S.C. Code Ann. § 24-19-10 — SC Code / Title 24 / Chapter 19 / Section 24-19-10
SECTION 24-19-10. Definitions.
Status: in_force

As used herein: (a) "Department" means the Department of Corrections. (b) "Division" means the Youthful Offender Division. (c) "Director" means the Director of the Department of Corrections. (d) "Youthful offender" means an offender who is: (i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 63-19-1210, for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of fifteen years or less; (ii) seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less; (iii) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 63-19-1210, for allegedly committing burglary in the second degree (Section 16-11-312). If the offender committed burglary in the second degree pursuant to Section 16-11-312(B), the offender must receive and serve a minimum sentence of at least three years, no part of which may be suspended, and the person is not eligible for conditional release until the person has served the three-year minimum sentence; (iv) seventeen but less than twenty-one years of age at the time of conviction for burglary in the second degree (Section 16-11-312). If the offender committed burglary in the second degree pursuant to Section 16-11-312(B), the offender must receive and serve a minimum sentence of at least three years, no part of which may be suspended, and the person is not eligible for conditional release until the person has served the three-year minimum sentence; (v) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 63-19-1210 for allegedly committing criminal sexual conduct with a minor in the third degree, pursuant to Section 16-3-655(C), and the alleged offense involved consensual sexual conduct with a person who was at least fourteen years of age at the time of the act; or (vi) seventeen but less than twenty-five years of age at the time of conviction for committing criminal sexual conduct with a minor in the third degree, pursuant to Section 16-3-655(C), and the conviction resulted from consensual sexual conduct, provided the offender was eighteen years of age or less at the time of the act and the other person involved was at least fourteen years of age at the time of the act. (e) "Treatment" means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youthful offenders; this may also include vocational and other training considered appropriate and necessary by the division. (f) "Conviction" means a judgment in a verdict or finding of guilty, plea of guilty, or plea of nolo contendere to a criminal charge where the imprisonment is at least one year, but excluding all offenses in which the maximum punishment provided by law is death or life imprisonment. Effect of Amendment The 2010 amendment rewrote the definition for "youthful offender". The 2012 amendment substituted "criminal sexual conduct with a minor in the third degree pursuant to Section 16-3-655(C)" for "a lewd act upon a child pursuant to Section 16-15-140" in subsections (d)(v) and (d)(vi). 2016 Act No. 154, SECTION 4, in (d), added a comma following "Section 63-19-1210" in (i) and (iii); and inserted "If the offender committed burglary in the second degree pursuant to Section 16-11-312(B)," in (iii) and (iv).
S.C. Code Ann. § 24-3-130 — SC Code / Title 24 / Chapter 3 / Article 1 / Section 24-3-130
SECTION 24-3-130. Use of inmate labor on State highways or other public projects.
Status: in_force

(A) The Department of Corrections may permit the use of inmate labor on state highway projects or other public projects that may be practical and consistent with safeguarding of the inmates employed on the projects and the public. The Department of Transportation, another state agency, or a county, municipality, or public service district making a beneficial public improvement may apply to the department for the use of inmate labor on the highway project or other public improvement or development project. If the director determines that the labor may be performed with safety and the project is beneficial to the public, he may assign inmates to labor on the highway project or other public purpose project. The inmate labor force must be supervised and controlled by officers designated by the department but the direction of the work performed on the highway or other public improvement project must be under the control and supervision of the person designated by the agency, county, municipality, or public service district responsible for the work. No person convicted of criminal sexual conduct in the first, second, or third degree or a person who commits a violent crime while on a work release program may be assigned to perform labor on a project described by this section. (B) The authorities involved may enter into contracts to implement the provisions of this section. (C) Notwithstanding any other provisions of this chapter, inmates constructing work camps on county property must be supervised and controlled by armed officers and must be drawn exclusively from minimum security facilities. A work camp constructed or operated by the Department of Corrections must house only offenders classified as nonviolent. The contracting officials for the county utilizing prison inmate labor must be provided by the Department of Corrections with the most recent information concerning the composition of all work crews including the respective offenses for which the inmates have been sentenced and their custody levels. Effect of Amendment The 2010 amendment in subsection (A), in the first sentence deleted "prison" before "inmate labor", and made other nonsubstantive changes in subsection (A).
S.C. Code Ann. § 24-21-1310 — SC Code / Title 24 / Chapter 21 / Article 13 / Section 24-21-1310
SECTION 24-21-1310. Development and operation; inmate eligibility.
Status: in_force

(A) Notwithstanding another provision of law, the Department of Probation, Parole and Pardon Services may develop and operate day reporting centers for eligible inmates and eligible offenders, if the General Assembly appropriates funds to operate these centers. The Department of Probation, Parole and Pardon Services shall develop policies, procedures, and guidelines for the operation of day reporting centers. The period of time an eligible inmate or offender is required to participate in a day reporting program and the individual terms and conditions of an eligible inmate's or offender's placement and participation are at the joint discretion of the Department of Corrections and the Department of Probation, Parole and Pardon Services. (B) An inmate or offender has no right to be placed in a day reporting center. The Department of Corrections and the Department of Probation, Parole and Pardon Services have absolute discretion to place an eligible inmate or offender in a day reporting center and nothing in this article may be construed to entitle an inmate or offender to participate in a day reporting center program.
S.C. Code Ann. § 24-28-30 — SC Code / Title 24 / Chapter 28 / Section 24-28-30
SECTION 24-28-30. Powers and duties of committee.
Status: in_force

