What if a person with mental illness is accused of a crime?

In South Carolina, a person with mental illness may face legal proceedings if they are accused of a crime. Depending on the situation, a person with mental illness may be able to get a competency evaluation, which determines if they are competent to stand trial. In the event that a person with mental illness is deemed competent to stand trial, they will go through the regular trial process and face all applicable penalties for their crime. However, if it is determined that the person is not competent to stand trial due to their mental illness, they may be referred to a specialized mental health court to receive appropriate treatment related to their illness. In the mental health court, the individual will receive specialized treatment in order to restore them to competency, and to help them manage their mental illness. If the court determines that the individual is too dangerous to be released, they may be committed to a mental health facility until they are able to be released in a safe manner. Ultimately, if a person with mental illness is accused of a crime in South Carolina, they may face legal proceedings, depending on the circumstance.

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