South Carolina General Assembly
109th Session, 1991-1992

Bill 3072


                    Current Status

Introducing Body:               House
Bill Number:                    3072
Ratification Number:            60
Act Number:                     30
Primary Sponsor:                P. Harris
Type of Legislation:            GB
Subject:                        Mental health facilities, emergency
                                admissions
Companion Bill Number:          369
Date Bill Passed both Bodies:   Apr 04, 1991
Computer Document Number:       3072
Governor's Action:              S
Date of Governor's Action:      Apr 24, 1991
Introduced Date:                Jan 08, 1991
Last History Body:              ------
Last History Date:              Apr 24, 1991
Last History Type:              Act No. 30
Scope of Legislation:           Statewide
All Sponsors:                   P. Harris
                                Carnell
                                J. Harris
                                Waites
                                Mattos
                                Whipper
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3072  ------  Apr 24, 1991  Act No. 30
 3072  ------  Apr 24, 1991  Signed by Governor
 3072  ------  Apr 18, 1991  Ratified R 60
 3072  Senate  Apr 04, 1991  Read third time, enrolled for
                             ratification
 3072  Senate  Apr 03, 1991  Read second time, notice of
                             general amendments
 3072  Senate  Apr 02, 1991  Committee Report: Favorable     13
 3072  Senate  Feb 05, 1991  Introduced, read first time,    13
                             referred to Committee
 3072  House   Feb 01, 1991  Read third time, sent to
                             Senate
 3072  House   Jan 31, 1991  Unanimous consent for third
                             reading on next Legislative
                             day
 3072  House   Jan 31, 1991  Read second time
 3072  House   Jan 30, 1991  Committee Report: Favorable     27
 3072  House   Jan 08, 1991  Introduced and read first       27
                             time, referred to Committee
 3072  House   Dec 12, 1990  Prefiled, referred to           27
                             Committee

View additional legislative information at the LPITS web site.


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

(A30, R60, H3072)

AN ACT TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO DECREASE THE TIME REQUIRED FOR A COURT REPORT AND HEARING ON AN EMERGENCY ADMISSION.

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

Decreased time required for court report and hearing on emergency admission to mental health facilities

SECTION 1. Section 44-17-410(3) of the 1976 Code, as last amended by Act 383 of 1990, is further amended to read:

"(3) Within forty-eight hours after his admission, exclusive of Saturdays, Sundays, and legal holidays, the place of admission shall forward the application and certification to the probate court of the county in which the person resides or where the acts or conduct leading to his hospitalization occurred.

Within forty-eight hours of receipt of the application and certification exclusive of Saturdays, Sundays, and legal holidays, the court shall conduct preliminary review of all the evidence to determine if probable cause exists to continue emergency detention of the patient. If the court finds that probable cause does not exist, it shall issue an order of release for the patient. Upon a finding of probable cause, the court shall make a written order detailing its findings and may order the continued detention of the patient.

With each application and certification, the treatment facility shall provide the court with a designated examiner appointment form listing the names of two designated examiners at the treatment facility.

If the court appoints these two designated examiners, the examination must be performed at the treatment facility and a report must be submitted to the court within seven days from the date of admission. The court may appoint independent designated examiners who shall submit a report to the court within the time allotted above. In the process of examination by the designated examiners, previous hospitalization records must be considered. At least one of the examiners appointed by the court must be a licensed physician.

If the report of the designated examiners is that the patient is not mentally ill, the court shall dismiss the petition and the patient must be discharged immediately by the facility.

If the report of the designated examiners is that the patient is mentally ill, the court may order that the person be detained at the place of his admission, appoint counsel for him if he has not retained counsel, and fix a date for a full hearing to be held pursuant to Section 44-17-570 within fifteen days from the date of his admission. The court shall give notice of the hearing pursuant to Section 44-17-420.

The examiners's report must be available to the person's counsel before the full hearing. The person must be given the opportunity to request an independent designated examiner pursuant to Section 44-17-530."

Time effective

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

Approved the 24th day of April, 1991.