A finding of unfitness to stand trial under Section 44-23-430 does not preclude any legal objection to the prosecution of the individual which is susceptible of fair determination prior to trial and without the personal participation of the defendant.
If either the person found unfit to stand trial or his counsel believes he can establish a defense of not guilty to the charges other than the defense of insanity, he may request an opportunity to offer a defense on the merits to the court. The court may require affidavits and evidence in support of such request. If the court grants such request, the evidence of the State and the defendant shall be heard before the court sitting without a jury. If after hearing such petition the court finds the evidence is such as would entitle the defendant to a directed verdict of acquittal, it shall dismiss the indictment or other charges.
HISTORY: 1962 Code Section 32-981; 1974 (58) 2642; 1977 Act No. 99, Section 17; 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.