reglab/housing_qa huggingface dataset:
SC Code § 44-22-150 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 22 - Rights Of Mental Health Patients|Section 44-22-150. Restraint; seclusion; physical coercion.

 (A) No patient residing in a mental health or alcohol and drug abuse facility may be subjected to mechanical restraint, seclusion, or a form of physical coercion or restraint unless the action is authorized in writing by the attending or on-call physician as being required by the medical needs of the patient and unless the use of the restraint is a last resort in treatment.  (B) Each use of a restraint or seclusion and justification for it, including a reasonably specific description of the actions by the patient that warranted restraint or seclusion, must be entered into the clinical record of the patient. These authorizations are not valid for more than twenty-four hours during which the patient's condition must be charted at fifteen-minute intervals. If the orders are extended beyond the twenty-four hours, the extension must have written authorization and justification by the attending physician and then only after he has interviewed and evaluated the patient on an individual basis. Within twenty-four hours a copy of the authorization and justification must be forwarded to the facility supervisor for review. Patients under mechanical restraint must have the restraints removed at least every two hours for motion and exercise. Mechanical restraint must be employed to lessen the possibility of physical injury and to ensure the least possible discomfort. In an emergency such as the occurrence of, or serious threat of, extreme violence, injury to others, personal injury, or attempted suicide, if the director of the facility or the attending physician is not available, designated staff may authorize, in writing, mechanical restraint, seclusion, or physical restraint as necessary. The use must be reported immediately to the director or attending physician who shall authorize its continuance or cessation and shall make a written record of the reasons for the use and of his review. The record and review must be entered into the patient's record. The facility must have written policies and procedures governing the use of mechanical restraints, seclusion, and physical restraints and clearly delineate, in descending order, the personnel who may authorize the use of restraints in emergency situations. The authorization must be posted on each ward.  (C) "Restraint" shall not include medical protective devices used as a regular part of medical, diagnostic, or surgical procedures, used to posturally support a patient, or used to obtain or maintain normative bodily functioning.  HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Section 7; 2000 Act No. 253, Section 9.
SC Code § 44-22-160 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 22 - Rights Of Mental Health Patients|Section 44-22-160. Employment within facility; compensation; right to refuse nontherapeutic employment.

 (A) Each patient may refuse nontherapeutic employment within the facility. The department shall establish policies and guidelines to determine what constitutes therapeutic employment. The record and justification of each patient's employment must be sent immediately to the attending physician for review and entered into the patient's record. Patient employment must be compensated in accordance with the Fair Labor Standards Act.  (B) Personal living skills or household tasks not involving maintenance of the facility are not considered employment and are uncompensated.  HISTORY: 1991 Act No. 127, Section 1.
SC Code § 44-22-170 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 22 - Rights Of Mental Health Patients|Section 44-22-170. Education of school-aged residents.

 (A) The State Department of Education shall ensure that each school-aged resident of a state-owned, operated, or another designated facility shall receive an appropriate education geared toward the unique capabilities of that person.  (B) If a school-aged resident is unable to assemble in a public school setting, the Department of Education shall implement the appropriate course of instruction.  HISTORY: 1991 Act No. 127, Section 1.
SC Code § 44-22-180 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 22 - Rights Of Mental Health Patients|Section 44-22-180. Exercise and exercise facilities; right to go outdoors.

 Resident patients must have the right to daily physical exercise. The facility shall provide indoor and outdoor facilities for the exercise. Patients determined able to be outdoors on a daily basis pursuant to Section 44-22-60 must be allowed outdoors on a daily basis in the absence of contrary medical considerations or during inclement weather.  HISTORY: 1991 Act No. 127, Section 1, eff June 5, 1991.
SC Code § 44-22-190 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 22 - Rights Of Mental Health Patients|Section 44-22-190. Finding employment for mentally disabled citizens.

