All persons to whom notice is required may appear at the hearing, testify and, within the discretion of the court, present and cross-examine witnesses and the court may receive the testimony of any other person. The court may exclude all persons not necessary for the conduct of the proceedings. The person for whom the hearing is being held shall have the right to be present at the commitment hearing and such right may be waived only by him or his attorney. The court may in its discretion cause the hearing to be held in any suitable location in the State, without regard to whether the location is in the county of the court conducting the hearing, when the judge is satisfied that the health and welfare of the person concerned is best served by conducting the hearing in a location other than the probate court. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental health of the person. The court shall in receiving evidence follow the rules of evidence applicable to the probate courts of this State. If the person is indigent he shall have the right to a free transcript of the record of the proceedings.
HISTORY: 1962 Code Section 32-965; 1952 Code Section 32-961; 1942 Code Section 6229; 1932 Code Section 6229; Civ. C. '22 Section 5082; Civ. C. '12 Sections 3358, 3359; Civ. C. '02 Sections 2251, 2252; 1894 (21) 825; 1920 (31) 704; 1942 (33) 1081; 1931 (37) 239; 1932 (37) 1471; 1935 (39) 85; 1952 (47) 2042; 1974 (58) 2642; 1977 Act No. 99 Section 10.
Structure South Carolina Code of Laws
Chapter 17 - Care And Commitment Of Mentally Ill Persons
Section 44-17-310. Voluntary admission.
Section 44-17-320. Discharge of voluntary patient by superintendent.
Section 44-17-330. Discharge at request of patient or another person.
Section 44-17-340. Written notice of right to release.
Section 44-17-415. Physical examination report to accompany certification for emergency admission.
Section 44-17-420. Notice of hearing.
Section 44-17-450. Preadmission screening and evaluation in psychiatric emergencies.
Section 44-17-460. Examinations prior to emergency admissions to psychiatric facilities.
Section 44-17-510. Petition for judicial commitment; certificate of designated examiner.
Section 44-17-520. Notice of petition and right to counsel.
Section 44-17-530. Appointment of counsel; examination and record.
Section 44-17-540. Hearing to be held if examiners find mental illness.
Section 44-17-550. Notice of hearing and rights.
Section 44-17-560. Removal of proceedings to another county.
Section 44-17-570. Conduct of hearing.
Section 44-17-580. Hospitalization of person if court finds mental illness and other conditions.
Section 44-17-600. No admission based on order more than thirty days after it has been rendered.
Section 44-17-610. Commitment to private, county, Veterans' Administration, or other hospital.
Section 44-17-630. Right to reexamination; notice.
Section 44-17-640. Admission to agency of the United States; jurisdiction retained.
Section 44-17-810. Release or discharge upon own recognizance.
Section 44-17-860. Unlawful taking of person from mental health facility without permission.
Section 44-17-890. Discharge or leave of absence during judicial proceeding.
Section 44-17-900. Officials not liable for release or discharge of patient.