Mental Illness

2025-2026 Bill 5019: Mental Illness - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5019
STATUS INFORMATION
General Bill
Sponsors: Rep. Pope
Document Path: LC-0406VR26.docx
Introduced in the House on January 27, 2026
Currently residing in the House Committee on
Judiciary
Summary: Mental Illness
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/27/2026

House

Introduced and read first time (
House Journal-page 4
)

1/27/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 4
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/27/2026

A bill

TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY AMENDING SECTION
44-17-410
, RELATING TO EMERGENCY
ADMISSIONS OF INDIVIDUALS SUFFERING FROM MENTAL ILLNESS WHO POSE A DANGER TO
THEMSELVES OR OTHERS, SO AS TO MAKE CHANGES TO THE ADMISSION AND COMMITMENT
PROCESS, TO ENSURE THAT THE TREATING FACILITY HAS A COMPLETE MEDICAL HISTORY OF
THESE PATIENTS, INCLUDING PRIOR HOSPITALIZATIONS, TO SPECIFY INFORMATION THAT
MUST BE INCLUDED IN REPORTS OF DESIGNATED EXAMINERS, AND FOR OTHER PURPOSES; BY
AMENDING SECTION
44-17-580
, RELATING TO INDIVIDUALS WITH MENTAL ILLNESS WHO DO
NOT COMPLY WITH THE COURT-ORDERED OUTPATIENT TREATMENT, SO AS TO ADDRESS
REQUIREMENTS OF SUPPLEMENTAL OR RULE TO SHOW CAUSE HEARINGS TO ADDRESS
NONCOMPLIANCE; AND BY ADDING SECTION
44-12-70
SO AS TO REQUIRE THE DEPARTMENT
OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES TO MAINTAIN AN INTEGRATED
DATABASE WITH COMPLETE MEDICAL RECORDS OF PATIENTS SERVED AT DEPARTMENT
FACILITIES, A REGISTRY OF ORDERS OF TREATMENT, AND AN INVENTORY OF AVAILABLE
FACILITY BEDS AND WAITLISTS.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
44-17-410
of the S.C. Code is amended to read:

S
ection
44-17-410
.
A
person may be admitted to a public or
private hospital, mental health clinic, or mental health facility for emergency
admission upon:

(
1)
written affidavit under oath by a person stating:

(
a)
a belief that the individual is a person with a mental illness as defined in
Section
44-23-10
(21) and because of this condition there is the likelihood of
serious harm as defined in Section
44-23-10
(13) to himself or others if not
immediately hospitalized;

(
b)
the specific type of serious harm thought probable if the person is not
immediately hospitalized and the factual basis for this belief;

(
2)
a certification in triplicate by at least one licensed physician
within two calendar days of the affidavit in item (1) above
stating
that the physician has examined the person and is of the opinion that the
person is mentally ill and because of this condition is likely to cause harm to
himself through neglect, inability to care for himself, or personal injury, or
otherwise, or to others if not immediately hospitalized. The certification must
contain the grounds for the opinion. A person for whom a certificate has been
issued may not be admitted on the basis of that certificate after the
expiration of three calendar days after the date of the examination;

(
3)
within forty-eight hours after admission, exclusive of Saturdays, Sundays, and
legal holidays, the place of admission shall forward the affidavit and
certification to the probate court of the county in which the person resides
or, in extenuating circumstances, where the acts or conduct leading to the
hospitalization occurred.

W
ithin forty-eight
hours of receipt of the affidavit and certification exclusive of Saturdays,
Sundays, and legal holidays, the court shall conduct preliminary review of all
the evidence to determine if probable cause exists to continue emergency
detention of the patient. If the court finds that probable cause does not
exist, it shall issue an order of release for the patient. Upon a finding of
probable cause, the court shall make a written order detailing its findings and
may order the continued detention of the patient.
No
public or private hospital, mental health clinic, or mental health facility may
detain a person involuntarily without the affidavit required by item (1) above or
the certification required by item (2) above.

U
pon
the receipt of an order finding probable cause, the place of admission shall
request all medical records relating to previous mental health treatment for
the person. The Department of Behavioral Health and Developmental Disabilities
shall securely release to the place of admission within forty-eight hours of
the request the medical records from all of its offices relating to that
patient, a list of the number and dates of previous emergency hospitalizations,
and a list of the courts which have placed the person under an order for
treatment and the dates of the ordered treatment.

W
ith each affidavit
and certification, the treatment facility shall provide the court with a
designated examiner appointment form listing the names of two designated
examiners at the treatment facility.
All designated
examiners must be trained by the Department of Behavioral Health and
Developmental Disabilities. The department is responsible for ensuring that
every designated examiner receives training and continuing education on the statutory
responsibilities of designated examiners.