The oversight committee has the following powers and duties: (1) to review the implementation of the recommendations made in the Sentencing Reform Commission report of February 2010 including, but not limited to: (a) the plan required from the Department of Probation, Parole and Pardon Services on the parole board training and other goals identified in Section 24-21-10; (b) the report from the Department of Probation, Parole and Pardon Services on its goals and development of assessment tools consistent with evidence-based practices; (c) the report from the Office of Pretrial Intervention Coordinator in the Commission on Prosecution Coordination on diversion programs required by the provisions of Article 11, Chapter 22, Title 17; and (d) the report from the Department of Probation, Parole and Pardon Services on: (i) the number and percentage of individuals placed on administrative sanctions and the number and percentage of individuals who have earned compliance credits; and (ii) the number and percentage of probationers and parolees whose supervision has been revoked for violations of conditions or for convictions of new offenses; (2) to request data similar to the information contained in the report required by Section 17-22-1120 from private organizations whose programs are operated through a court and that divert individuals from prosecution, incarceration, or confinement, such as diversion from incarceration for failure to pay child support, and whose programs are sanctioned by, coordinated with, or funded by federal, state, or local governmental agencies; (3)(a) to annually calculate: (i) any state expenditures that have been avoided by reductions in the revocation rate as calculated by the Department of Probation, Parole and Pardon Services and reported under Sections 24-21-450 and 24-21-680; and (ii) any state expenditures that have been avoided by reductions in the new felony offense conviction rate as calculated by the Department of Probation, Parole and Pardon Services and reported under Sections 24-21-450 and 24-21-680; (b) to develop rules and regulations for calculating the savings in item (3)(a), which shall account at a minimum for the variable costs averted, such as food and medical expenses, and also consider fixed expenditures that are avoided if larger numbers of potential inmates are avoided; (c) on or before December first of each year, beginning in 2011, to report the calculations made pursuant to item (3)(a) to the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the South Carolina Supreme Court, and the Governor. The report also shall recommend whether to appropriate up to thirty-five percent of any state expenditures that are avoided as calculated in item (3)(a) to the Department of Probation, Parole and Pardon Services; (d) with respect to the recommended appropriations in item (c), none of the calculated savings shall be recommended for appropriation for that fiscal year if there is an increase in the percentage of individuals supervised by the Department of Probation, Parole and Pardon Services who are convicted of a new felony offense as calculated in subitem (3)(a)(ii); (e) any funds appropriated pursuant to the recommendations in item (c) shall be used to supplement, not replace, any other state appropriations to the Department of Probation, Parole and Pardon Services; (f) funds received through appropriations pursuant to this item shall be used by the Department of Probation, Parole and Pardon Services for the following purposes: (i) implementation of evidence-based practices; (ii) increasing the availability of risk reduction programs and interventions, including substance abuse treatment programs, for supervised individuals; or (iii) grants to nonprofit victim services organizations to partner with the Department of Probation, Parole and Pardon Services and courts to assist victims and increase the amount of restitution collected from offenders; (4) to submit to the General Assembly, on an annual basis, the oversight committee's evaluation of the implementation of the recommendations of the Sentencing Reform Commission report of February 2010; (5) to make reports and recommendations to the General Assembly on matters relating to the powers and duties set forth in this section, including recommendations on transfers of funding based on the success or failure of implementation of the recommendations; and (6) to undertake such additional studies or evaluations as the oversight committee considers necessary to provide sentencing reform information and analysis.
S.C. Code Ann. § 24-21-1330 — SC Code / Title 24 / Chapter 21 / Article 13 / Section 24-21-1330
SECTION 24-21-1330. Pilot project day reporting center program; termination.
Status: in_force

The pilot project day reporting center program terminates twelve months from its opening, unless extended by the General Assembly.
S.C. Code Ann. § 24-3-180 — SC Code / Title 24 / Chapter 3 / Article 1 / Section 24-3-180
SECTION 24-3-180. Transportation and clothes for discharged inmates.
Status: in_force

Whenever an inmate is discharged from a state prison, the Department of Corrections shall furnish the inmate with a suit of common clothes, if necessary, and transportation from the prison to his home or as near to it as can be done by public conveyances. The cost of transportation and clothes must be paid by the State Treasurer, on the draft of the department, countersigned by the Comptroller General. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-21-1120 — SC Code / Title 24 / Chapter 21 / Article 12 / Section 24-21-1120
SECTION 24-21-1120. Interstate Commission for Adult Offender Supervision; state council; creation; members; quorum; meetings; Executive Committee.
Status: in_force

(A) The compacting states hereby create the " Interstate Commission for Adult Offender Supervision". The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties contained in this article, including the power to sue and be sued, and any additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. (B)(1) The Interstate Commission shall consist of commissioners selected and appointed by the compacting states. The Governor shall appoint as commissioner from the State of South Carolina the Director of the South Carolina Department of Probation, Parole and Pardon Services, or his designee. The commissioner, acting jointly with similar officers appointed in other states, shall promulgate rules and regulations necessary to effectively carry out the terms of this compact. (2) The Director of the South Carolina Department of Probation, Parole and Pardon Services, or his designee, must serve as Compact Administrator for the State of South Carolina. (3) The Director of the South Carolina Department of Probation, Parole and Pardon Services must establish a state council for Interstate Adult Offender Supervision. The membership of the state council must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and compact administrators. The state council shall act as an advisory body to the commissioner regarding the activities of the state's interstate compact office, engage in advocacy activities concerning the state's participation in interstate commission activities, and perform other duties determined by the commissioner. (C) In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations. The noncommissioner members must include a member of the National Organization of Governors, legislators, state chief justices, attorneys general, and crime victims. All noncommissioner members of the Interstate Commission shall be ex-officio nonvoting members. The Interstate Commission may provide in its by-laws for additional ex-officio nonvoting members as it considers necessary. (D) Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission. (E) The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. (F) The Interstate Commission shall establish an Executive Committee which shall include commission officers, members, and others as shall be determined by the by-laws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of making rules and amendments to the compact. The Executive Committee shall oversee the day-to-day activities managed by the Executive Director and Interstate Commission staff. It shall administer enforcement and compliance with the provisions of the compact, its by-laws, and as directed by the Interstate Commission and perform other duties as directed by the commission or set forth in the by-laws.
S.C. Code Ann. § 24-13-180 — SC Code / Title 24 / Chapter 13 / Article 1 / Section 24-13-180
SECTION 24-13-180. Paroled inmate rehabilitation facilities; public hearings; exemptions.
Status: in_force

(A) Any public, private, or nonprofit entity whose primary purpose is in helping to rehabilitate and reintroduce into the community paroled inmates and which as part of its program provides or furnishes residential housing in the community to these parolees on either an individual or communal basis must comply with the following provisions of this section in addition to all other requirements of law: (1) The entity, at least sixty days before locating any parolees in any type of residential facility, including manufactured homes, must publish a notice in a newspaper of general circulation in the community giving the date, time, and location of the public hearing, and the address of where the residential facility will be located and post a conspicuous notice at the proposed location. A separate notice is required each time such a facility is to be opened. (2) A public hearing must be conducted by the entity at least thirty days before the first residential facility opens in the community where all residents of the community must be given an opportunity to comment on the program and on the location of any or all of the proposed facilities which have been determined by the entity as of the date of the public hearing. The hearing is for informational purposes only and does not bind the decision-making authority of the entity. The entity solely is responsible for organizing and conducting the hearing. A separate public hearing is required each time a facility is to be opened if more than ninety days has transpired since the last public hearing. (B) The Department of Probation, Parole and Pardon Services and its staff members are exempt from the provisions of this section. Family members or other persons providing housing to a parolee, but not operating an on-going program targeting the reintegration of parolees, are exempt from the provisions of this section. (C) This section only applies to a county, incorporated municipality, or town where there are no zoning requirements. (D) The provisions of this section must be complied with before a facility may be opened after the effective date of this section.
S.C. Code Ann. § 24-13-1940 — SC Code / Title 24 / Chapter 13 / Article 19 / Section 24-13-1940
SECTION 24-13-1940. Operation of centers; rules and regulations; funding and lease of building.
Status: in_force

For the Department of Corrections to establish and maintain a center for alcohol and drug rehabilitation, its director shall coordinate with the Office of Substance Use Services to: (1) develop policies and procedures for the operation of the center for alcohol and drug rehabilitation; (2) fund other management options advantageous to the State including, but not limited to, contracting with public or nonpublic entities for the management of a center for alcohol and drug rehabilitation; (3) lease buildings; (4) develop standards for alcohol and drug abuse counseling for offenders sentenced to a center for alcohol and drug rehabilitation; (5) develop standards for disciplinary rules to be imposed on residents of a center for alcohol and drug rehabilitation. 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.
S.C. Code Ann. § 24-21-960 — SC Code / Title 24 / Chapter 21 / Article 11 / Section 24-21-960
SECTION 24-21-960. Pardon application fee; reapplication after denial.
Status: in_force

