South Carolina § 44-23-460 - Procedure when superintendent believes person charged with crime no longer requires hospitalization.
Full text of South Carolina South Carolina Code of Laws § 44-23-460 — Procedure when superintendent believes person charged with crime no longer requires hospitalization., with citation guidance and answers to common questions.
§ 44-23-460. Procedure when superintendent believes person charged with crime no longer requires hospitalization.
When the superintendent of a hospital or intellectual disability facility believes that a person against whom criminal charges are pending no longer requires hospitalization, the court in which criminal charges are pending shall be notified and shall set a date for and notify the person of a hearing on the issue of fitness pursuant to Section 44-23-430. At such time, the person shall be entitled to assistance of counsel:
(1) if upon the completion of the hearing, the court finds the person unfit to stand trial, it shall order his release from the hospital; and
(2) if such a person has been hospitalized for a period of time exceeding the maximum possible period of imprisonment to which the person could have been sentenced if convicted as charged, the court shall order the charges dismissed and the person released; or
(3) the court may order that criminal proceedings against a person who has been found fit to stand trial be resumed, or the court may dismiss criminal charges and order the person released if so much time has elapsed that prosecution would not be in the interest of justice.
HISTORY: 1962 Code SECTION 32-983; 1974 (58) 2642; 1977 Act No. 99, SECTION 17; 2011 Act No. 47, SECTION 5, eff June 7, 2011.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 44-23-460
What does South Carolina Code of Laws § 44-23-460 cover?
Section 44-23-460 ("Procedure when superintendent believes person charged with crime no longer requires hospitalization.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 44-23-460?
A common citation format is "South Carolina Code of Laws § 44-23-460" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 44-23-460 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.