Opinion
10-29-2024
RE Fourth Circuit Mental Health Court
ORDER
John W. Kittredge, Chief Justice of South Carolina
The Mental Health Court Program Act, enacted on June 1, 2015, by the South Carolina legislature, recognizes the need for, and benefits of, a Mental Health Court. The Act establishes a Mental Health Court to be administered by circuit solicitors and provides that the Chief Justice of the Supreme Court of South Carolina shall appoint all Mental Health Court judges operating pursuant to the Act.
The Solicitor for the Fourth Judicial Circuit has moved for an Order for the establishment of a combination mental health court program pursuant to S.C. Code Ann. § 14-31-30(C) and for the appointment of judges, pursuant to S.C. Code Ann. § 14-31-40(B), to preside over the Mental Health Court. The purpose of the Mental Health Court is to divert qualifying mentally ill offenders away from the criminal justice system and into appropriate treatment programs, without compromising the safety of the public.
Pursuant to Article V, Section 4 of the South Carolina Constitution and S.C. Code Ann. § 14-31-10, et seq., The Mental Health Court is established in the Fourth Circuit Solicitor's Office. Any person arrested in the Fourth Judicial Circuit for misdemeanor charge(s) and/or non-violent felony charge(s), except for those excluded under the provisions of S.C. Code Ann. § 16-1-130, who is suffering from a diagnosed, or diagnosable mental illness, including those with a co-concurring disorder of substance abuse, may be eligible for referral into the Fourth Judicial Circuit Mental Health Court (hereinafter "MHC").
The Fourth Circuit Solicitor's Office shall determine eligibility. In cases involving victims, proper notice shall be given to victims pursuant to S.C. Code Ann. § 16-31525. Policy and procedures for the MHC, including, but not limited to, referral, application, admission, and participation, shall be developed by the Fourth Circuit Solicitor's Office. A Mental Health Court Team (hereinafter "MHC Team") may be established for the proper execution of the MHC. Admission into MHC shall be determined by the Fourth Circuit Solicitor's Office subsequent to recommendations made by the MHC Team.
Upon acceptance into the MHC, a defendant in General Sessions shall enter a plea of guilty. Upon acceptance of the plea by the presiding circuit judge of the Court of General Sessions, a negotiated sentence is encouraged. If a negotiated sentence is accepted and ordered, the negotiated sentence shall be deferred pending the defendant's successful completion of or termination from the MHC. If a sentence is not negotiated, the sentence imposed shall likewise be deferred pending the defendant's successful completion of or termination from the MHC, and disposed of as provided below.
The MHC is a voluntary program, and each offender must voluntarily consent to the jurisdiction of the MHC, and consent shall be noted at or before the entry of the guilty plea. General Sessions defendants who enter the MHC will do so after pleading guilty to the criminal charge(s). Upon successful completion of the MHC, the General Sessions defendant's sentence shall be deemed satisfied. Upon successful completion of the MHC, the charges precipitating the summary court defendant's entry into the MHC shall be nolle prossed or dismissed.
Upon unsuccessful completion of the MHC by summary court defendants, the MHC shall notify the originating court, and the charge(s) shall be returned to the originating court.
Upon unsuccessful completion of the MHC by General Sessions defendants, whether due to voluntary withdrawal or termination, where the underlying sentence has been negotiated and ordered by the circuit court, the MHC judge shall impose the predetermined negotiated sentence. If the underlying sentence remains undetermined, the defendant shall be returned to the Court of General Sessions to be sentenced; provided however, the MHC judge may impose a sentence not to exceed one-year imprisonment.
The Honorable John A. Davis, Magistrate Court Judge for Chesterfield County, is assigned to preside over the Fourth Circuit Adult Mental Health Court. In his absence, the Honorable Robert A. Stanton Jr., Magistrate Court Judge for Marlboro County, may preside over the Adult Mental Health Court. Pursuant to this appointment, Judge Davis or Judge Stanton shall be responsible for coordinating the role of the judiciary with the functions of the local mental health centers, the Fourth Circuit Solicitor's Office, private mental health care providers, and local Sheriff's Departments, together with any other Chesterfield, Darlington, Dillon, and Marlboro County agencies which may serve the MHC. The MHC Judge shall be responsible for presiding over courtroom proceedings involving the MHC to include the imposition of sanctions for violations of the conditions of the MHC and any termination for non-compliance. The sanction may include, but is not limited to, a bench warrant or other sanctions deemed appropriate by the MHC Judge. Judge Davis and Judge Stanton will have concurrent jurisdiction in Chesterfield, Darlington, Dillon, and Marlboro Counties.
This Order takes effect immediately and remains in effect unless amended or rescinded by the Chief Justice.