Bill 130

                    Current Status

Bill Number:               130
Ratification Number:       22
Act Number                 15
Introducing Body:          Senate
Subject:                   Involuntary commitment to alcohol and
                           drug abuse facilities

(A15, R22, S130)

AN ACT TO AMEND SECTION 44-52-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE THAT THE COURT, UPON REQUEST, MAY ORDER A PETITIONER FOR THE EMERGENCY COMMITMENT, IF A FAMILY MEMBER, TO COOPERATE WITH AND PARTICIPATE IN THE TREATMENT PROCESS.

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

Involuntary commitment to alcohol and drug abuse facilities

SECTION 1. Section 44-52-110 of the 1976 Code, as last amended by Act 116 of 1987, is further amended to read:

"Section 44-52-110. The individual for whom involuntary commitment is sought and all other persons required to receive notice may be present at the hearing. The court shall hear all relevant testimony, including the results of an examination or investigation required by the court. Counsel for the individual for whom involuntary commitment is sought must be allowed to present evidence and cross-examine witnesses. Opinions of court ordered investigators or examiners may not be admitted into evidence unless the examiner or investigator is present to testify, except by agreement of the parties.

If the court finds, after presentation of all the evidence, that the individual is not a chemically dependent person in need of involuntary commitment, the court shall order that he be discharged if he has been hospitalized before the hearing.

If the court finds by clear and convincing evidence that the individual is a chemically dependent person in need of involuntary commitment and, after careful consideration of reasonable alternative dispositions, including, but not limited to, dismissal of the petition, voluntary outpatient care, or voluntary admission to a treatment facility, finds that there is no suitable alternative to involuntary commitment, the court shall make an order of commitment to the division for inpatient treatment. If the individual, his relatives, spouse, or guardian requests, and the head of the licensed treatment facility consents, the court may order commitment to another licensed treatment facility for inpatient treatment. The court shall not order the commitment to the division unless it determines that the division has a bed available and is able to provide adequate and appropriate treatment for him, and the treatment is likely to be beneficial. Neither the State, a county, nor a municipality is liable for costs of or may be charged for sending an individual to a licensed private treatment facility.

The treatment facility may request that the court, as part of relief ordered in the commitment proceedings, order the petitioner, if a family member, to cooperate with and participate in the treatment process.

Upon order of the court, a law enforcement officer shall deliver the patient to the treatment facility or, if the individual is already at the facility, authorize the facility to retain the patient for the required treatment period. Every patient subject to involuntary commitment by court order must be evaluated and an individualized treatment plan developed by the treatment facility as soon as practicable after admission."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.