL

TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 44-17-630 of the 1976 Code is amended to read:

"Section 44-17-630. Any A patient shall be is entitled to a reexamination on his the patient's own petition or that of any other interested person to the probate court of the county from which he the patient was admitted. The treatment facility shall inform every patient and at least one other interested person of his this right to petition for reexamination. The notice Notice of this right shall must be given in writing upon admission to the hospital, and once during the first six months of hospitalization, and annually every six months thereafter during the treatment of the patient. If no spouse, parent, legal guardian, or other interested person is known to exist, documentation in the patient's record of this finding will be deemed to be in is considered compliance with the notice requirement to notify such persons of this section.

Upon receipt of the petition the court shall conduct proceedings in accordance with this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, and Chapter 27, except that the proceedings shall may not be required to be conducted if the petition is filed sooner than six months after the issuance of the order for treatment or sooner than six three months after the holding of a hearing pursuant to this section. The costs shall must be borne by the petitioner unless the court determines that he the petitioner cannot afford such these costs."

SECTION 2. This act takes effect upon approval by the Governor.