South Carolina H 3749: Diversion Program for Autism Spectrum Disorder and Intellectual Disabilities

Bill Text

2025-2026 Bill 3749 Text of Previous Version (Jan. 29, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3749

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 ADDING ARTICLE 
8 TO CHAPTER 22, TITLE 17 SO AS TO ENTITLE THE ARTICLE "AUTISM SPECTRUM 
DISORDERS AND INTELLECTUAL DISABILITIES PRETRIAL INTERVENTION PROGRAM," TO DEFINE 
NECESSARY TERMS, AND TO PROVIDE PROCEDURES FOR PERSONS DIAGNOSED WITH AUTISM 
SPECTRUM DISORDERS OR INTELLECTUAL DISABILITIES WHO COMMIT CERTAIN CRIMES TO 
PARTICIPATE IN PRETRIAL INTERVENTION PROGRAMS, AND TO PROVIDE EXCEPTIONS.

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

SECTION 1. Chapter 22, Title 17 of the S.C. Code is amended by 
adding:

Article 8

Autism Spectrum Disorders and Intellectual Disabilities 
Pretrial Intervention Program

 Section 
17-22-810. As used in this article, the term:

 (1) 
"Autism spectrum disorder" means as defined in the most recent edition of the 
Diagnostic and Statistical Manual of Mental Disorders published by the American 
Psychiatric Association; and

 (2) 
"Intellectual disability" means a disability, originating before the age of eighteen 
years, characterized concurrently by:

 (a) 
significant subaverage intellectual functioning as demonstrated by performance 
on a standardized measure of intellectual functioning, administered in conformity 
with accepted professional practice, that is at least two standard deviations 
below the mean; and

 (b) 
significant limitations in adaptive behavior as expressed in conceptual, 
social, and practical adaptive skills.

 Section 
17-22-820. (A) A person charged 
with a crime, except a violent crime as defined in Section 16-1-60, who has 
been diagnosed by a psychiatrist or clinical psychologist with an autism 
spectrum disorder or an intellectual disability if the court finds by clear and 
convincing evidence that the criminal conduct was caused by or had a direct and 
substantial relationship to the person's disorder or disability, without 
entering a judgment of guilt and with the consent of the offender and the 
circuit solicitor, the court may defer further proceedings and place the offender 
in the pretrial intervention program subject to the provisions of Article 1 and 
terms and conditions set by the court, including application and participation 
fees provided in Section 17-22-110. Due consideration must be given to any 
victim of the crime before an offender may be ordered to participate in a 
pretrial intervention program as provided in Section 17-22-80. 

 (B) The 
provisions of Section 17-22-150 govern the procedures following successful 
completion of, or violation of, a pretrial intervention program pursuant to the 
provisions of this article.

 (C) 
Notwithstanding any other provision of law and unless the court finds that the pretrial 
intervention program pursuant to the provisions of this article is 
inconsistent with the interests of justice regarding a particular offender, an 
offender is eligible to participate in a program even though he has previously 
been convicted of a criminal offense, been adjudicated delinquent as a 
juvenile, or previously participated in a pretrial intervention program 
pursuant to this article or any other provision of law. 

 (D) Nothing 
in this article may be construed to limit the authority of the family court 
with competent jurisdiction over the offense or the offender.

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

----XX----

This web page was last updated on January 29, 2025 at 12:41 PM