(A) Each pardon application must be accompanied with a pardon application fee of one hundred dollars. The pardon application fee must be retained and applied by the department toward the pardon process. (B) Any individual who has an application for pardon considered but denied, must wait one year from the date of denial before filing another pardon application and fee. Effect of Amendment The 2008 amendment, in subsection (A), substituted "one hundred dollars" for "fifty dollars".
S.C. Code Ann. § 24-3-930 — SC Code / Title 24 / Chapter 3 / Article 9 / Section 24-3-930
SECTION 24-3-930. Guards, keepers, and other employees exempt from jury, military, or street duty.
Status: in_force

All guards, keepers, officers, and other employees who are employed at the state prison system are exempted from serving on juries and from military or street duty. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-3-710 — SC Code / Title 24 / Chapter 3 / Article 7 / Section 24-3-710
SECTION 24-3-710. Conduct in state prison system.
Status: in_force

The director may investigate any misconduct occurring in the state prison system, provide suitable punishment and execute it, and take all precautionary measures as in his judgment will make for the safe conduct and welfare of the institutions. The director may suppress any disorders, riots, or insurrections that may take place in the prison system and prescribe rules and promulgate regulations which in his judgment are reasonably necessary to avoid any occurrence. This same authority applies to the official in charge of a county, municipal, or regional jail, detention facility, or other local facility that houses individuals awaiting trial, serving sentence, or awaiting transfer to another facility, or both. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-21-1300 — SC Code / Title 24 / Chapter 21 / Article 13 / Section 24-21-1300
SECTION 24-21-1300. Definitions.
Status: repealed

(A) The Department of Probation, Parole and Pardon Services may develop and operate day reporting centers within the State. (B) "Day reporting center" means a state facility providing supervision of inmates or offenders placed on supervision, which includes, but is not limited to, mandatory reporting, program participation, drug testing, community service, and any other conditions as determined by the Department of Corrections and the Department of Probation, Parole and Pardon Services. (C) "Eligible inmate" means a person sentenced to imprisonment for more than three months, excluding a person sentenced for: (1) a violent crime, as provided for in Section 16-1-60; (2) a Class A, B, or C felony, as provided for in Section 16-1-20; (3) the following Class D felonies: (a) robbery, as provided for in Section 16-11-325; (b) disseminating obscene material to a minor twelve years of age or younger, as provided for in Section 16-15-355; and (c) aggravated stalking, as provided for in Section 16-3-1730(C); (4) an unclassified crime which carries a maximum term of imprisonment of fifteen years or more, as provided for in Section 16-1-10(D); (5) the unclassified crime of assault and battery of a high and aggravated nature in which the original indictment was for an offense that would require registration as a sex offender, as provided for in Section 23-3-430; or (6) a crime which requires a registration as a sex offender, as provided for in Section 23-3-430. "Eligible inmate" does not include a person who does not provide an approved in-state residence as determined jointly by the Department of Corrections and the Department of Probation, Parole and Pardon Services. (D) "Eligible offender" means a person placed on probation, parole, community supervision, or any other supervision program operated by the Department of Probation, Parole and Pardon Services, excluding a person sentenced for: (1) a violent crime, as provided for in Section 16-1-60; (2) a Class A, B, or C felony, as provided for in Section 16-1-20; (3) the following Class D felonies: (a) robbery, as provided for in Section 16-11-325; (b) disseminating obscene material to a minor twelve years of age or younger, as provided for in Section 16-15-355; and (c) aggravated stalking, as provided for in Section 16-3-1730(C); (4) an unclassified crime which carries a maximum term of imprisonment of fifteen years or more, as provided for in Section 16-1-10(D); (5) the unclassified crime of assault and battery of a high and aggravated nature in which the original indictment was for an offense that would require registration as a sex offender, as provided for in Section 23-3-430; or (6) a crime which requires a registration as a sex offender, as provided for in Section 23-3-430. "Eligible offender" does not include a person who does not provide an approved in-state residence as determined jointly by the Department of Corrections and the Department of Probation, Parole and Pardon Services. Editor's Note 2008 Act No. 284, SECTION 3, provides as follows: "This act takes effect upon approval by the Governor and must be implemented upon the appropriations of sufficient funds by the General Assembly." 2010 Act No. 273, SECTION 7.C, provides: "Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29."
S.C. Code Ann. § 24-3-330 — SC Code / Title 24 / Chapter 3 / Article 3 / Section 24-3-330
SECTION 24-3-330. Purchase of products produced by inmate labor by State and political subdivisions.
Status: in_force

(A) All offices, departments, institutions, and agencies of this State supported in whole or in part by this State shall purchase, and all political subdivisions of this State may purchase, from the Department of Corrections, articles or products made or produced by inmate labor in this State or another state as provided for by this article. These articles and products must not be purchased by an office, a department, an institution, or an agency from another source, unless excepted from the provisions of this section, as provided by law. All purchases must be made from the Department of Corrections, upon requisition by the proper authority of the office, department, institution, agency, or political subdivision of this State requiring the articles or products. (B) The Materials Management Office of the Division of General Services shall monitor the cooperation of state offices, departments, institutions, and agencies in the procurement of goods, products, and services from the Division of Prison Industries of the Department of Corrections. Effect of Amendment The 2010 amendment in the first sentence of subsection (A), substituted "inmate labor" for "convict labor".
S.C. Code Ann. § 24-5-20 — SC Code / Title 24 / Chapter 5 / Article 1 / Section 24-5-20
SECTION 24-5-20. Appointment of facility managers.
Status: in_force

Except as otherwise provided, every sheriff in this State who has control of a jail shall appoint a qualified person as facility manager. This person shall have the control and custody of the jail under the supervision of the sheriff. However, should the sheriff not have control of the jail, then this appointment falls to the chief administrative officer of the county in whose jurisdiction the jail lies. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-1-220 — SC Code / Title 24 / Chapter 1 / Section 24-1-220
SECTION 24-1-220. Suits to be brought in name of director.
Status: in_force

All actions or suits at law accruing to the department shall be brought in the name of the director, who shall also appear for and defend actions or suits at law in which it is to the interest of the department to appear as a party defendant. No suit or action at law shall be brought for or defended on behalf of the department except by authority of the director.
S.C. Code Ann. § 24-13-150 — SC Code / Title 24 / Chapter 13 / Article 1 / Section 24-13-150
SECTION 24-13-150. Early release, discharge, and community supervision; limitations; forfeiture of credits.
Status: in_force

(A) Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, an inmate convicted of a "no parole offense" as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including an inmate serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the inmate has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow an inmate convicted of murder or an inmate prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision. (B) If an inmate sentenced to the custody of the Department of Corrections and confined in a facility of the department, confined in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, or temporarily confined, held, detained, or placed in a facility which is not under the direct control of the department, to include an inmate on a labor crew or any other assigned detail or placement, or an inmate in transport status, commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If an inmate sentenced to a local detention facility or upon the public works of any county in this State, even when temporarily confined, held, detained, or placed in any facility which is not under the direct control of the local detention facility, to include an inmate on a labor crew or any other assigned detail or placement, or an inmate in transport status, commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the inmate. The decision to withhold credits is solely the responsibility of officials named in this subsection. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-21-55 — SC Code / Title 24 / Chapter 21 / Article 1 / Section 24-21-55
SECTION 24-21-55. Hearing fee.
Status: in_force

