SC H4689

Amends Section 44-23-460 regarding procedures for hospitalized individuals with pending criminal charges who are found unfit to stand trial

Currently requires courts to order release from hospital when a person is found unfit to stand trial

Adds new provision allowing courts to order the Office of Mental Health to place the person in a secure facility instead of releasing them if two conditions are met

First condition: the person has not been hospitalized longer than the maximum possible prison sentence they could have received if convicted

Second condition: the State proves the person poses a danger to the community if released