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. |