No person who is mentally ill or who has an intellectual disability shall be confined for safekeeping in any jail. If it appears to the officer in charge of the jail that such a person is in prison, he shall immediately cause the person to be examined by two examiners designated by the Department of Mental Health or the Department of Disabilities and Special Needs, or both, and if in their opinion admission to a mental health or intellectual disability facility is warranted, the officer in charge of the jail shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610, or Section 44-21-90. If hospitalization is ordered, the person shall be discharged from the custody of the officer in charge of the jail and shall be admitted to an appropriate mental health or intellectual disability facility.
HISTORY: 1962 Code Section 32-975; 1974 (58) 2642; 1993 Act No. 181, Section 1085; 2011 Act No. 47, Section 5, eff June 7, 2011.
Structure South Carolina Code of Laws
Section 44-23-10. Definitions.
Section 44-23-20. Inapplicability to Whitten Center.
Section 44-23-40. Appeal to court from rules and regulations.
Section 44-23-220. Admission of persons in jail.
Section 44-23-240. Causing unwarranted confinement.
Section 44-23-250. Signature of director of state mental health facility defined.
Section 44-23-420. Designated examiners' report.
Section 44-23-430. Hearing on fitness to stand trial; effect of outcome.
Section 44-23-440. Finding of unfitness to stand trial shall not preclude defense on merits.
Section 44-23-450. Reexamination of finding of unfitness.
Section 44-23-1100. Disclosure of copies of completed forms retained by probate judges.
Section 44-23-1110. Charges for maintenance, care, and services.
Section 44-23-1120. Liability of estate of deceased patient or trainee.
Section 44-23-1130. Contracts for care and treatment.
Section 44-23-1150. Sexual misconduct with an inmate, patient, or offender.