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COMMITTEE REPORT
May 22, 2002
H. 3049
Introduced by Reps. Campsen, Altman, Simrill, Cotty and Knotts
S. Printed 5/22/02--S.
Read the first time March 12, 2002.
To whom was referred a Bill (H. 3049) to amend Section 17-24-40, Code of Laws of South Carolina, 1976, relating to commitment of a defendant found not guilty by reason of insanity, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 27, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Section 17-24-40 of the 1976 Code is amended to read:
"Section 17-24-40. (A) In the event a verdict of 'not guilty by reason of insanity' is returned, the trial judge shall must order the defendant person who was the defendant committed to the South Carolina State Hospital for a period not to exceed one hundred twenty days. During that time, an examination shall must be made of the defendant person to determine the need for hospitalization of the defendant person pursuant to the standards set forth in Section 44-17-580 of the 1976 Code.
(B) A report of the findings shall must be made to the chief administrative judge of the circuit in which the trial was held, the solicitor, the defendant person, and the defendant's person's attorney.
(C)(1) Within fifteen days after receipt of this report by the court, the chief administrative judge of the circuit in which the trial
was held shall must hold a hearing to decide whether the defendant person should be hospitalized pursuant to the standard of Section 44-17-580 of the 1976 Code.
(2)(a) If the chief administrative judge finds the defendant person not to be in need of hospitalization, he the judge may order the defendant person released upon such terms or conditions, if any, as he shall deem the judge considers appropriate for the safety of the community and the well-being of the defendant person.
(b) In the event the chief administrative judge finds the defendant person to be in need of hospitalization, he shall the judge must order him the person committed to the South Carolina State Hospital.
(c) If at a later date it is determined by officials of the State Hospital that the defendant person is no longer in need of hospitalization, they shall the officials must notify the chief administrative judge, the solicitor, the defendant person, and the defendant's person's attorney. Within twenty-one days after the receipt of this notice, the chief administrative judge, upon notice to all parties, shall must hold a hearing to determine whether the defendant person is in need of continued hospitalization pursuant to the standard of Section 44-17-580 of the 1976 Code. If the finding of the court is that the defendant person is in need of continued hospitalization, it shall the court must order his continued confinement. If it's the court's finding is that the defendant person is not in need of continued hospitalization, it may order the defendant person released upon such terms and conditions, if any, as the chief administrative judge shall deem considers appropriate for the safety of the community and the well-being of the defendant person.
(D) Any terms and conditions imposed by the chief administrative judge shall must be therapeutic in nature, not punitive. Therapeutic terms shall must include, but not be limited to, requirements that the defendant person:
(1) continue taking medication for an indefinite time and verify in writing the use of medication;
(2) receive periodic examinations and reviews by psychiatric personnel; and
(3) report periodically to the probation office for an evaluation of his reaction to his environment and his general welfare.
(E) The chief administrative judge of the circuit in which the trial was held shall at all times have has jurisdiction over the defendant person for the purposes of this chapter.
(F) If a person is committed to the supervision of the Department of Mental Health pursuant to this section after having been found not guilty by reason of insanity of a violent crime, the person may not leave the facility or grounds to which he is committed at any time unless accompanied by an employee of the department who must be responsible for and in the physical presence of the person at all times. For purposes of this section, a violent crime includes those offenses described in Section 16-1-60 and the common law offense of assault and battery of a high and aggravated nature." /
Renumber sections to conform.
Amend title to conform.
ROBERT L. WALDREP, JR. for Committee.
TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE SOUTH CAROLINA STATE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT CRIME" FOR THIS PURPOSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-24-40 of the 1976 Code is amended by adding at the end:
"(F) If a defendant or patient is committed to the supervision of the Department of Mental Health pursuant to this section after having been found not guilty by reason of insanity of a violent crime, the defendant or patient may not leave the facility or grounds to which he is committed at any time unless accompanied by an employee of the department who must be responsible for and in the physical presence of the defendant or patient at all times. For purposes of this section, a violent crime includes those offenses described in Section 16-1-60 and the common law offense of assault and battery of a high and aggravated nature."
SECTION 2. This act takes effect upon approval by the Governor.
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