The Department of Probation, Parole and Pardon Services shall receive compensation in an amount provided by the General Assembly in the annual general appropriations act. Effect of Amendment The 2012 amendment substituted "compensation in an amount provided by the General Assembly in the annual appropriations act" for "a hearing fee under a plan approved by the Budget and Control Board".
S.C. Code Ann. § 24-11-10 — SC Code / Title 24 / Chapter 11 / Section 24-11-10
SECTION 24-11-10. Short title.
Status: in_force

This chapter may be cited as the Interstate Corrections Compact.
S.C. Code Ann. § 24-13-440 — SC Code / Title 24 / Chapter 13 / Article 5 / Section 24-13-440
SECTION 24-13-440. Carrying or concealing weapon; penalty.
Status: in_force

It is unlawful for an inmate of a state correctional facility or of a local detention facility to carry on his person or to have in his possession a dirk, slingshot, metal knuckles, razor, firearm, or an object, homemade or otherwise, that may be used for the infliction of personal injury upon another person, or to wilfully conceal any weapon within any Department of Corrections facility or other place of confinement. A person violating this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. A sentence imposed under this section must be served consecutively to any other sentence the inmate is serving. Effect of Amendment The 2010 amendment, in the first sentence, substituted "or of a local detention facility" for ", city or county jail, or public works of a county", "an object" for "any other deadly weapon", and "that may be" for "which usually is".
S.C. Code Ann. § 24-21-1130 — SC Code / Title 24 / Chapter 21 / Article 12 / Section 24-21-1130
SECTION 24-21-1130. Powers.
Status: in_force

The Interstate Commission shall have the following powers: (1) to adopt a seal and suitable by-laws governing the management and operation of the Interstate Commission; (2) to promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact; (3) to oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission; (4) to enforce compliance with compact provisions, Interstate Commission rules, and bylaws using all necessary and proper means including, but not limited to, the use of the judicial process; (5) to establish and maintain offices; (6) to purchase and maintain insurance and bonds; (7) to borrow, accept, or contract for services of personnel including, but not limited to, members and their staffs; (8) to establish and appoint committees and hire staff which it considers necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Section 24-21-1120(F) which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties; (9) to elect or appoint officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications, and to establish the Interstate Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel; (10) to accept donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of them; (11) to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any real, personal, or mixed property; (12) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any real, personal, or mixed property; (13) to establish a budget and make expenditures and levy dues as provided in Section 24-21-1180; (14) to sue and be sued; (15) to provide for dispute resolution among compacting states; (16) to perform the functions as may be necessary or appropriate to achieve the purposes of this compact; (17) to report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. The reports shall also include any recommendations that may have been adopted by the Interstate Commission; (18) to coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in this activity; and (19) to establish uniform standards for the reporting, collecting, and exchanging of data.
S.C. Code Ann. § 24-1-250 — SC Code / Title 24 / Chapter 1 / Section 24-1-250
SECTION 24-1-250. Sale of timber and horticultural products; utilization of funds.
Status: in_force

(A) The Department of Corrections is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department. Prior to such sales, the director shall consult with the State Forester to determine the economic and environmental feasibility of and obtain approval for such sales. Funds derived from timber sales shall be utilized by the Department of Corrections to maintain and expand the agricultural program subject to the approval of the Department of Administration or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population. (B) The Department of Corrections is hereby authorized to sell horticultural products suitable for commercial purposes that are grown or produced through the department's horticulture program. Notwithstanding any other provision of law, the proceeds from the sale of horticultural products by the Department of Corrections shall be retained by the agency to fund services benefiting the general welfare of all inmates. Effect of Amendment The 2008 amendment designated subsection (A) and added subsection (B) relating to horticultural products; and, in subsection (A), deleted the second sentence which limited sales to fifty thousand dollars in any one year, in the second sentence added "and environmental", and added the clause at the end of the third sentence following "Budget and Control Board".
S.C. Code Ann. § 24-21-615 — SC Code / Title 24 / Chapter 21 / Article 7 / Section 24-21-615
SECTION 24-21-615. Case of prisoner convicted of capital offense, review by board restricted.
Status: in_force

The board may not review the case of a prisoner convicted of a capital offense for the purpose of determining whether the person is entitled to any of the benefits provided in this chapter during the month of December of each year.
S.C. Code Ann. § 24-1-210 — SC Code / Title 24 / Chapter 1 / Section 24-1-210
SECTION 24-1-210. Department to prosecute violations relating to treatment of convicts.
Status: in_force

The department shall prosecute all violations of the law in reference to the treatment of convicts.
S.C. Code Ann. § 24-13-660 — SC Code / Title 24 / Chapter 13 / Article 7 / Section 24-13-660
SECTION 24-13-660. Public service work performed by inmates.
Status: in_force

(A) A criminal offender committed to incarceration anywhere in this State may be required by prison or jail officials to perform public service work or related activities while under the supervision of appropriate employees of a federal, state, county, or municipal agency, or of a regional governmental entity or special purpose district. Prison or jail officials shall make available each inmate who is assigned to the program for transportation to his place of work on all days when work is scheduled and shall receive each inmate back into confinement at the respective facility after work is concluded. This public service work is considered to be a contribution by the inmate toward the cost of his incarceration and does not entitle him to additional compensation. (B) No offender may be allowed to participate in these public service work activities unless he first is properly classified and approved to be outside the prison or jail without armed escort. (C) The public service work requirement in subsection (A) operates only when adequate supervision and accountability can be provided by the agency, entity, district, or organization which is responsible for the work or related activity. The types of public service work permitted to be performed include, but are not limited to, litter control, road and infrastructure repair, and emergency relief activities. (D) The South Carolina Department of Corrections may enter into a contractual agreement with any federal, state, county, or municipal agency, or with any regional governmental entity or public service district, to provide public service work or related activities through the use of inmate labor under authorized circumstances and conditions. A county municipal, or multijurisdictional jail, detention facility, or prison camp also may provide public service work or related activities through the use of inmate labor in accordance with the Minimum Standards for Local Detention Facilities in South Carolina and with applicable statutes and ordinances. (E) It is the policy of this State and its subdivisions to utilize criminal offenders for public service work or related activities whenever it is practical and is consistent with public safety. All eligible agencies, entities, districts, and organizations are encouraged to participate by using a labor force that can be adequately supervised and for which public service work or related activities are available. (F) Nothing in this section may be construed to prohibit or otherwise to limit the use of inmate labor by the South Carolina Department of Corrections within its own facilities or on its own property, or by any local governing body within its own facilities or on its own property. Further, nothing in this section prevents the South Carolina Department of Corrections or a local detention facility from escorting and supervising any inmate for a public purpose when the department or the local detention facility provides its own security. Effect of Amendment The 2010 amendment in subsection (D), inserted "county municipal, or multi-jurisdictional", "detention facility", and "prison" in the second sentence; and in the first sentence of subsection (F), substituted "local governing body" for "jail or camp", and inserted "or a local detention facility" and "or the local detention facility" in the second sentence.
S.C. Code Ann. § 24-23-10 — SC Code / Title 24 / Chapter 23 / Article 1 / Section 24-23-10
SECTION 24-23-10. Statewide case classification system and community-based correctional programs.
Status: in_force

