South Carolina General Assembly
111th Session, 1995-1996

Bill 4577


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       4577
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19960207
Primary Sponsor:                   Tucker
All Sponsors:                      Tucker, R. Smith, Shissias,
                                   Stuart, Robinson and J. Young 
Drafted Document Number:           dka\3498cm.96
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Mental health examiner, capacity
                                   to stand trial



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960207  Introduced, read first time,             25 HJ
                  referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 44-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF A PERSON'S CAPACITY TO STAND TRIAL, SO AS TO PROVIDE THAT THE PROSECUTING OFFICER MAY DESIGNATE A THIRD EXAMINER TO BE INVOLVED IN CERTAIN EXAMINATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 44-23-410(2) of the 1976 Code, as last amended by Section 1086, Act 181 of 1993, is further amended to read:

"(2) order the person committed for examination and observation to an appropriate facility of the Department of Mental Health or the Department of Disabilities and Special Needs for a period not to exceed fifteen days. If at the end of fifteen days the examiners have been unable to determine whether the person is fit to stand trial, the director of the facility shall request in writing an additional period for observation not to exceed fifteen days. The prosecuting officer also may designate a third examiner to be involved in this examination. If the person or his counsel requests, the person may be examined additionally by a designated examiner of his choice. The report of the examination is admissible as evidence in subsequent hearings pursuant to Section 44-23-430. However, the court may prescribe the time and conditions under which the independent examination is conducted. If the examiners designated by the Department of Mental Health find indications of mental retardation or a related disability but not mental illness, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is `not mentally ill' and recommend that the person should be evaluated for competency to stand trial by the Department of Disabilities and Special Needs. If the examiners designated by the Department of Disabilities and Special Needs find indications of mental illness but not mental retardation or a related disability, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does `not have mental retardation or a related disability' and recommend that the person should be evaluated for competency to stand trial by the Department of Mental Health. If either the Department of Mental Health or the Department of Disabilities and Special Needs finds a preliminary indication of a dual diagnosis of mental illness and mental retardation or a related disability, this preliminary finding must be reported to the court with the recommendation that one examiner from the Department of Mental Health and one examiner from the Department of Disabilities and Special Needs be designated to further evaluate the person and render a final report on his mental capacity."

SECTION 2. This act takes effect upon approval by the Governor.

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