The bill H. 3051 seeks to amend Section 44-23-430 of the South Carolina Code of Laws, which pertains to hearings on a person's fitness to stand trial. The proposed changes require the circuit court to order inpatient treatment for individuals deemed unfit to stand trial under specific circumstances. If a person is found unfit and unlikely to become fit in the foreseeable future, the solicitor must initiate judicial admission proceedings within fourteen days, and the court is mandated to order inpatient treatment at a designated mental health facility. Additionally, if a person is unfit but likely to become fit, the court will order restoration treatment for up to 180 days, with provisions for treatment in either a hospital or detention facility, depending on the individual's circumstances.

The bill also clarifies the procedures for individuals who remain unfit after the restoration treatment period, requiring the solicitor to initiate judicial admission proceedings within the same fourteen-day timeframe. The amendments emphasize the importance of timely mental health treatment for individuals involved in the criminal justice system, ensuring that those who are unfit to stand trial receive appropriate care while also addressing their legal status. The act will take effect upon approval by the Governor.

Statutes affected:
12/05/2024: 44-23-430
Latest Version: 44-23-430
12/06/2024: 44-23-430