(A) Within ten days of examination under § 44-23-410(A)(1) or at the conclusion of the observation period under § 44-23-410(A)(2), the designated examiners shall make a written report to the court which shall include:

(1) a diagnosis of the person’s mental condition; and

Terms Used In South Carolina Code 44-23-420

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Observation: means diagnostic evaluation, medical, psychiatric and psychological examination, and care of a person for the purpose of determining his mental condition. See South Carolina Code 44-23-10
  • Testify: Answer questions in court.

(2) clinical findings bearing on the issues of whether or not the person is capable of understanding the proceedings against him and assisting in his own defense, and if there is a substantial probability that he will attain that capacity in the foreseeable future.

(B) The report of the designated examiners shall not contain any findings nor shall the examiners testify on the question of insanity should it be raised as a defense unless further examination on the question of insanity is ordered by the court.

(C) The report is admissible as evidence in subsequent hearings pursuant to § 44-23-430.