Opinion
2023-12-11-01
12-11-2023
RE: Anderson County Mental Health Court Program
ORDER
Donald W. Beatty Chief Justice of South Carolina
I FIND that the South Carolina legislature, recognizing the continuing need for and benefits of a Mental Health Court (MHC) program to divert mentally ill persons from jails, enacted the MHC Program Act on June 1, 2015. The Act establishes a MHC Program to be administered by circuit solicitors and provides that the Chief Justice of the Supreme Court of South Carolina shall appoint all MHC judges operating pursuant to the Act.
I FURTHER FIND that pursuant to S.C. Code Ann. § 14-31-40 (2017), the Solicitor for the Tenth Judicial Circuit has moved for an order providing the essential administrative framework for the establishment and basic operations of a MHC Program and for the appointment of a judge to preside over the court.
I FURTHER FIND that qualified mentally ill defendants in misdemeanor cases and non-violent felony cases in Anderson County would benefit from participation in a MHC before a specially trained judge, without compromising the safety of the public.
THEREFORE, pursuant to Article V, Section 4, of the S.C. Constitution and S.C. Code Ann. § 14-31-40, IT IS ORDERED that effective on the date of this Order, a MHC Program shall be established within Anderson County in the office of the Tenth Circuit Solicitor.
Any eligible defendant, who is suffering from mental illness, may be transferred into the MHC upon the approval of the Tenth Circuit Solicitor. The Tenth Circuit Solicitor shall determine eligibility. Proper notice shall be given to the victim as required by S.C. Code Ann. § 16-3-1525 (2015). Policy and procedures for the MHC, including referrals, applications, admissions, and participation, shall be developed by the Tenth Circuit Solicitor's Office and the Anderson MHC Director.
IT IS FURTHER ORDERED that the Honorable J. Cordell Maddox, Jr., Circuit Court Judge At-Large, is assigned to preside over court proceedings of the Anderson County MHC. In his absence, the Honorable R. Lawton McIntosh, Circuit Court Judge for Anderson County, may preside. Pursuant to this assignment, Judge Maddox, with the assistance of the MHC Director, shall be responsible for coordinating the role of the judiciary with the functions of the South Carolina Department of Mental Health, Tenth Circuit Solicitor's Office, Anderson County General Sessions Court, Anderson County Sheriff's Office, agencies involved in vocational rehabilitation, Veterans Affairs, municipal police departments in Anderson County, private mental health care providers, and any other Anderson County agencies which may serve the Anderson County MHC. Further, Judge Maddox or Judge McIntosh shall be responsible for presiding over the courtroom proceedings involving the MHC, the imposition of sanctions, and any termination from the program for non-compliance with its terms and conditions.
This Order remains in effect unless amended or rescinded by subsequent order of the Chief Justice.