South Carolina audit finds the state hospital agency has too little time to restore defendants to competency
The Legislative Audit Council reviewed several issues at the South Carolina Department of Mental Health at the request of a Senate oversight committee, including a chapter on how long the department has to evaluate and restore defendants. State law gave the department 45 days for an initial competency evaluation and 60 days for inpatient restoration.
The auditors found that over three fiscal years, 41 percent of referred defendants were restored within 60 days, while research suggests 75 to 90 percent can be restored with about six months of inpatient treatment. South Carolina's 60-day cap was shorter than every other Southeastern state the council contacted. The department's average forensic census had grown from 162 to 198 patients over three years, and its forensic budget was about $28 million.
The council recommended that the General Assembly lengthen the maximum restoration period to six months, while noting that court administrators and the corrections department worried about the added burden on beds and prisons.
Source: A Limited Review of Issues at the S.C. Department of Mental Health — South Carolina Legislative Audit Council
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