South CarolinaSouth Carolina



Competency/ Insanity 





Special Rules 



Death Penalty 


No person who is mentally ill or who has an intellectual disability shall be confined only for safekeeping in any jail. S.C. Code Ann. § 44-23-220

Juveniles post-conviction:  No juvenile may be committed to an institution under the control of the Department of Juvenile Justice who is seriously handicapped by mental illness or retardation. If, after a juvenile is referred to the Reception and Evaluation Center, it is determined that the juvenile is mentally ill or a person with intellectual disability to an extent that the juvenile could not be properly cared for in its custody, the department through the voluntary admission process or by instituting necessary legal action may accomplish the transfer of the juvenile to another state agency which in its judgment is best qualified to care for the juvenile in accordance with the laws of this State.  S.C. Code Ann. § 63-19-1450