Bill > H4689

This bill amends South Carolina law regarding individuals found unfit to stand trial by modifying the existing procedure for their release from the hospital. Currently, when a person is determined to be unfit to stand trial, they are typically released from the hospital. Under the proposed changes, if the person has not been hospitalized longer than the maximum potential prison sentence for their alleged crime, and the State can demonstrate that the individual poses a danger to the community, the court can now direct the Office of Mental Health to place the person in a secure facility instead of releasing them. This modification allows for additional public safety considerations when dealing with defendants whose mental fitness prevents them from participating in their own criminal trial, potentially keeping potentially dangerous individuals in a controlled environment even if they cannot be prosecuted. The bill would take effect immediately upon the Governor's approval.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=4689&session=126&summary=B