Current Status Introducing Body:
HouseBill Number: 3072Ratification Number: 60Act Number: 30Primary Sponsor: P. HarrisType of Legislation: GBSubject: Mental health facilities, emergency admissionsCompanion Bill Number: 369Date Bill Passed both Bodies: Apr 04, 1991Computer Document Number: 3072Governor's Action: SDate of Governor's Action: Apr 24, 1991Introduced Date: Jan 08, 1991Last History Body: ------Last History Date: Apr 24, 1991Last History Type: Act No. 30Scope of Legislation: StatewideAll Sponsors: P. Harris Carnell J. Harris Waites Mattos WhipperType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3072 ------ Apr 24, 1991 Act No. 30 3072 ------ Apr 24, 1991 Signed by Governor 3072 ------ Apr 18, 1991 Ratified R 60 3072 Senate Apr 04, 1991 Read third time, enrolled for ratification 3072 Senate Apr 03, 1991 Read second time, notice of general amendments 3072 Senate Apr 02, 1991 Committee Report: Favorable 13 3072 Senate Feb 05, 1991 Introduced, read first time, 13 referred to Committee 3072 House Feb 01, 1991 Read third time, sent to Senate 3072 House Jan 31, 1991 Unanimous consent for third reading on next Legislative day 3072 House Jan 31, 1991 Read second time 3072 House Jan 30, 1991 Committee Report: Favorable 27 3072 House Jan 08, 1991 Introduced and read first 27 time, referred to Committee 3072 House Dec 12, 1990 Prefiled, referred to 27 CommitteeView additional legislative information at the LPITS web site.
(A30, R60, H3072)
AN ACT TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO DECREASE THE TIME REQUIRED FOR A COURT REPORT AND HEARING ON AN EMERGENCY ADMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
Decreased time required for court report and hearing on emergency admission to mental health facilities
SECTION 1. Section 44-17-410(3) of the 1976 Code, as last amended by Act 383 of 1990, is further amended to read:
"(3) Within forty-eight hours after his admission, exclusive of Saturdays, Sundays, and legal holidays, the place of admission shall forward the application and certification to the probate court of the county in which the person resides or where the acts or conduct leading to his hospitalization occurred.
Within forty-eight hours of receipt of the application and certification exclusive of Saturdays, Sundays, and legal holidays, the court shall conduct preliminary review of all the evidence to determine if probable cause exists to continue emergency detention of the patient. If the court finds that probable cause does not exist, it shall issue an order of release for the patient. Upon a finding of probable cause, the court shall make a written order detailing its findings and may order the continued detention of the patient.
With each application and certification, the treatment facility shall provide the court with a designated examiner appointment form listing the names of two designated examiners at the treatment facility.
If the court appoints these two designated examiners, the examination must be performed at the treatment facility and a report must be submitted to the court within seven days from the date of admission. The court may appoint independent designated examiners who shall submit a report to the court within the time allotted above. In the process of examination by the designated examiners, previous hospitalization records must be considered. At least one of the examiners appointed by the court must be a licensed physician.
If the report of the designated examiners is that the patient is not mentally ill, the court shall dismiss the petition and the patient must be discharged immediately by the facility.
If the report of the designated examiners is that the patient is mentally ill, the court may order that the person be detained at the place of his admission, appoint counsel for him if he has not retained counsel, and fix a date for a full hearing to be held pursuant to Section 44-17-570 within fifteen days from the date of his admission. The court shall give notice of the hearing pursuant to Section 44-17-420.
The examiners's report must be available to the person's counsel before the full hearing. The person must be given the opportunity to request an independent designated examiner pursuant to Section 44-17-530."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 24th day of April, 1991.