If a patient involuntarily committed to a facility under the jurisdiction of the Office of Mental Health is absent without proper authorization, a state or local law enforcement officer or employee of the office appointed pursuant to Section 44-11-70, upon the request of the facility superintendent or director or a designee and without the necessity of a warrant or a court order, may take the patient into custody and return the patient to a facility designated by the office. No person may be reconfined pursuant to this section after being continuously absent from the jurisdiction of the office for at least one year unless criminal charges are still pending against the patient or unless he was committed to a facility of the office pursuant to Chapter 24, Title 17. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
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