When the superintendent of a hospital or intellectual disability facility believes that a person against whom criminal charges are pending no longer requires hospitalization, the court in which criminal charges are pending shall be notified and shall set a date for and notify the person of a hearing on the issue of fitness pursuant to Section 44-23-430. At such time, the person shall be entitled to assistance of counsel:
(1) if upon the completion of the hearing, the court finds the person unfit to stand trial, it shall order his release from the hospital; and
(2) if such a person has been hospitalized for a period of time exceeding the maximum possible period of imprisonment to which the person could have been sentenced if convicted as charged, the court shall order the charges dismissed and the person released; or
(3) the court may order that criminal proceedings against a person who has been found fit to stand trial be resumed, or the court may dismiss criminal charges and order the person released if so much time has elapsed that prosecution would not be in the interest of justice.
HISTORY: 1962 Code Section 32-983; 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.