Nothing in this article affects a court's duty to conduct a hearing on the issue of a person's fitness to stand trial pursuant to Section 44-23-430. A solicitor shall not dismiss charges against a person prior to such hearing based solely on the person's fitness to stand trial.
Fitness to stand trial
S.C. Code Ann. § 23-31-1060, under Title 23, Chapter 31.
S.C. Code Ann. § 23-31-1060