South Carolina H 3051: DOT feasibility determination

Bill Text

2025-2026 Bill 3051 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3051

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 44-23-430, RELATING TO HEARINGS ON A PERSON'S FITNESS TO STAND TRIAL, 
SO AS TO REQUIRE THE CIRCUIT COURT TO ORDER INPATIENT TREATMENT OF PERSONS DETERMINED 
UNFIT TO STAND TRIAL IN CERTAIN CIRCUMSTANCES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 44-23-430(A)(2) and (3) of the S.C. Code is 
amended to read:

 (2) the person is unfit to stand trial 
for the reasons set forth in Section 44-23-410 and is unlikely to become fit to 
stand trial in the foreseeable future, the solicitor 
responsible for the criminal prosecution shall initiate judicial admission 
proceedings pursuant to Sections 44-17-510 through 44-17-610 or Section 
44-20-450 within fourteen days, excluding Saturdays, Sundays, and holidays, 
during which time the court may order the person hospitalized,the court shall order inpatient treatment at a mental health 
facility, public or private, designated by the Department of Mental Health and 
that the person be admitted to the jurisdiction of the Department of Mental 
Health, and the court may order the person to continue in detention if 
detained, or, if on bond, may permit the person to remain on bond until such time as the person is admitted for inpatient 
treatment; or

 (3) 
the person is unfit to stand trial but likely to become fit in the foreseeable 
future, the court shall order him to undergo restoration treatment by the 
Department of Mental Health for up to one hundred eighty days from the 
commencement of restoration treatment. If the person is in detention, the 
Department of Mental Health has the discretion to provide the restoration 
treatment in a hospital or detention facility. Restoration treatment shall 
only occur in a detention facility with the consent and approval of the sheriff 
or local government, whichever has lawful custody of the detention facility. 
If the person is on bond, the Department of Mental Health has the discretion to 
provide the restoration treatment in a hospital or on an outpatient basis. If 
the person is found to be unfit at the conclusion of the period of restoration 
treatment, the solicitor responsible for the criminal 
prosecution shall initiate judicial admission proceedings pursuant to Sections 
44-17-510 through 44-17-610 or Section 44-20-450 within fourteen days, 
excluding Saturdays, Sundays, and holidaysthe court 
shall order inpatient treatment at a mental health facility, public or private, 
designated by the Department of Mental Health and that the person be admitted 
to the jurisdiction of the Department of Mental Health.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 06, 2024 at 10:05 AM