Nothing in this chapter prohibits a person from filing a petition for release pursuant to this chapter. However, if a person has previously filed a petition for release without the approval of the Director of the Department of Mental Health, and the court determined either upon review of the petition or following a hearing that the petitioner's petition was frivolous or that the petitioner's condition had not changed so that the petitioner continued to be a threat and, if released, would commit acts of sexual violence, the court must deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the director's approval, the court must, whenever possible, review the petition and determine if the petition is based upon frivolous grounds and, if so, must deny the petition without a hearing.
HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
Structure South Carolina Code of Laws
Chapter 48 - Sexually Violent Predator Act
Section 44-48-10. Short title.
Section 44-48-20. Legislative findings.
Section 44-48-30. Definitions.
Section 44-48-50. Multidisciplinary team; appointments; review of records; membership.
Section 44-48-60. Prosecutor's review committee; scope of review; membership requirements.
Section 44-48-70. Petition for probable cause determination.
Section 44-48-80. Determination of probable cause; taking person into custody; hearing; evaluation.
Section 44-48-130. Grounds for denial of petition for release.
Section 44-48-150. Evidentiary records; court order to open sealed records.
Section 44-48-160. Registration of persons released from commitment.
Section 44-48-170. Involuntary detention or commitment; constitutional requirements.