The Board shall develop a plan for the implementation of a statewide case classification system. The Board, the Department of Corrections, and the Governor's Office shall jointly develop a specific plan for the statewide implementation of new community-based correctional programs. The plan shall include descriptions of the new programs, the eligibility criteria for placing offenders on the programs, the administrative and legal requirements for implementation, the projected impact of the programs on the state inmate population and the financial requirements and timetable for the statewide implementation of the programs. These plans shall be submitted to the Legislature by January, 1982.
S.C. Code Ann. § 24-21-237 — SC Code / Title 24 / Chapter 21 / Article 3 / Section 24-21-237
SECTION 24-21-237. Employee meals.
Status: in_force

Meals may be provided to employees of the department who are not permitted to leave duty stations and are required to work during deployments, actual emergencies, emergency simulation exercises, and when the Governor declares a state of emergency.
S.C. Code Ann. § 24-3-50 — SC Code / Title 24 / Chapter 3 / Article 1 / Section 24-3-50
SECTION 24-3-50. Failure to remain within extended limits of his confinement; penalty.
Status: in_force

The wilful failure of a prisoner to remain within the extended limits of his confinement as authorized by Section 24-3-20(b), or to return within the time prescribed to the designated place of confinement, including a local facility, is an escape and is punishable as provided in Section 24-13-410. Effect of Amendment The 2010 amendment inserted "including a local facility,", substituted "is an escape" for "shall be deemed an escape", deleted "from the custody of the Department of Corrections" following "an escape", and inserted "is" before "punishable".
S.C. Code Ann. § 24-27-100 — SC Code / Title 24 / Chapter 27 / Article 1 / Section 24-27-100
SECTION 24-27-100. Filing fees.
Status: in_force

Unless another provision of law permits the filing of civil actions without the payment of filing fees by indigent persons, if a prisoner brings a civil action or proceeding, the court, upon the filing of the action, shall order the prisoner to pay as a partial payment of any filing fees required by law a first-time payment of twenty percent of the preceding six months' income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income for this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of filing fees and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the filing fees are paid in full. The prisoner must file a certified copy of his trust account with the court that reflects the prisoner's balance at the time the complaint is filed unless the prisoner does not have a trust account.
S.C. Code Ann. § 24-21-970 — SC Code / Title 24 / Chapter 21 / Article 11 / Section 24-21-970
SECTION 24-21-970. Pardon considered in cases of terminal illness.
Status: in_force

Consideration shall be given to any inmate afflicted with a terminal illness where life expectancy is one year or less.
S.C. Code Ann. § 24-21-1220 — SC Code / Title 24 / Chapter 21 / Article 12 / Section 24-21-1220
SECTION 24-21-1220. Construction and application.
Status: in_force

(A)(1) Nothing in this article prevents the enforcement of another law of a compacting state that is consistent with this compact. (2) All compacting states' laws conflicting with this compact are superseded to the extent of the conflict. (B)(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states. (2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms. (3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding the meaning or interpretation. (4) In the event a provision of this compact exceeds the constitutional limits imposed on the legislature of a compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by the provision upon the Interstate Commission must be ineffective and the obligations, duties, powers, or jurisdiction must remain in the compacting state and must be exercised by the agency to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
S.C. Code Ann. § 24-3-410 — SC Code / Title 24 / Chapter 3 / Article 3 / Section 24-3-410
SECTION 24-3-410. Sale of prison made products on open market prohibited, exceptions; penalties.
Status: in_force

(A) It is unlawful to sell or offer for sale on the open market of this State articles or products manufactured or produced wholly or in part by inmates in this or another state. (B) The provisions of this section do not apply to: (1) articles manufactured or produced by persons on parole, probation, or community supervision; (2) the production of cattle, hogs, cotton, Turkish tobacco, soybeans, and wheat; (3) products sold by the Department of Corrections made by inmates in the hobbycraft program; (4) articles or products sold to nonprofit corporations incorporated under the provisions of Article 1, Chapter 31 of Title 33, or to organizations operating in this State which have been granted an exemption under Section 501(c) of the Internal Revenue Code of 1986; (5) road and street designation signs sold to private developers; (6) articles or products made in an adult work activity center established by the Department of Corrections through contracts with private sector businesses which provide work and vocational training opportunities for the physically handicapped, persons with intellectual disability, or aged inmates where the compensation is paid by the private sector business to the inmate on a piece completed basis; (7) products sold intrastate or interstate produced by inmates of the Department of Corrections employed in a federally certified private sector/prison industries program if the inmate workers participate voluntarily, receive comparable wages, and the work does not displace employed workers. For purposes of this item, "products" does not include goods and Standard Industrial Classification Code 27. The Department of Labor shall develop guidelines to determine if the work displaces employed workers. (C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five thousand dollars or imprisoned for not less than three months nor more than one year, or both. Each sale or offer for sale is a separate offense under this section. Proceeds of the sale of agricultural products, when produced by an instrumentality under control of the State Department of Corrections, must be applied as provided in Section 24-1-250.
S.C. Code Ann. § 24-21-920 — SC Code / Title 24 / Chapter 21 / Article 11 / Section 24-21-920
SECTION 24-21-920. Clemency in other cases.
Status: in_force

In all other cases than those referred to in Section 24-21-910 the right of granting clemency shall be vested in the Board.
S.C. Code Ann. § 24-19-120 — SC Code / Title 24 / Chapter 19 / Section 24-19-120
SECTION 24-19-120. Release of youthful offenders.
Status: in_force

(A) A youthful offender shall be released conditionally under supervision on or before the expiration of four years from the date of his conviction and shall be discharged unconditionally on or before six years from the date of his conviction. (B) The division must notify a victim registered pursuant to Article 15, Chapter 3, Title 16 before conditionally releasing or unconditionally discharging a youthful offender. Effect of Amendment The 2010 amendment added the subsection identifiers and added subsection (B) relating to notification to a registered victim.
S.C. Code Ann. § 24-3-220 — SC Code / Title 24 / Chapter 3 / Article 1 / Section 24-3-220
SECTION 24-3-220. Inmate privileges; attending funeral service; visiting family member in the hospital; transportation; notification.
Status: in_force

(A) Notwithstanding another provision of law, when the parent or parent substitute identified on an inmate's visitation list, sibling, spouse, child, grandparent, or grandchild of an inmate becomes seriously ill to the point of imminent death, or dies, and when the department has determined that there is no security risk to the public or institution, an inmate must be offered the choice either to attend the person's viewing or funeral service or, prior to the person's death, to visit the person in the hospital. The location of the viewing, funeral, or hospital visit must be in South Carolina. (B) The department must verify the person's relationship to the inmate and the person's illness or death. (C) The department shall provide the necessary security and transportation for the inmate. The department also may engage the services of the sheriff or any other certified law enforcement officer in order to provide the necessary security and transportation for the inmate. The department, sheriff, or other certified law enforcement officer that provides security and transportation for the inmate may collect the actual cost for security and transportation. The charge may not exceed the actual expense incurred by the department, sheriff, or other law enforcement agency. The charge must be collected in advance from a third party on behalf of the inmate or, if no third party pays, through a deduction from the inmate's trust account. (D) When applicable, the department shall notify the victim of the crime of which the inmate was convicted, or adjudicated guilty of committing, and notify the relatives of the victim who have applied for notification, as provided in Section 16-3-1530.
S.C. Code Ann. § 24-21-640 — SC Code / Title 24 / Chapter 21 / Article 7 / Section 24-21-640
SECTION 24-21-640. Circumstances warranting parole; search and seizure; criteria; reports of parolees; records subject to Freedom of Information Act.
Status: in_force

