H*2064 Session 105 (1983-1984)
H*2064(Rat #0458, Act #0396 of 1984) General Bill, By Wilkins, R.L. Altman,
J.F. Anderson, W.S. Anderson, D. Blackwell, S. Blatt, J.D. Bradley,
P.T. Bradley, T.A. Brett, D.M. Bruce, T.M. Burriss, Carnell, R.L. Cobb,
V.L. Crocker, C.M. Dangerfield, T.J. Ervin, P. Evatt, P. Freeman, H.C. Granger,
J.V. Gregory, M.S. Gulledge, J.L. Harris, D.O. Hawkins, J.C. Hearn,
L.I. Hendricks, B.E. Huff, T.E. Huff, T.L. Hughston, H.H. Keyserling,
J.E. Kinard, Kirsh, J.R. Klapman, E.S. Lake, W.R. Lee, T.M. Marchant, Martin,
R.N. McLellan, E.M. Middleton, L. Phillips, A.V. Rawl, I.K. Rudnick,
R. Schwartz, D. Sheppard, E.W. Simpson, J.J. Snow, D.C. Waldrop, M.H. Westbrook and
D.E. Winstead
A Bill to provide in criminal cases for the verdict of "Guilty but Mentally
Ill", to define the meaning and requirements of such verdict, to establish
certain procedures to be followed by the court in regard thereto, and to
provide for a statutory verdict of not guilty by reason of insanity and
certain procedures to be followed by the court in regard thereto.
12/06/82 House Prefiled
12/06/82 House Referred to Committee on Judiciary
01/11/83 House Introduced and read first time HJ-192
01/11/83 House Referred to Committee on Judiciary HJ-193
02/02/83 House Committee report: Favorable with amendment
Judiciary HJ-581
02/08/83 House Amended HJ-717
02/08/83 House Read second time HJ-718
02/09/83 House Read third time and sent to Senate HJ-763
02/09/83 Senate Introduced and read first time SJ-354
02/09/83 Senate Referred to Committee on Judiciary SJ-354
04/05/84 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-1317
04/25/84 Senate Amended SJ-1525
04/25/84 Senate Read second time SJ-1525
04/26/84 Senate Read third time SJ-1568
04/26/84 Senate Returned SJ-1568
05/01/84 House Non-concurrence in Senate amendment HJ-2786
05/03/84 Senate Senate insists upon amendment and conference
committee appointed Sens. Holland, Rushing, and
Leatherman SJ-1661
05/08/84 House Conference committee appointed Reps. Wilkins, J.
Anderson & Ervin HJ-2909
05/10/84 House Conference report received HJ-3038
05/10/84 House Conference report adopted HJ-3042
05/10/84 Senate Conference report received SJ-1741
05/10/84 Senate Conference report adopted SJ-1745
05/10/84 House Ordered enrolled for ratification HJ-3047
05/15/84 Ratified R 458
05/16/84 Signed By Governor
05/16/84 Effective date 05/16/84
05/16/84 Act No. 396
06/04/84 Copies available
(A396, R458, H2064)
AN ACT TO PROVIDE IN CRIMINAL CASES FOR THE VERDICT OF "GUILTY BUT
MENTALLY ILL", TO DEFINE THE MEANING AND REQUIREMENTS OF SUCH VERDICT, TO
ESTABLISH CERTAIN PROCEDURES TO BE FOLLOWED BY THE COURT IN REGARD THERETO, AND
TO PROVIDE FOR A STATUTORY VERDICT OF NOT GUILTY BY REASON OF INSANITY AND
CERTAIN PROCEDURES TO BE FOLLOWED BY THE COURT IN REGARD THERETO.
Be it enacted by the General Assembly of the State of South Carolina:
Affirmative defense
SECTION 1. (A) It shall be an affirmative defense to a prosecution for a crime
that, at the time of the commission of the act constituting the offense, the
defendant, as a result of mental disease or defect, lacked the capacity to
distinguish moral or legal right from moral or legal wrong and to recognize the
particular act charged as morally or legally wrong.
(B) The defendant has the burden of proving the defense of insanity by a
preponderance of the evidence.
(C) Evidence of a mental disease or defect that is manifested only by repeated
criminal or other antisocial conduct is not sufficient to establish the defense
of insanity.
Guilty but mentally ill
SECTION 2. (A) A defendant is guilty but mentally ill if, at the time of the
commission of the act constituting the offense, he had the capacity to
distinguish right from wrong and to recognize his act as being wrong as defined
in Section 1(A), but because of mental disease or defect he lacked sufficient
capacity to conform his conduct to the requirements of the law.
(B) To return a verdict of "guilty but mentally ill" the burden of
proof shall be upon the State to prove beyond a reasonable doubt
to the trier of fact that the defendant committed the crime and the burden of
proof shall be upon the defendant to prove by a preponderance of the evidence
that when he committed the crime he was mentally ill as defined in Section 2(A).
(C) The verdict of guilty but mentally ill may be rendered only during the
phase of a trial which determines guilt or innocence and is not a form of verdict
which may be rendered in the penalty phase of the trial if a trial has a penalty
phase.
