The bill H. 3749 proposes the establishment of a pretrial intervention program specifically for individuals diagnosed with Autism Spectrum Disorders or Intellectual Disabilities in South Carolina. It introduces Article 8 to Chapter 22, Title 17 of the South Carolina Code, defining key terms related to these conditions and outlining the eligibility criteria for participation in the program. The bill stipulates that individuals charged with non-violent crimes, who have been diagnosed by a qualified professional and whose criminal conduct is directly linked to their disorder or disability, may be placed in this intervention program with the court's approval and the consent of the offender and circuit solicitor.

Additionally, the bill emphasizes that the court must consider the impact on victims before allowing participation in the program. It also clarifies that individuals with prior convictions or those who have previously participated in a pretrial intervention program may still be eligible, unless the court determines otherwise in the interest of justice. The provisions of the bill aim to provide a supportive legal framework for individuals with these disabilities, ensuring they receive appropriate intervention rather than punitive measures, while maintaining the authority of family courts over relevant cases. The act will take effect upon the Governor's approval.