The Director of the Department of Corrections must appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, victim's impact statement, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, must assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee and notify the victim. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include:
(1) a representative from the Department of Corrections;
(2) a representative from the Department of Probation, Parole and Pardon Services;
(3) a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;
(4) a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and
(5) an attorney with substantial experience in the practice of criminal defense law to be appointed by the Chief Justice to serve a term of one year.
The Director of the Department of Corrections or his designee appointed pursuant to item (1) shall be the chairman of the team.
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.