Current Status Introducing Body:House Bill Number:4394 Primary Sponsor:P. Harris Committee Number:27 Type of Legislation:GB Subject:Community mental health centers, transportation programs Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Companion Bill Number:938 Date Tabled:19940208 Computer Document Number:NO5/7513BDW.94 Introduced Date:19940111 Last History Body:House Last History Date:19940208 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:P. Harris Carnell J. Harris Mattos Rudnick Harvin Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4394 House 19940208 Tabled in Committee 27
4394 House 19940111 Introduced, read first time, 27
referred to Committee
4394 House 19931215 Prefiled, referred to 27
Committee
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TO AMEND SECTION 44-17-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CUSTODY AND TRANSPORT OF PERSONS TO MENTAL HEALTH FACILITIES, SO AS TO AUTHORIZE LOCAL LAW ENFORCEMENT AGENCIES AND DIRECTORS OF COMMUNITY MENTAL HEALTH CENTERS TO ARRANGE AN ALTERNATIVE TRANSPORTATION PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-17-440 of the 1976 Code, as last amended by Act 296 of 1992, is further amended to read:
"Section 44-17-440. The certificate required by Section 44-17-410 must authorize and require a state or local law enforcement officer preferably in civilian clothes, to take into custody and transport the person to the hospital designated by the certification. No person may be taken into custody after the expiration of three days from the date of certification. A friend or relative may transport the individual to the mental health facility designated in the application, if the friend or relative has read and signed a statement on the certificate which clearly states that it is the responsibility of a state or local law enforcement officer to provide timely transportation for the patient and that the friend or relative freely chooses to assume that responsibility. A friend or relative who chooses to transport the patient is not entitled to reimbursement from the State for the cost of the transportation. An officer acting in accordance with this article is immune from civil liability. Upon written agreement between the local law enforcement agencies and the directors of the community mental health centers, an alternative transportation program utilizing peer supporters and case managers may be arranged for nonviolent persons requiring mental health treatment. The agreement clearly must define the responsibilities of each party and the requirements for program participation."
SECTION 2. This act takes effect upon approval by the Governor.