The board must carefully consider the record of the prisoner before, during, and after imprisonment, and no such prisoner may be paroled until it appears to the satisfaction of the board: that the prisoner has shown a disposition to reform; that in the future he will probably obey the law and lead a correct life; that by his conduct he has merited a lessening of the rigors of his imprisonment; that the interest of society will not be impaired thereby; and that suitable employment has been secured for him. Before an inmate may be released on parole, he must agree in writing to be subject to search or seizure, without a search warrant, with or without cause, of the inmate's person, any vehicle the inmate owns or is driving, and any of the inmate's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. An inmate may not be granted parole release by the board if he fails to comply with this provision. However, an inmate who was convicted of or pled guilty or nolo contendere to a Class C misdemeanor or an unclassified misdemeanor that carries a term of imprisonment of not more than one year may not include the requirement that the inmate agree to be subject to search or seizure, without a search warrant, with or without cause, of the inmate's person, any vehicle the inmate owns or is driving, or any of the inmate's possessions. Immediately before each search or seizure pursuant to this section, the law enforcement officer seeking to conduct the search or seizure must verify with the Department of Probation, Parole and Pardon Services or by any other means available to the officer that the individual upon whom the search or seizure will be conducted is currently on parole. A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant must be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation. If the law enforcement officer fails to report each search or seizure pursuant to this section, he is subject to discipline pursuant to the employing agency's policies and procedures. The board must establish written, specific criteria for the granting of parole and provisional parole. This criteria must reflect all of the aspects of this section and include a review of a prisoner's disciplinary and other records. The criteria must be made available to all prisoners at the time of their incarceration and the general public. The paroled prisoner must, as often as may be required, render a written report to the board giving that information as may be required by the board which must be confirmed by the person in whose employment the prisoner may be at the time. The board must not grant parole nor is parole authorized to any prisoner serving a sentence for a second or subsequent conviction, following a separate sentencing for a prior conviction, for violent crimes as defined in Section 16-1-60. Provided that where more than one included offense shall be committed within a one-day period or pursuant to one continuous course of conduct, such multiple offenses must be treated for purposes of this section as one offense. Any part or all of a prisoner's in-prison disciplinary records and, with the prisoner's consent, records involving all awards, honors, earned work credits and educational credits, are subject to the Freedom of Information Act as contained in Chapter 4, Title 30. Editor's Note 2010 Act No. 151, SECTIONS 2 and 16, provide: "SECTION 2. It is the intent of the General Assembly of South Carolina to provide law enforcement officers with the statutory authority to reduce recidivism rates of probationers and parolees, apprehend criminals, and protect potential victims from criminal enterprises." "SECTION 16. In any instance in which a law enforcement officer has failed to make the reports necessary to the State Law Enforcement Division for warrantless searches, then in the absence of a written policy by the employing agency enforcing the reporting requirements, the otherwise applicable state-imposed, one-day suspension without pay applies." Effect of Amendment The 2010 amendment inserted the text between the first paragraph and the last two paragraphs.
S.C. Code Ann. § 24-13-1570 — SC Code / Title 24 / Chapter 13 / Article 15 / Section 24-13-1570
SECTION 24-13-1570. Change in residence or schedule; notice that violation of detention is a crime; revocation; input of victim regarding eligibility for home detention.
Status: in_force

(A) The participant shall obtain approval from the department before he changes his residence or the schedule described in Section 24-13-1540. (B) Notice must be given to the participant by the department that violation of the order for home detention subjects the participant to prosecution for the crime of escape as a misdemeanor, that commission of another crime revokes the order for home detention, and that if there is a violation or commission, the court shall sentence him to imprisonment. (C) The participant shall abide by other conditions set by the department. (D) The victim of the participant's crime, or his immediate family, must be provided the opportunity of oral or written input and comment to the department or court, or both, regarding the participant's home detention sentence.
S.C. Code Ann. § 24-19-50 — SC Code / Title 24 / Chapter 19 / Section 24-19-50
SECTION 24-19-50. Powers of courts upon conviction of youthful offenders.
Status: in_force

In the event of a conviction of a youthful offender the court may: (1) suspend the sentence and place the youthful offender on probation; (2) release the youthful offender to the custody of the division before sentencing for an observation and evaluation period of not more than sixty days. The observation and evaluation must be conducted by the Reception and Evaluation Center operating under joint agreement between the Department of Vocational Rehabilitation and the Department of Corrections and the findings and recommendations for sentencing must be returned with the youthful offender to the court for sentencing; (3) if the offender is under the age of twenty-one, without his consent, sentence the youthful offender indefinitely to the custody of the department for treatment and supervision pursuant to this chapter until discharged by the division, the period of custody not to exceed six years. If the offender is twenty-one years of age but less than twenty-five years of age, he may be sentenced in accordance with this item if he consents in writing; (4) if the court finds that the youthful offender will not derive benefit from treatment, may sentence the youthful offender under any other applicable penalty provision. The youthful offender must be placed in the custody of the department; (5) not sentence a youthful offender more than once under this chapter.
S.C. Code Ann. § 24-25-35 — SC Code / Title 24 / Chapter 25 / Section 24-25-35
SECTION 24-25-35. Funds for certain educational programs.
Status: in_force

The Palmetto Unified School District 1 of the South Carolina Department of Corrections shall submit appropriate student membership information to the State Department of Education and the South Carolina Department of Education's appropriation request under the line item "Education Finance Act" shall include sufficient funds for the Palmetto Unified School District 1. The amount to be requested for the Palmetto Unified School District 1 shall be sufficient to produce funds equal to the product of the number of students served by the school district weighted according to the criteria established by the South Carolina Department of Education under the provisions of the South Carolina Education Act of 1977 and the state portion of the appropriated value statewide of the base student costs, adjusted for twelve months operation. The Palmetto Unified School District No. 1 shall comply with the following provisions of subsection (4) of Section 59-20-50, subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Palmetto Unified School District No. 1 as approved by the State Board of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act.
S.C. Code Ann. § 24-1-120 — SC Code / Title 24 / Chapter 1 / Section 24-1-120
SECTION 24-1-120. Bonds of director and other personnel.
Status: in_force

The director shall execute a good and sufficient bond payable to the State in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties of his office and the accurate accounting for all moneys and property coming into his hands; and he may require of other officers, employees and agents of the prison system a good and sufficient bond in such sum as it may determine upon, payable to the State upon like conditions. Such bonds shall be executed by a surety company authorized to do business under the laws of this State, and the premium on any such bond shall be paid by the State out of the support and maintenance fund of the prison system.
S.C. Code Ann. § 24-5-220 — SC Code / Title 24 / Chapter 5 / Article 2 / Section 24-5-220
SECTION 24-5-220. Mutual aid and assistance agreements.
Status: in_force

