A finding of unfitness to stand trial under Section 44-23-430 may be reexamined by the court upon its own motion, or that of the prosecuting attorney, the person found unfit to stand trial, his legal guardian, or his counsel. Upon receipt of the petition, the court shall order an examination by two designated examiners whose report shall be submitted to the court and shall include underlying facts and conclusions. The court shall notify the individual, his legal guardian, and his counsel of a hearing at least ten days prior to such hearing. The court shall conduct the proceedings in accordance with Section 44-23-430, except that any petition that is filed within six months after the initial finding of unfitness or within six months after the filing of a previous petition under this section shall be dismissed by the court without a hearing.
HISTORY: 1962 Code Section 32-982; 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.