If a patient involuntarily committed to a facility under the jurisdiction of the State Department of Mental Health is absent without proper authorization, a state or local law enforcement officer or employee of the department appointed pursuant to Section 44-11-70, upon the request of the facility superintendent or director or a designee and without the necessity of a warrant or a court order, may take the patient into custody and return the patient to a facility designated by the department. No person may be reconfined pursuant to this section after being continuously absent from the jurisdiction of the department for at least one year unless criminal charges are still pending against the patient or unless he was committed to a facility of the department pursuant to Chapter 24, Title 17.
HISTORY: 1962 Code Section 32-990; 1952 (47) 2042; 1954 (48) 1732; 1974 (58) 2642; 1977 Act No. 99 Section 19; 1980 Act No. 459, Section 1; 1992 Act No. 296, Section 5.
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.