Current Status Bill Number:133 Ratification Number:116 Act Number:52 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Hayes All Sponsors:Hayes Drafted Document Number:council\legis\bills\pt\2637cm.97 Date Bill Passed both Bodies:19970515 Date of Last Amendment:19970513 Governor's Action:S Date of Governor's Action:19970605 Subject:Disabilities and Special Needs Department, involuntary admission to; solicitor may initiate proceeding in courts
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19970619 Act No. A52 ------ 19970605 Signed by Governor ------ 19970604 Ratified R116 Senate 19970515 Concurred in House amendment, enrolled for ratification House 19970514 Read third time, returned to Senate with amendment House 19970513 Amended, read second time House 19970507 Committee report: Favorable 25 HJ House 19970417 Introduced, read first time, 25 HJ referred to Committee Senate 19970416 Read third time, sent to House Senate 19970415 Read second time Senate 19970415 Committee amendment adopted Senate 19970410 Committee report: Favorable with 13 SMA amendment Senate 19970114 Introduced, read first time, 13 SMA referred to CommitteeView additional legislative information at the LPITS web site.
(A52, R116, S133)
AN ACT TO AMEND SECTION 44-20-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVOLUNTARY ADMISSION OF A PERSON TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO PROVIDE THAT A SOLICITOR OR AN ASSISTANT SOLICITOR RESPONSIBLE FOR THE CRIMINAL PROSECUTION MAY INITIATE A PROCEEDING FOR INVOLUNTARY ADMISSION OF A PERSON IN PROBATE OR FAMILY COURT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-23-430, RELATING TO A HEARING ON FITNESS TO STAND TRIAL, SO AS TO CHANGE A REFERENCE IN THE SECTION PERTAINING TO JUDICIAL ADMISSION PROCEEDINGS.
Be it enacted by the General Assembly of the State of South Carolina:
Involuntary admission
SECTION 1. Section 44-20-450(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) Proceedings for the involuntary admission of a person with mental retardation or a related disability to the services of the department may be initiated by the filing of a verified petition with the probate or the family court by:
(1) the spouse;
(2) a relative;
(3) the parents;
(4) a parent with legal custody;
(5) the legal guardian of the person;
(6) the person in charge of a public or private institution in which the individual is residing at the time;
(7) the director of the county department of social services of the county in which the person resides; or
(8) a solicitor or an assistant solicitor responsible for the criminal prosecution pursuant to Section 44-23-430(2).
Upon filing of the petition, the judge shall set a date for a hearing on it and ensure that the client has an attorney who represents him. The parents, parent with legal custody, spouse, guardian, or nearest known relative of the person alleged to have mental retardation or a related disability and in whose behalf the petition has been made and in the discretion of the court, the individual alleged to have mental retardation or a related disability and the department must be served by the court with a written notice of the time and place of the hearing, together with a written statement of the matters stated in the petition. If no parent, spouse, legal guardian, or known relative of the person alleged to have mental retardation or a related disability is found, the court shall appoint a guardian ad litem to represent the person alleged to have mental retardation or a related disability, and the notice must be served upon the guardian. If the parent, spouse, guardian, or known relative of the person alleged to have mental retardation or a related disability is found, he must be notified of the right to an attorney at the hearing."
Hearing
SECTION 2. Section 44-23-430(2) of the 1976 Code is amended to read:
"(2) The person is unfit to stand trial for the reasons set forth in Section 44-23-410 and is unlikely to become fit to stand trial in the foreseeable future, the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Section 44-20-450 within sixty days during which time the court shall order him hospitalized; or"
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 5th day of June, 1997.