I
f the court appoints
these two designated examiners, the examination must be performed at the
treatment facility and a report must be submitted to the court within seven
days from the date of admission. The court may appoint independent designated
examiners who shall submit a report to the court within the time allotted
above. In the process of examination by the designated examiners, previous
hospitalization records must be considered. At least one of the
designated
examiners appointed by the court must be a
licensed physician
or a psychiatric mental health nurse
practitioner
. The
designated
examiners'
reports must include
the grounds for the examiners'
conclusions.
:

(
1) the grounds for the designated examiners'
conclusions;

(
2) whether the person is a "person
with a mental illness" as the term is defined in Section
44-23-10
, including
any current diagnosis;

(
3) what the person's current
therapeutic and medication needs may be, if any, including whether the
medication been fully titrated to a therapeutic level, and, if not, when it
will be complete;

(
4) whether the person is experiencing
any current symptoms;

(
5) whether the likelihood of serious
harm set forth in the affidavit exists or, if it is no longer a likelihood, why
and how it has been resolved, taking into consideration the person's history of
violence, if any, and access to deadly weapons, if any;

(
6) discussion of each specific harm
listed in the affidavit or certificate, any harms observed at the treatment
center, whether the harms have been resolved, and whether there are ongoing
concerns about any harms;

(
7) the person's prior treatment
history for at least the previous five years, including the frequency of
treatment center readmittance, whether noncompliance with medication or
treatment was a cause for this inpatient stay, and whether the person is under
a current order for treatment;

(
8) other relevant medical conditions
and diagnoses impacting the person, including chemical dependency, if present,
and if the person is experiencing chemical dependency issues, whether
involuntary proceedings related to that illness are appropriate in accordance
with Sections
44-17-410
and
44-52-60
; and

(
9) whether voluntary or involuntary
treatment would be best for the person and why.

I
f
the designated examiners' report concludes that the patient is not mentally ill
to the extent that involuntary treatment is required, the court may dismiss the
petition if the court has found in a written order that the designated examiners
have:

(
1) fulfilled the designated
examination report statutory requirements; and

(
2) no further testimony is necessary
to elaborate on the reports.

I
f the report of the designated examiners is that the patient is
not mentally ill to the extent that involuntary treatment is required and
reasons have been set forth in the report, the court shall dismiss the petition
and the patient must be discharged immediately by the facility
If the designated examiners' report recommends voluntary or
outpatient treatment, the report must address information relevant to the
person receiving the treatment upon discharge, including social, housing, or
environmental impediments to the person receiving the recommended treatment on
an outpatient basis and available social support and transportation upon
discharge to address the impediments and ensure the likelihood of completing
recommended treatment.

T
he
person must be discharged immediately by the treatment facility after it has
provided the person with a physical copy of the written order,
unless
the designated examiners report that the patient is a chemically dependent
person in need of emergency commitment and that procedures have been initiated
pursuant to Section
44-52-50
or the person is
participating in voluntary treatment at the treatment facility
.
In which case,
If proceedings
pursuant to Section
44-52-50
are necessary,
emergency commitment procedures
must be complied with in accordance with Chapter 52, and the facility shall
transfer the patient to an appropriate treatment facility as defined by Section
44-52-10
, provided that confirmation has been obtained from the facility that a
bed is available; transportation must be provided by the Office of Mental
Health.

I
f the report of the
designated examiners is that the patient is mentally ill and involuntary
treatment is required, the court may order that the person be detained, appoint
counsel for the patient if counsel has not been retained, and fix a date for a
full hearing to be held pursuant to Section
44-17-570
within fifteen days from
the date of admission. The court shall give notice of the hearing pursuant to
Section
44-17-420
.

T
he examiners' report
must be available to the person's counsel before the full hearing. The person
must be given the opportunity to request an independent designated examiner
pursuant to Section
44-17-530
.

I
f before the
hearing, the designated examiners determine that the patient is no longer
mentally ill to the extent that involuntary treatment is required, they shall
cause a supplemental report to be submitted to the court. If the court receives
a supplemental report at least forty-eight hours before the hearing stating
that the patient is no longer mentally ill to the extent involuntary treatment
is required, and setting forth the reasons for the examiners' conclusions, the
court
shall dismiss the petition and the patient must be
discharged immediately by the facility
may dismiss
the petition if the court has found in a written order that the examiners have:

(
1) fulfilled the designated
examination report statutory requirements; and

(
2) no further testimony is necessary
to elaborate on the reports
.

S
ECTION 2.
S
ection
44-17-580
of the S.C. Code is amended to read:

S
ection
44-17-580
.
(
A) If, upon completion
of the hearing and consideration of the record, the court finds upon clear and
convincing evidence that the person is mentally ill, needs involuntary
treatment and because of his condition:

(
1)
lacks sufficient insight or capacity to make responsible decisions with respect
to his treatment; or

(
2)
there is a likelihood of serious harm to himself or others, the court shall
order in-patient or out-patient treatment at a mental health facility, public
or private, designated by the Office of Mental Health and may order out-patient
treatment following in-patient treatment. If the court finds that the person is
not mentally ill
and
or

not in need of involuntary treatment, the court shall dismiss the proceedings.