Trier of fact to find
SECTION 3. In a prosecution for a crime when the affirmative defense of insanity
is sufficiently raised by the defendant, or when sufficient evidence of a mental
disease or defect of the defendant is admitted into evidence, the trier of fact
shall find under the applicable law, and the verdict shall so state, whether the
defendant is :
(1) Guilty;
(2) Not guilty;
(3) Not guilty by reason of insanity; or
(4) Guilty but mentally ill.
Defendant must be committed
SECTION 4. (A) In the event a verdict of "not guilty by reason of
insanity" is returned, the trial judge shall order the defendant committed
to the South Carolina State Hospital for a period not to exceed one hundred
twenty days. During that time an examination shall be made of the defendant to
determine the need for hospitalization of the defendant pursuant to the standards
set forth in Section 44-17-580 of the 1976 Code.
(B) A report of the findings shall be made to the chief administrative judge
of the circuit in which the trial was held, the solicitor, the defendant, and the
defendant's attorney.
(C) (1) Within fifteen days after receipt of this report by the court, the
chief administrative judge of the circuit in which the trial was held shall hold
a hearing to decide whether the defendant should be hospitalized pursuant to the
standard of Section 44-17-580 of the 1976 Code.
(2) (a) If the chief administrative judge finds the defendant not to be in
need of hospitalization, he may order the defendant released upon such terms or
conditions, if any, as he shall deem appropriate for the safety of the community
and the well-being of the defendant.
(b) In the event the chief administrative judge finds the defendant to be in
need of hospitalization, he shall order him committed to the South Carolina State
Hospital.
(c) If at a later date it is determined by officials at the State Hospital
that the defendant is no longer in need of hospitalization, they shall notify the
chief administrative judge, the solicitor, the defendant, and the defendant's
attorney. Within twenty-one days after the receipt of this notice the chief
administrative judge, upon notice to all parties, shall hold a hearing to
determine whether the defendant is in need of continued hospitalization pursuant
to the standard of Section 44-17-580 of the 1976 Code. If the finding of the
court is that the defendant is in need of continued hospitalization, it shall
order his continued confinement. If its finding is that the defendant is not in
need of
continued hospitalization, it may order the defendant released upon such terms
and conditions, if any, as the chief administrative judge shall deem appropriate
for the safety of the community and the well-being of the defendant.
(D) Any terms and conditions imposed by the chief administrative judge shall
be therapeutic in nature, not punitive. Therapeutic terms shall include, but not
be limited to, requirements that the defendant:
(1) continue taking medication for an indefinite time and verify in writing
the use of medication;
(2) receive periodic examinations and reviews by psychiatric personnel;
(3) report periodically to the probation office for an evaluation of his
reaction to his environment and his general welfare.
(E) The chief administrative judge of the circuit in which the trial was held
shall at all times have jurisdiction over the defendant for the purposes of this
act.
Length of confinement or being under supervision
SECTION 5. In no case shall a defendant found not guilty by reason of insanity
be confined or be under supervision longer than the maximum sentence for the
crime with which he was charged without full civil commitment proceedings being
held.
Defendant's attorney may petition
SECTION 6. Two years from the date of commitment the defendant's attorney may
petition the chief administrative judge to be relieved as counsel.
Sentencing
SECTION 7. In the event a verdict is returned or a plea is accepted of
"guilty but mentally ill" the defendant shall be sentenced by the trial
judge as provided by law for a defendant found guilty, however:
(A) If the sentence imposed upon the defendant includes the incarceration of
the defendant, the defendant shall first be taken to a facility designated by the
Department of Corrections for treatment and retained there until in the opinion
of the staff at that facility the defendant may safely be moved to the general
population of the Department of Corrections to serve the remainder of his
sentence;
(B) If the sentence includes a probationary sentence, the judge shall have
authority to impose such conditions and restrictions upon the release of the
defendant as the judge shall deem necessary for the safety of the defendant and
of the community.
Release of defendant
SECTION 8. (A) Should a defendant be released pursuant to Section 4(C)(2)(a),
Section 4(C)(2)(c), or Section 7(B) herein, the solicitor shall immediately
notify the local probation office and it shall then be the responsibility of the
probation office to monitor compliance by the defendant of the terms and
conditions of his release.
(B) The probation office shall file reports quarterly or more often, if
necessary, of the defendant's compliance with the terms of his release with the
circuit solicitor, the chief administrative judge of the circuit, the defendant's
attorney, and the defendant.
(C) In the event the defendant violates any of the terms of his release,
notice of the violation shall be immediately given by the probation office to the
chief administrative judge of the circuit, the circuit solicitor, the defendant's
attorney, and the defendant. Upon the receipt of the notice the chief
administrative judge, upon notice to all parties, may order a hearing and order
in-patient treatment if he finds the defendant in need of hospitalization
pursuant to the standard of Section 44-17-580 of the 1976 Code, or order such
other action as he may deem appropriate.
Act not to abbrogate common law
SECTION 9. This act shall abrogate the common law in its entirety as it relates
to insanity as a defense to the commission of a crime or of an element thereof.
Time effective
SECTION 10. This act shall take effect upon approval by the Governor. |