The bill H. 4689 seeks to amend Section 44-23-460 of the South Carolina Code of Laws, which pertains to the procedures for individuals who are hospitalized while facing criminal charges. The amendment allows the court to order the Office of Mental Health to place individuals found unfit to stand trial in a secure facility under specific circumstances. This change is intended to enhance public safety by ensuring that individuals deemed a danger to the community are not released from the hospital if they have not been hospitalized for a period exceeding the maximum possible imprisonment they could face if convicted.

The key modification in the bill stipulates that if a person is found unfit to stand trial, the court can direct their placement in a secure facility instead of simply ordering their release, provided that the state can demonstrate the individual poses a danger to the community. This amendment aims to balance the rights of individuals with mental health issues against the safety of the public, ensuring that appropriate measures are taken when necessary. The bill will take effect upon approval by the Governor.

Statutes affected:
12/17/2025: 44-23-460
Latest Version: 44-23-460