South Carolina General Assembly
103rd Session, 1979-1980

Bill 980

                    Current Status

Bill Number:               980
Ratification Number:       543
Act Number                 459
Introducing Body:          Senate
Subject:                   Relating to the reconfinement of mental
                           health patients who leave without
                           permission
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.