No person who is mentally ill or who has an intellectual disability shall be confined for safekeeping in any jail. If it appears to the officer in charge of the jail that such a person is in prison, he shall immediately cause the person to be examined by two examiners designated by the Office of Mental Health or the Office of Intellectual and Developmental Disabilities, or both, and if in their opinion admission to a mental health or intellectual disability facility is warranted, the officer in charge of the jail shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610, or Section 44-21-90. If hospitalization is ordered, the person shall be discharged from the custody of the officer in charge of the jail and shall be admitted to an appropriate mental health or intellectual disability facility.
S.C. Code Ann. § 44-23-220
Admission of persons in jail
Applied in 2 court decisions — leading case Ford v. Wainwright (1986)
Most recently applied in State v. Bailey (April 2016)
1962 Code SECTION 32-975; 1974 (58) 2642; 1993 Act No. 181, SECTION 1085; 2011 Act No. 47, SECTION 5, eff June 7, 2011.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.