The Supreme Court of South Carolina

Re:  SCCA Form 221C Order—Finding of Lack of Competence to Stand Trial for the 
Foreseeable Future and Ordering Probate Commitment Proceedings (SCCA 221C)

ADMINISTRATIVE ORDER

Pursuant to the provisions of S.C. Const. Art. V § 4,

IT IS ORDERED that SCCA Form 221C, Order—Finding of Lack of Competence to Stand Trial for the Foreseeable Future and Ordering Probate Commitment Proceedings, is approved for use in the Circuit Courts of South Carolina. The form supersedes all previous versions.

The Form Order provides alternatives depending upon whether the Defendant’s incompetence to stand trial is due to mental illness or due to an intellectual disability or a related disability. It also includes a new requirement that, in the event a defendant is not eligible for probate commitment, the defendant is then to be brought back before the General Sessions Court so that bond provisions, an order of protection with regard to the victim, or other protective measures can be undertaken.

This form shall be available on the South Carolina Judicial Department website at www.sccourts.org under the ‘Forms’ link.

IT IS SO ORDERED.

Columbia, South Carolina
April 1, 2013