Competent To Stand Trial
S.C. Code 44-23-410 and S.C. Code 44-23-430 — two examiners, a hearing, and up to one hundred eighty days of restoration
When a circuit or family court judge has reason to believe a person on trial lacks the capacity to understand the proceedings or to assist in the defense because of a lack of mental capacity, the judge orders an examination by two designated examiners within thirty days, or commits the person for examination and observation for no more than fifteen days.
At the request of the person or counsel, the court may allow an additional examination by a designated examiner of the person's choosing. The examiners report within ten days, with a diagnosis and findings on capacity and on whether it is likely to be attained in the foreseeable future, and the report stays off the question of insanity unless that is ordered.
- Fit to stand trial: the criminal proceedings resume.
- Unfit and unlikely to become fit in the foreseeable future: the solicitor starts judicial admission proceedings within fourteen days, not counting weekends and holidays.
- Unfit but likely to become fit: restoration treatment by the Office of Mental Health for up to one hundred eighty days, and judicial admission proceedings within fourteen days if the person is still unfit at the end.
Those are the outcomes of the hearing the court sets on receiving the report. The person is entitled to be present and to be represented by counsel.
Fitness to stand trial is a different question from insanity at the time of the offense. A particular case is a question for a licensed South Carolina attorney.
Sources for this section (3)
- S.C. Code 44-23-410 — Determining fitness to stand trial
- S.C. Code 44-23-420 — Designated examiners' report
- S.C. Code 44-23-430 — Hearing on fitness to stand trial; effect of outcome
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.