The bill H. 4642 aims to amend the South Carolina Code of Laws by introducing new judicial procedures for defendants whose fitness to stand trial is in question. It adds Section 44-23-470, which allows a court to retain jurisdiction over defendants deemed incompetent to stand trial if certain criteria are met, including the defendant's mental health status and the nature of the offense. The court is required to conduct a hearing within thirty days and must find clear and convincing evidence to retain jurisdiction. The bill outlines the process for appointing counsel, admitting evidence, and conducting examinations, as well as the procedures for commitment to mental health facilities and the conditions for release.

Additionally, the bill amends Section 44-23-430 to align with the new procedures, specifying that if a person is unfit to stand trial, the solicitor must initiate judicial admission proceedings within fourteen days. The amendments clarify the responsibilities of the court and the Office of Mental Health regarding the treatment and evaluation of defendants. The bill emphasizes the importance of public safety while ensuring that therapeutic measures are prioritized over punitive actions for individuals with mental health issues. The act will take effect upon approval by the Governor.

Statutes affected:
12/17/2025: 44-23-470, 44-23-430
Latest Version: 44-23-470, 44-23-430