(
B)
(
1)
If the court orders out-patient treatment and the
respondent fails to adhere to the prescribed out-patient treatment order or
program,
including taking prescribed medications,
the
treatment facility
immediately
shall report the
failure to the court
on an affidavit providing specific
details regarding the respondent's noncompliance with the court order and what
action or consequences the treatment provider is recommending
and the
court
,
upon notice to the respondent and
his counsel
appointment of counsel
and a guardian ad litem for the respondent,

shall
order a supplemental hearing and may further order in-patient treatment in a
designated facility as needed. The probate court issuing the order for
out-patient treatment shall maintain jurisdiction over the person for the
purpose of supplemental proceedings as set forth in this chapter and every
order issued pursuant to this subsection must be so conditioned. An order for
in-patient treatment at a mental health facility does not raise a presumption
of incompetency and no rights may be denied a person unless specifically
ordered by the court.
shall order a supplemental
hearing or rule to show cause proceeding.

(
2) Notice of the first supplemental
or rule to show cause hearing must be personally served on the respondent.
Notice of the hearing also must be provided by mail or electronic delivery at
least five days prior to the hearing to the respondent's counsel, the affiant,
the petitioner in the original action, and any other interested person as the
term "interested person" is defined in Section
44-23-10
.

(
3) The local Office of Mental Health
facility must make a designated examiner available to attend the hearing.

(
4) The court shall conduct the
supplemental or rule to show cause hearing in the manner described in Section
44-17-570
. The affiant shall appear to testify at the hearing. If necessary,
the court may allow another employee of the treatment facility with knowledge
of the matter to be substituted in for the affiant to testify at the hearing.

(
5) Should the person, after service,
fail to attend the supplemental or rule to show cause hearing, the probate
court shall issue a bench warrant for his or her detention unless that person
is hospitalized.

(
6) At the supplemental or rule to
show cause hearing, the court shall apply a clear and convincing standard of
review to determine if the respondent has not been compliant with the court's
prior order. If the court makes that finding, the court may:

(
a) order further in-patient treatment
in a designated facility as needed;

(
b) order outpatient treatment; or

(
c)
(
i) upon a finding of wilful contempt
of the court order, order the respondent to the local detention center for
contempt in which case the court must hold a review hearing on the contempt at
least monthly to address the respondent's compliance with the treatment order.

(
ii) At each review hearing, the
court will address the actions of the respondent that constitute continued
contempt of court and the need for continued detention, and the treatment
facility shall have a staff person attend the hearing to testify.

(
d) At each supplemental or rule to
show cause hearing, the court shall provide the date and time of the next
supplemental or rule to show cause hearing on the record to all of the parties.
This shall serve as appropriate notice to all parties. If an interested party
would like to receive electronic notification of a hearing, he or she may make
that request in writing to the court.

(
7) If the court receives written
notice from the respondent, respondent's counsel, respondent's guardian,
petitioner, detention center administration, or other interested member of the
respondent's family that the respondent is ready to comply with treatment, the
court shall hold a hearing within forty-eight hours of service on the
petitioner of that written notice to address the respondent's willingness to
comply with the treatment order. Notice will be provided via electronic mail to
all interested parties who have provided their electronic contact information
to the court. The respondent must be personally served with notice of the
hearing.

(
8) The respondent may not be held for
safekeeping pursuant to Section
44-23-220
.

(
C) The probate court issuing the
order for out-patient treatment shall maintain jurisdiction over the person for
the purpose of supplemental proceedings as set forth in this chapter and every
order issued pursuant to this subsection must be so conditioned. An order for
in-patient treatment at a mental health facility does not raise a presumption
of incompetency and no rights may be denied a person unless specifically
ordered by the court.

(
D) A person who has complied with the
prescribed out-patient treatment order and program and completed the program
may request relief from the court from the order by filing an affidavit stating
that the person has completed their treatment, records showing the treatment is
complete, and a filing fee of no more than twenty dollars. Upon receipt, the
probate court shall appoint the person counsel and order a hearing, at which
the treatment facility shall have a staff person attend to testify regarding
the alleged compliance with treatment and provide an informed perspective,
based on the person's previous treatment and history and current condition, as
to whether or not treatment should continue to be ordered. The court may
exercise discretion to limit these filings to no more than one request for
relief in a year.

S
ECTION 3.
C
hapter 12, Title 44 of the S.C. Code is amended by
adding:

S
ection
44-12-70
. The Department of Behavioral Health and Developmental Disabilities
shall develop and maintain an integrated and secure database where each patient
treated by any of its offices has his medical records stored in keeping with
federal and state law related to the oversight of medical records. The database
also must contain a registry of orders for treatment to any of its offices,
which must include a listing of which court issued the order, at which location
the treatment was ordered, and for what duration the treatment was ordered. Any
court with jurisdiction to issue an order addressed by this section must
securely provide a copy of the order to the department within ten days of
issuance, not counting weekends or holidays. The database also must contain a
listing of all patients currently on a waitlist for a bed at any facility
maintained by the department and their place on that waitlist and immediately shall
furnish that information to the court which issued the order upon request.
Information contained in this database only may be disclosed in accordance with
a request from a probate court or pursuant to Section
44-22-100
or
44-17-410
.

S
ECTION 4. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 27, 2026 at 10:12 AM