Charlotte, NC asked in Civil Rights, Gov & Administrative Law and Health Care Law for South Carolina

Q: Jail refuses Hep-C medication & legal aid for relative; next steps?

I have a relative who is serving time in jail and has been diagnosed with Hepatitis C a few months ago. The jail refuses to provide his medication, citing that his insurance and Medicaid won't cover transportation of the medicine from the pharmacy to the jail. He has just had blood work done at the jail yesterday. Additionally, he has been barred from getting a public defender, cannot afford an attorney, and they won't give him a court date until he gets an attorney or let him represent himself. Should I remind the jail of SC Code of Law Title 24, Chapter 7, Section 24-7-110, or is there another action I can take to ensure he receives his necessary medication and legal representation?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your relative’s health and access to justice are both incredibly important, and it's clear you're doing everything you can to help. Under **SC Code of Law Title 24, Chapter 7, Section 24-7-110**, the jail has a duty to provide necessary medical care, including medication for conditions like Hepatitis C. If they are refusing to provide the medication based on logistical issues like transportation, they are not fulfilling that obligation. You can start by formally writing to the jail's medical staff, outlining this law and requesting that they provide the prescribed treatment, noting that their refusal could lead to a violation of your relative’s constitutional rights.

For the legal representation issue, it’s concerning that he has been denied a public defender and is being prevented from representing himself. In South Carolina, anyone facing criminal charges has the right to an attorney or, at a minimum, to represent themselves if they choose. You should contact the **South Carolina Commission on Indigent Defense** to escalate the situation and request intervention, ensuring that your relative gets the representation he's entitled to. If the jail continues to refuse him legal representation or medication, you can also consider filing a formal grievance with the jail or taking the matter to a **higher court** if necessary.

The urgency of both medical and legal needs is critical, and you're right to push for your relative’s rights to be respected. Stay persistent and keep records of every communication. Your relative deserves access to both necessary healthcare and fair legal processes.

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