Current Status Introducing Body:
SenateBill Number: 938Ratification Number: 295Act Number: 290Primary Sponsor: BryanType of Legislation: GBSubject: Community mental health facilities, transportation programCompanion Bill Number: 4394Date Bill Passed both Bodies: 19940211Computer Document Number: NO5/7519BDW.94Governor's Action: SDate of Governor's Action: 19940301Introduced Date: 19940111Date of Last Amendment: 19940201Last History Body: ------Last History Date: 19940301Last History Type: Signed by GovernorScope of Legislation: StatewideAll Sponsors: Bryan Washington Giese HayesType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 938 ------ 19940301 Signed by Governor 938 ------ 19940301 Act No. 290 938 ------ 19940224 Ratified R 295 938 House 19940211 Read third time, enrolled for ratification 938 House 19940210 Read second time, unanimous consent for third reading on next Legislative day 938 House 19940209 Committee Report: Favorable 27 938 House 19940203 Introduced, read first time, 27 referred to Committee 938 Senate 19940202 Read third time, sent to House 938 Senate 19940201 Amended, read second time 938 Senate 19940127 Committee Report: Favorable 13 with amendment 938 Senate 19940111 Introduced, read first time, 13 referred to Committee 938 Senate 19931220 Prefiled, referred to 13 CommitteeView additional legislative information at the LPITS web site.
(A290, R295, S938)
AN ACT 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, LOCAL GOVERNING BODIES, AND DIRECTORS OF COMMUNITY MENTAL HEALTH CENTERS TO ARRANGE AN ALTERNATIVE TRANSPORTATION PROGRAM FOR NONVIOLENT PERSONS REQUIRING MENTAL HEALTH TREATMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Transportation of nonviolent persons requiring mental health treatment
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 entering a written agreement between the local law enforcement agency, the governing body of the local government, 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.
Approved the 1st day of March, 1994.