If a person who was involuntarily committed violates the conditions of his release including a failure to adhere to an outpatient treatment program as ordered by the court, the court may, upon a written affidavit of the head of the treatment facility or the director of a treatment program under whose supervision the person was released, and upon notice to the person and his counsel, order a supplemental hearing and further order inpatient treatment. The probate court issuing the order shall maintain jurisdiction over the person for the purpose of supplemental proceedings.
If a person who violates the conditions of his release is in such a condition that he poses a substantial risk of physical harm to himself or others, the court may, upon a written affidavit of the head of the treatment facility or the director of a treatment program under whose supervision the person was released, order the patient to be returned to the treatment facility from which he was released pending the conduct of a supplemental hearing which must be held within seventy-two hours from the time of admission to the facility.
Any person with respect to whom further involuntary inpatient treatment is ordered as a result of the supplemental hearing, may be recommitted for a period of treatment not to exceed sixty days.
HISTORY: 1986 Act No. 487, Section 2.
Structure South Carolina Code of Laws
Chapter 52 - Alcohol And Drug Abuse Commitment
Section 44-52-5. Statement of policy.
Section 44-52-10. Definitions.
Section 44-52-20. Voluntary admission.
Section 44-52-30. Discharge of voluntary patient.
Section 44-52-40. Release of voluntary patient.
Section 44-52-50. Procedure for emergency admission.
Section 44-52-65. Transfer of patients under emergency commitment.
Section 44-52-70. Involuntary commitment; examination; report; commencement of judicial proceedings.
Section 44-52-80. Involuntary commitment; notice of hearing.
Section 44-52-90. Contents of report; background investigation; counsel to have access to reports.
Section 44-52-110. Involuntary commitment; conduct of hearing and effect of findings.
Section 44-52-120. Involuntary commitment; period of treatment.
Section 44-52-130. Transfer of patient.
Section 44-52-140. Release of patient for temporary leave of absence.
Section 44-52-160. Violation of conditions of release; supplemental proceedings and recommitment.
Section 44-52-200. Authority of State Department of Mental Health.
Section 44-52-210. Comprehensive program for chemically dependent persons.