(A) Mutual aid and assistance agreements may include, but are not limited to, the following: (1) statement of the services to be provided; (2) arrangements for the use of equipment and facilities; (3) records to be maintained on behalf of the receiving local detention facility; (4) authority of the providing facility manager to maintain control over the receiving local detention facility's inmates or other personnel; (5) terms of financial agreements between the parties; (6) duration, modification, and termination of the agreement; and (7) legal contingencies for any lawsuits or the payment of damages that arise from the provided services. (B) Nothing in this article requires a local detention facility to have a written mutual aid and assistance agreement, nor does it preclude mutual aid to take place absent a written agreement in the case of an emergency.
S.C. Code Ann. § 24-19-30 — SC Code / Title 24 / Chapter 19 / Section 24-19-30
SECTION 24-19-30. Duties of Division.
Status: in_force

The division shall consider problems of treatment and correction; shall consult with and make recommendations to the director with respect to general treatment and correction policies and procedures for committed youthful offenders, and recommend orders to direct the release of youthful offenders conditionally under supervision and the unconditional discharge of youthful offenders; and take such further action and recommend such other orders to the director as may be necessary or proper to carry out the purpose of this chapter.
S.C. Code Ann. § 24-22-40 — SC Code / Title 24 / Chapter 22 / Section 24-22-40
SECTION 24-22-40. Implementation of system; issuance of certificates; Orders by Governor to enroll or cease release of prisoners.
Status: in_force

The South Carolina Department of Probation, Parole and Pardon Services, in cooperation with the South Carolina Department of Corrections shall develop and establish policies, procedures, guidelines, and cooperative agreements for the implementation of an adult criminal offender management system which permits carefully screened and selected male offenders and female offenders to be enrolled in the criminal offender management system. After review by and approval of three members of the Board of Probation, Parole and Pardon Services designated by the Governor, the board shall enroll qualified offenders monthly into the offender management system to prevent the prison system population from exceeding one hundred percent of capacity at high count. No offender shall be issued an offender management system certificate and released from prison if the release of the offender will reduce the prison system population below ninety-five percent of capacity at high count. If the Governor at any time during periods when the offender management system is in operation, determines that an insufficient number of inmates are being enrolled into the system to keep the prison system population below one hundred percent of capacity of high count or if the Governor determines that the number of inmates released has reached a level that could endanger the public welfare and safety of the State, he may issue an Executive Order requiring the South Carolina Department of Probation, Parole and Pardon Services and the South Carolina Department of Corrections to enroll a specified number of qualified prisoners per month for a specified number of months or require the department to cease and desist in the release of the inmates accordingly. Editor's Note Termination date of offender management system and any regulations promulgated thereto, see SECTION 24-22-170.
S.C. Code Ann. § 24-1-270 — SC Code / Title 24 / Chapter 1 / Section 24-1-270
SECTION 24-1-270. Trespass, loitering, or refusal to leave State correctional properties prohibited.
Status: in_force

(A) As used in this section, the term 'state correctional properties' includes all property under the control of the Director of the South Carolina Department of Corrections, or his agents, for the confinement of inmates or other uses pursuant to the director's responsibilities. (B) It is unlawful for a person to: (1) trespass or loiter on state correctional properties after notice to leave is given by the director or his authorized agents or, after lawful entry, refuse to leave the premises after notice is given; or (2) incite, solicit, urge, encourage, exhort, instigate, or procure a person to violate the provisions of item (1) of this subsection. (C) A person violating the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both. (D) The provisions of this section must not be construed to bar prosecution of other offenses committed on state correctional property.
S.C. Code Ann. § 24-22-10 — SC Code / Title 24 / Chapter 22 / Section 24-22-10
SECTION 24-22-10. Short title.
Status: in_force

This chapter is known and may be cited as the "Offender Management System Act".
S.C. Code Ann. § 24-3-750 — SC Code / Title 24 / Chapter 3 / Article 7 / Section 24-3-750
SECTION 24-3-750. Immunity.
Status: in_force

If, in suppressing a disorder, riot, or insurrection, a person who is acting, aiding, or assisting in committing the same is wounded or killed, the Director of the Department of Corrections, the keeper or a person aiding or assisting him must be held as justified and guiltless. Effect of Amendment The 2010 amendment made nonsubstantive changes.
S.C. Code Ann. § 24-21-550 — SC Code / Title 24 / Chapter 21 / Article 6 / Section 24-21-550
SECTION 24-21-550. Probation terms involving fines, costs, assessments, or restitution.
Status: in_force

A probation term ordered to end upon the payment of fines, court costs, assessments, and restitution must continue until the clerk of court certifies in writing that all monies have been paid, or the probation term has expired, or the expiration of probation has been changed by a subsequent order.
S.C. Code Ann. § 24-3-920 — SC Code / Title 24 / Chapter 3 / Article 9 / Section 24-3-920
SECTION 24-3-920. Capture of escaped inmates, rewards.
Status: in_force

The Director of the Department of Corrections may award up to two thousand dollars for information leading to the capture of each escaped inmate. Funds to support such awards shall be generated from monies or things of value used as money found in the unlawful possession of a prisoner and confiscated as contraband by the Department of Corrections. Effect of Amendment The 2008 amendment in the first sentence substituted "may award up to two thousand dollars for information leading to" for "shall offer a reward of one hundred dollars for"; and added the second sentence relating to the source of the reward funds. The 2010 amendment substituted "escaped inmate" for "escaped convict".
S.C. Code Ann. § 24-1-310 — SC Code / Title 24 / Chapter 1 / Section 24-1-310
SECTION 24-1-310. Designation of detention and correctional facilities as fixed-state facilities.
Status: in_force

The Department of Corrections shall petition the Federal Aviation Administration (FAA) to designate any local detention facility, or state or federal correctional facility in the State as a fixed-site facility within ninety days of the effective date of this section, pursuant to rules and regulations adopted pursuant to Section 2209 of the FAA Extension, Safety, and Security Act of 2016, Public Law No. 114-190. The department shall follow all guidance from the FAA in submitting and processing the petition. The South Carolina Aeronautics Commission shall publish designations by the FAA in accordance with this act on the commission's website.
S.C. Code Ann. § 24-1-290 — SC Code / Title 24 / Chapter 1 / Section 24-1-290
SECTION 24-1-290. Prison industries program; marketing plan; certification by Department of Commerce as to unfair competitive wage disadvantage; publication of notice.
Status: in_force

