South Carolina Legislature


 

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S*980
Session 103 (1979-1980)


S*0980(Rat #0543, Act #0459 of 1980)  General Bill, By H. Rubin, W.W. Doar, 
E.J. Patterson and T.E. Smith
 A Bill to amend Section 44-17-870, 1976 Code, as amended, relating to the
 reconfinement of mental health patients who leave without permission, so as to
 provide for the return of such patients without a court order and to provide
 that such absences be reported to law enforcement officials.-at

   03/19/80  Senate Introduced and read first time SJ-99
   03/19/80  Senate Referred to Committee on Medical Affairs SJ-99
   04/01/80  Senate Committee report: Favorable Medical Affairs SJ-7
   04/10/80  Senate Read second time SJ-24
   04/15/80  Senate Read third time and sent to House SJ-10
   04/16/80  House  Introduced and read first time HJ-2099
   04/16/80  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-2099
   05/20/80  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs
                     HJ-2921
   05/27/80  House  Amended HJ-3169
   05/27/80  House  Read second time HJ-3170
   05/28/80  House   READ THIRD TIME HJ-3236
   05/28/80  House  Returned HJ-3236
   05/28/80  Senate Concurred in House amendment and enrolled SJ-7
   05/29/80  Senate Ratified R 543 SJ-83
   05/30/80         Signed By Governor
   05/30/80         Effective date 05/30/80
   05/30/80         Act No. 459
   06/17/80         Copies available



(A459, R543, S980)

AN ACT TO AMEND SECTION 44-17-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE RECONFINEMENT OF MENTAL HEALTH PATIENTS WHO LEAVE WITHOUT PERMISSION, SO AS TO PROVIDE FOR THE RETURN OF SUCH PATIENTS WITHOUT A COURT ORDER AND TO PROVIDE THAT SUCH ABSENCES BE REPORTED TO LAW ENFORCEMENT OFFICIALS.

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

Involuntary commitment

Section 1. Section 44-17-870 of the 1976 Code, as last amended by Section 19 of Act 99 of 1977, is further amended to read:

"Section 44-17-870. If any patient involuntarily committed to a facility under the jurisdiction of the Department of Mental Health is absent without proper authorization any officer of the peace or employee of the Department appointed pursuant to Section 44-11-70 may, upon the request of the facility superintendent or director or his designee and without the necessity of a warrant or a court order, take the patient into custody and return him to a facility designated by the Department. No person shall be reconfined pursuant to this section after being continuously absent from the jurisdiction of the Department for at least one year unless criminal charges are still pending against him or unless he was committed to a facility of the Department pursuant to Section 44-23-610."

Department to notify appropriate officials

Section 2. If any person involuntarily committed to a facility under the jurisdiction of the Department of Mental Health is absent without proper authorization, the Department shall immediately notify by telephone the appropriate state and local law enforcement officials of such absence. Such notice shall also be confirmed in writing and mailed to such law enforcement officials within twenty-four hours after the absence is discovered.

Time effective

Section 3. This act shall take effect upon approval by the Governor.




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