 The employment division of the South Carolina Department of Employment and Workforce and the Department of Vocational Rehabilitation shall work with the department in a coordinated effort to find employment for mentally disabled citizens. Services must include, but are not limited to, counseling, referral, timely notification of job listings, and other services of the employment division and the Department of Vocational Rehabilitation.  HISTORY: 1991 Act No. 127, Section 1.
SC Code § 44-22-200 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 22 - Rights Of Mental Health Patients|Section 44-22-200. Move of patient to less restrictive setting; court approval required for move to more restrictive setting.

 The head of a treatment facility may move a patient to a less restrictive setting without court approval if the move is consistent with the goals and objectives of the individualized treatment plan. The head of the treatment facility may not move a patient to a more restrictive setting without court approval.  HISTORY: 1991 Act No. 127, Section 1.
SC Code § 44-22-210 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 22 - Rights Of Mental Health Patients|Section 44-22-210. Temporary leaves of absence.

 (A) The head of a treatment facility or unit may permit the patient to leave the facility on a temporary leave of absence for no longer than ninety days.  (B) The head of the treatment facility or unit upon releasing a patient on a temporary leave of absence may impose conditions on the patient while he is absent from the facility as are proper and in the best interest of the patient and public welfare.  HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Section 8.
SC Code § 44-22-220 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 22 - Rights Of Mental Health Patients|Section 44-22-220. Grievances concerning patient rights; penalties for denial of patient rights.

 (A) The department shall develop a system for documenting and addressing grievances concerning patient rights. Grievances concerning patient rights must be reviewed by the department and a determination made concerning whether or not corrective action is warranted. A copy of the written grievance must be forwarded to the Client Advocacy Program and Protection and Advocacy for People with Disabilities.  (B) The department shall develop procedures with time lines to process the grievances in a timely manner. The procedures must be made known to patients.  (C) A person who wilfully causes, or conspires with or assists another to cause, the denial to a patient of rights accorded to the patient under this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both. A person acting in good faith, either upon actual knowledge or information thought to be reliable, is immune from criminal liability under the provisions of this subsection.  HISTORY: 1991 Act No. 127, Section 1; 2008 Act No. 266, Section 6, eff June 4, 2008.
SC Code § 44-23-20 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-20. Inapplicability to Whitten Center.

 The provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 and Chapter 27, shall not be construed as applying to Whitten Center.  HISTORY: 1962 Code Section 32-912; 1957 (50) 248; 1979 Act No. 60 Section 1.
SC Code § 44-23-40 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-40. Appeal to court from rules and regulations.

 Any person affected by the rules and regulations of the Department adopted pursuant to Section 44-9-100 shall have the right to appeal therefrom to any court of record.  HISTORY: 1962 Code Section 32-914; 1952 Code Section 32-985; 1942 Code Section 6223; 1932 Code Section 6223; Civ. C. '22 Section 5074; Civ. C. '12 Section 3355; Civ. C. '02 Section 2248; G. S. 1585; R. S. 1780; 1827 (11) 322; 1871 (15) 672; 1915 (29) 147; 1920 (31) 704; 1938 (40) 1665; 1952 (47) 2042; 1958 (50) 1634.
SC Code § 44-23-210 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-210. Transfer of confined persons to or between mental health or intellectual disability facility.

 A person confined in a state institution or a person confined in a state or private mental health or intellectual disability facility may be transferred to another mental health or intellectual disability facility if:  (1) the director of a state institution not under the jurisdiction of the Department of Mental Health requests the admission of a person confined there to a state mental health facility if the person is suspected of having a mental illness. If after full examination by two designated examiners, one of whom must be a licensed physician, the director of the mental health facility is of the opinion that the person has a mental illness, the director shall notify the director of the institution or the facility to which the person was admitted who shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610;  (2) the director of a facility in which the patient resides determines that it would be consistent with the medical needs of the person, the Department of Mental Health may transfer or authorize the transfer of the patient from one facility to another. If the transfer is from a less restricted facility to a substantially more secure facility and the patient objects to the transfer, a hearing to give the patient a reasonable opportunity to contest the transfer must be held pursuant to Sections 44-17-540 through 44-17-570. When a patient is transferred, written notice must be given to the patient's legal guardian, attorney, parents, or spouse or, if none be known, to the patient's nearest known relative or friend. This section may not be construed to apply to transfers of a patient within a mental health facility; or  (3) the legal guardian, parent, spouse, relative, or friend of an involuntary patient submits a request for the transfer of the patient from one Department of Mental Health facility to another and the reasons for desiring the transfer and unless the Department of Mental Health reasonably determines that it would be inconsistent with the medical needs of the person, the transfer must be made. If the transfer is from a less restricted to a substantially more secure facility, item (2) governs.  HISTORY: 1962 Code Section 32-974; 1974 (58) 2642; 1977 Act No. 99 Section 15; 1993 Act No. 34, Section 1; 1993 Act No. 181, Section 1084; 2008 Act No. 266, Section 8, eff June 4, 2008; 2011 Act No. 47, Section 5, eff June 7, 2011.
SC Code § 44-23-220 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-220. Admission of persons in jail.

