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S.C. Code Ann. § 44-48-130

Grounds for denial of petition for release

Known as the Sexually Violent Predator Act

The act spans §§ 44–44 (19 sections).

1998 Act No. 321, SECTION 1; 2004 Act No. 176, SECTION 1, eff February 18, 2004; 2023 Act No. 19 (S.146), SECTION 11, eff May 16, 2023.

Nothing in this chapter prohibits a resident from filing a petition for release pursuant to this chapter. However, if a resident has previously filed a petition for release without the approval of the Office Director of the Office of Mental Health, and the court determined either upon review of the petition or following a hearing that the resident's petition was frivolous or that the resident's condition had not changed so that the resident 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 resident had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a resident without the office 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.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.