Current Status Introducing Body:
SenateBill Number: 59Primary Sponsor: BryanCommittee Number: 13Type of Legislation: GBSubject: Correctional facility transfers, provisions deletedResiding Body: SenateCurrent Committee: Medical AffairsCompanion Bill Number: 3215Computer Document Number: 436/12790AC.93Introduced Date: 19930112Last History Body: SenateLast History Date: 19930112Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: BryanType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 59 Senate 19930112 Introduced, read first time, 13 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 44-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING PERSONS TO MENTAL HEALTH OR MENTAL RETARDATION FACILITIES, SO AS TO DELETE PROVISIONS RELATING TO TRANSFERS FROM CORRECTIONAL INSTITUTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-23-210 of the 1976 Code is amended to read:
"Section 44-23-210. A person confined in a state institution or a person confined in a state or private mental health facility or mental retardation facility may be transferred to another mental health or mental retardation facility if:
(1) the superintendent of any a state institution not under the jurisdiction of the Department of Mental Health or the superintendent director of any a treatment facilities facility under the jurisdiction of the Department of Mental Health requests the admission of any a person confined therein there to a state mental health facility if the person is suspected of being mentally ill. If, after full examination by two designated examiners, one of whom shall must be a licensed physician, the superintendent director of the mental health facility is of the opinion that the person is mentally ill, he the director shall notify the superintendent of the institution from or the director of the facility to which the person was admitted who in turn shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610.;
(2) The superintendent of a State correctional institution applies to have a person serving a sentence transferred to the portion of a State correctional institution designated as a facility of the Department of Mental Health or of the Mental Retardation Department. Such application shall be filed with the probate court of the county in which the correctional institution is located. Proceedings shall be commenced pursuant to SS 44-17-510 through 44-17-610 or S 44-21-90.
(3) Prior to the expiration of a sentence of any person who is imprisoned in any portion of a State correctional institution designated as a facility of the Department of Mental Health or the Mental Retardation Department, the superintendent of the correctional institution believes that such person is mentally ill and there is a likelihood of serious harm to himself or others if returned to society, he shall commence proceedings in the probate court of the county where the person was last sentenced, pursuant to SS 44-17-510 through 44-17-610 or S 44-21-90.
(4) (2) the superintendent director of the a facility in which the patient resides determines that it would be consistent with the medical needs of the person to do so, the Department of Mental Health may transfer or authorize the transfer of any the patient from one facility to another. If the transfer is from a less restricted facility to a substantially more secure facility and the patient objects to the transfer, a hearing to give the patient a reasonable opportunity to contest the evidence against him shall transfer must be held pursuant to Sections 44-17-540 through 44-17-570. When a patient is transferred, written notice shall must be given to his the patient's legal guardian, attorney, parents or spouse or, if none be known, to his the patient's nearest known relative or friend. This section shall may not be construed to apply to transfers of a patient within a mental health facility.; or
(5) (3) if the legal guardian, parent, spouse or, relative, or friend of an involuntary patient submits a request for the transfer of the patient from one facility to another and his the reasons for desiring the transfer to the Department of Mental Health and unless the Department of Mental Health reasonably determines that it would be inconsistent with the medical needs of the person, the transfer shall must be made. If the transfer is from a less restricted to a substantially more secure facility, the provisions of paragraph (4) of this section shall govern item (2) governs."
SECTION 2. This act takes effect upon approval by the Governor.