 No person who is mentally ill or who has an intellectual disability shall be confined for safekeeping in any jail. If it appears to the officer in charge of the jail that such a person is in prison, he shall immediately cause the person to be examined by two examiners designated by the Department of Mental Health or the Department of Disabilities and Special Needs, or both, and if in their opinion admission to a mental health or intellectual disability facility is warranted, the officer in charge of the jail shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610, or Section 44-21-90. If hospitalization is ordered, the person shall be discharged from the custody of the officer in charge of the jail and shall be admitted to an appropriate mental health or intellectual disability facility.  HISTORY: 1962 Code Section 32-975; 1974 (58) 2642; 1993 Act No. 181, Section 1085; 2011 Act No. 47, Section 5, eff June 7, 2011.
SC Code § 44-23-240 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-240. Causing unwarranted confinement.

 Any person who wilfully causes, or conspires with or assists another to cause the unwarranted confinement of any individual under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1, of Chapter 15, Chapter 17, or Chapter 27, shall be fined not exceeding one thousand dollars or imprisoned for not exceeding one year, or both.  HISTORY: 1962 Code Section 32-916; 1952 (47) 2042; 1974 (58) 2642; 2011 Act No. 47, Section 5, eff June 7, 2011.
SC Code § 44-23-250 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-250. Signature of director of state mental health facility defined.

 Whenever reference is made requiring the signature of the director of any state mental health facility, the reference means the director of the facility or the director's designee.  HISTORY: 1962 Code Section 32-916.1; 1967 (55) 317; 2008 Act No. 266, Section 9, eff June 4, 2008; 2011 Act No. 47, Section 5, eff June 7, 2011.
SC Code § 44-23-420 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-420. Designated examiners' report.

 (A) Within ten days of examination under Section 44-23-410(A)(1) or at the conclusion of the observation period under Section 44-23-410(A)(2), the designated examiners shall make a written report to the court which shall include:  (1) a diagnosis of the person's mental condition; and  (2) clinical findings bearing on the issues of whether or not the person is capable of understanding the proceedings against him and assisting in his own defense, and if there is a substantial probability that he will attain that capacity in the foreseeable future.  (B) The report of the designated examiners shall not contain any findings nor shall the examiners testify on the question of insanity should it be raised as a defense unless further examination on the question of insanity is ordered by the court.  (C) The report is admissible as evidence in subsequent hearings pursuant to Section 44-23-430.  HISTORY: 1962 Code Section 32-978; 1974 (58) 2642; 2006 Act No. 400, Section 2, eff September 29, 2006; 2011 Act No. 47, Section 5, eff June 7, 2011.
SC Code § 44-23-430 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-430. Hearing on fitness to stand trial; effect of outcome.

