A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-23-460, RELATING TO PROCEDURES APPLICABLE TO HOSPITALIZED PERSONS AGAINST WHOM CRIMINAL CHARGES ARE PENDING, SO AS TO AUTHORIZE THE COURT TO ORDER THE OFFICE OF MENTAL HEALTH TO PLACE INDIVIDUALS FOUND UNFIT TO STAND TRIAL IN A SECURE FACILITY UNDER CERTAIN CIRCUMSTANCES.

 

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

 

SECTION 1.  Section 44-23-460(1) of the S.C. Code is amended to read:

 

    (1) if upon the completion of the hearing, the court finds the person unfit to stand trial, it shall order his release from the hospital; provided, however, if such a person has not been hospitalized for a period of time exceeding the maximum possible period of imprisonment to which the person could have been sentenced if convicted as charged, and if the State establishes that the person is a danger to the community if released, the court shall direct the Office of Mental Health to place the person in a secure facility; and

 

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

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