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 court must order their hospitalization at a mental health facility designated by the Department of Mental Health. Additionally, if a person is unfit but likely to become fit, the court will mandate 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 initiating judicial admission proceedings if a person remains unfit after the restoration treatment period. The solicitor responsible for the prosecution is required to initiate these proceedings within fourteen days, ensuring that individuals receive appropriate mental health care while navigating the legal system. 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