 Upon receiving the report of the designated examiners, the court shall set a date for and notify the person and his counsel of a hearing on the issue of his fitness to stand trial. If, in the judgment of the designated examiners or the superintendent of the facility if the person has been detained, the person is in need of hospitalization, the court with criminal jurisdiction over the person may authorize his detention in a suitable facility until the hearing. The person shall be entitled to be present at the hearings and to be represented by counsel. If upon completion of the hearing and consideration of the evidence the court finds that:  (1) the person is fit to stand trial, it shall order the criminal proceedings resumed; or  (2) the person is unfit to stand trial for the reasons set forth in Section 44-23-410 and is unlikely to become fit to stand trial in the foreseeable future, the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Section 44-20-450 within fourteen days, excluding Saturdays, Sundays, and holidays, during which time the court may order the person hospitalized, may order the person to continue in detention if detained, or, if on bond, may permit the person to remain on bond; or  (3) the person is unfit to stand trial but likely to become fit in the foreseeable future, the court shall order him hospitalized up to an additional sixty days. If the person is found to be unfit at the conclusion of the additional period of treatment, the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Section 44-20-450 within fourteen days, excluding Saturdays, Sundays, and holidays, during which time the person shall remain hospitalized.  Subject to the provisions of Section 44-23-460, persons against whom criminal charges are pending shall have all the rights and privileges of other involuntarily hospitalized persons.  Persons against whom criminal charges are pending but who are not involuntarily committed following judicial admission proceedings shall be released.  HISTORY: 1962 Code Section 32-979; 1974 (58) 2642; 1977 Act No. 99, Section 16; 1997 Act No. 52, Section 2; 2006 Act No. 400, Section 3, eff September 29, 2006; 2011 Act No. 47, Section 5, eff June 7, 2011.
SC Code § 44-23-440 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-440. Finding of unfitness to stand trial shall not preclude defense on merits.

 A finding of unfitness to stand trial under Section 44-23-430 does not preclude any legal objection to the prosecution of the individual which is susceptible of fair determination prior to trial and without the personal participation of the defendant.  If either the person found unfit to stand trial or his counsel believes he can establish a defense of not guilty to the charges other than the defense of insanity, he may request an opportunity to offer a defense on the merits to the court. The court may require affidavits and evidence in support of such request. If the court grants such request, the evidence of the State and the defendant shall be heard before the court sitting without a jury. If after hearing such petition the court finds the evidence is such as would entitle the defendant to a directed verdict of acquittal, it shall dismiss the indictment or other charges.  HISTORY: 1962 Code Section 32-981; 1974 (58) 2642; 1977 Act No. 99, Section 17; 2011 Act No. 47, Section 5, eff June 7, 2011.
SC Code § 44-23-450 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-450. Reexamination of finding of unfitness.

 A finding of unfitness to stand trial under Section 44-23-430 may be reexamined by the court upon its own motion, or that of the prosecuting attorney, the person found unfit to stand trial, his legal guardian, or his counsel. Upon receipt of the petition, the court shall order an examination by two designated examiners whose report shall be submitted to the court and shall include underlying facts and conclusions. The court shall notify the individual, his legal guardian, and his counsel of a hearing at least ten days prior to such hearing. The court shall conduct the proceedings in accordance with Section 44-23-430, except that any petition that is filed within six months after the initial finding of unfitness or within six months after the filing of a previous petition under this section shall be dismissed by the court without a hearing.  HISTORY: 1962 Code Section 32-982; 1974 (58) 2642; 1977 Act No. 99, Section 17; 2011 Act No. 47, Section 5, eff June 7, 2011.
SC Code § 44-23-460 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 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.
SC Code § 44-23-1080 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-1080. Patients and prisoners denied access to alcoholic beverages, firearms, dangerous weapons, and controlled substances.

 No patient or prisoner under the jurisdiction of the South Carolina Department of Mental Health is allowed access to alcoholic beverages, firearms, dangerous weapons, or controlled substances as defined by Section 44-53-110. Any person who intentionally or negligently allows patients or prisoners of the department access to these items or who attempts to furnish these items to patients or prisoners of the department is guilty:  (1) in the case of alcoholic beverages or controlled substances, of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars or imprisonment for not less than thirty days nor more than ten years, or both; and  (2) in the case of firearms or dangerous weapons, of a felony and, upon conviction, must be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both.  HISTORY: 1962 Code Section 32-1000.1; 1974 (58) 2642; 1984 Act No. 426, Section 1; 1988 Act No. 311, Section 1.