(A) The Department of Corrections, in conjunction with the Department of Commerce, shall develop and maintain a marketing plan to attract private sector service businesses for the employment of inmates through the prison industries program. (B) Prior to entering into new contracts and renewals of existing contracts with private sector service entities that want to hire inmates through the prison industries program, the Department of Corrections must provide public notice of its intention to establish or continue a prison-based industry at a particular facility and receive certification by the Department of Commerce that an unfair competitive wage disadvantage to the local economy is not created by each new contract for prison labor. (1) The public notice required in this subsection must be forwarded to a newspaper of general circulation in the county where the prison-based industry is or will be located, with a request that it be published at least once a week for two consecutive weeks. The notice must include a description of the work to be performed, the intent to contract for inmate labor, and provide that objections to the proposed hiring of prison labor may be filed with the Department of Commerce within thirty days of the last date that the notice appears. (a) The Department of Commerce must maintain a copy of any objections filed for a period of three years from the date that the objections were received. (b) Advertising costs associated with the publication of notice must be borne by the entity seeking to contract for prison labor. (2) The certification required by this subsection must be based upon objections to the establishment of a prison-industry program provided for in item (1). (C) No contract may be negotiated or executed prior to forty days after the last date that the notice required by subsection (A) appears. New contracts and renewals of existing contracts between private sector entities and the Department of Corrections must be negotiated in accordance with procedures established jointly by the Department of Commerce and the Department of Corrections. The procedures must be drafted to ensure fairness and consistency in establishing contracts with private sector entities seeking to establish or continue prison-based operations whenever the wage to be paid is less than the federally established minimum wage. (D) The marketing plan and the procedures for negotiating new contracts and contract renewals must be submitted to and approved by the Department of Administration prior to implementation. The Department of Corrections shall annually submit an audit report of the program to the Senate Corrections and Penology Committee and the House Medical, Military, Public and Municipal Affairs Committee. The provisions of the section may not be construed to apply to traditional prison industries as authorized in Section 24-3-320.
S.C. Code Ann. § 24-5-130 — SC Code / Title 24 / Chapter 5 / Article 1 / Section 24-5-130
SECTION 24-5-130. Leaving jails unattended.
Status: in_force

It shall be unlawful for any person charged with the custody of any jail or other place of criminal incarceration to allow such premises at any time when occupied to be unattended by a duly authorized person who shall have access to and be in reasonable communication with the persons therein. Any person convicted of violating the provisions of this section shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than six months, or both, in the discretion of the court.
S.C. Code Ann. § 24-13-1520 — SC Code / Title 24 / Chapter 13 / Article 15 / Section 24-13-1520
SECTION 24-13-1520. Definitions.
Status: in_force

As used in this article: (1) "Department" means, in the case of a juvenile offender, the Department of Juvenile Justice and, in the case of an adult offender, the Department of Probation, Parole and Pardon Services, the Department of Corrections, and any other law enforcement agency created by law. (2) "Court" means a circuit, family, magistrate's, or municipal court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole, and the Department of Corrections. (3) "Approved electronic monitoring device" means a device approved by the department which is primarily intended to record and transmit information as to the defendant's presence or nonpresence in the home. An approved electronic monitoring device may record or transmit: oral or wire communications or an auditory sound; visual images; or information regarding the offender's activities while inside the offender's home. These devices are subject to the required consent as set forth in Section 24-13-1550. An approved electronic monitoring device may be used to record a conversation between the participant and the monitoring device, or the participant and the person supervising the participant, solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring. (4) "Home detention" means the confinement of a person convicted or charged with a crime to his place of residence under the terms and conditions established by the department. (5) "Participant" means an inmate/offender placed into an electronic monitoring program or into some other suitable program which provides supervision and/or monitoring in the community.
S.C. Code Ann. § 24-21-490 — SC Code / Title 24 / Chapter 21 / Article 5 / Section 24-21-490
SECTION 24-21-490. Collection and distribution of restitution.
Status: in_force

(A) The Department of Probation, Parole and Pardon Services shall collect and distribute restitution on a monthly basis from all offenders under probationary and intensive probationary supervision. (B) Notwithstanding Section 14-17-725, the department shall assess a collection fee of twenty percent of each restitution program and deposit this collection fee into a separate account. The department shall maintain individual restitution accounts that reflect each transaction and the amount paid, the collection fee, and the unpaid balance of the account. A summary of these accounts must be reported to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee every six months following the enactment of this section. (C) The department may retain the collection fees described in subsection (B) and expend the fees for the purpose of collecting and distributing restitution. Unexpended funds at the end of each fiscal year may be retained by the department and carried forward for use for the same purpose by the department. (D) For financial obligations collected by the department pursuant to administrative monitoring requirements, payments shall be distributed by the department proportionately to pay restitution and fees based on the ratio of each category to the total financial obligation owed. Fines shall continue to be paid and collected pursuant to the provisions of Chapter 17, Title 14. Effect of Amendment The 2010 amendment added subsection (D) relating to collections by administrative monitoring.
S.C. Code Ann. § 24-19-130 — SC Code / Title 24 / Chapter 19 / Section 24-19-130
SECTION 24-19-130. Orders, revocation or modification by the Division.
Status: in_force

The Division may revoke or modify any of its previous orders respecting a committed youthful offender except an order of unconditional discharge.
S.C. Code Ann. § 24-21-950 — SC Code / Title 24 / Chapter 21 / Article 11 / Section 24-21-950
SECTION 24-21-950. Guidelines for determining eligibility for pardon.
Status: in_force

(A) The following guidelines must be utilized by the board when determining when an individual is eligible for pardon consideration. (1) Probationers must be considered upon the request of the individual anytime after discharge from supervision. (2) Persons discharged from a sentence without benefit of parole must be considered upon the request of the individual anytime after the date of discharge. (3) Parolees must be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, must be considered for pardon upon the request of the individual anytime after the date of discharge. (4) An inmate must be considered for pardon before a parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances. (5) The victim of a crime or a member of a convicted person's family living within this State may petition for a pardon for a person who has completed supervision or has been discharged from a sentence. (B) Persons discharged from a sentence without benefit of supervision must be considered upon the request of the individual anytime after the date of discharge.
S.C. Code Ann. § 24-13-100 — SC Code / Title 24 / Chapter 13 / Article 1 / Section 24-13-100
SECTION 24-13-100. Definition of no parole offense; classification.
Status: in_force

For purposes of definition under South Carolina law, a "no parole offense" means a class A, B, or C felony or an offense exempt from classification as enumerated in Section 16-1-10(d), which is punishable by a maximum term of imprisonment for twenty years or more.
S.C. Code Ann. § 24-25-20 — SC Code / Title 24 / Chapter 25 / Section 24-25-20
SECTION 24-25-20. Purpose.
Status: in_force

The purpose of the district is to enhance the quality and scope of education for inmates within the Department of Corrections so that they will be better motivated and better equipped to restore themselves in the community. The establishment of this district shall ensure that education programs are available to all inmates with less than a high school diploma, or its equivalent, and that various vocational training programs are made available to selected inmates with the necessary aptitude and desire. Where enrollment in an education program must be restricted, justification for that restriction should be documented by the district.
S.C. Code Ann. § 24-21-40 — SC Code / Title 24 / Chapter 21 / Article 1 / Section 24-21-40
SECTION 24-21-40. Record of proceedings.
Status: in_force

The Board shall keep a complete record of all its proceedings and hold it subject to the order of the Governor or the General Assembly.
S.C. Code Ann. § 24-25-40 — SC Code / Title 24 / Chapter 25 / Section 24-25-40
SECTION 24-25-40. Trustees of school district; appointment; terms; vacancies.
Status: in_force

The Palmetto Unified School District No. 1 shall be under the control and management of a board of nine trustees who shall operate the district under the supervision of the State Department of Corrections. Four members of the school board shall be appointed by the Director of the Department of Corrections, four members of the school board shall be appointed by the State Superintendent of Education, and one member of the school board shall be appointed by the Governor. The members of the board shall be appointed for terms of four years each and until their successors are appointed and qualify; except that of those first appointed, the members appointed by the Director of the Department of Corrections and the members appointed by the State Superintendent of Education shall be appointed for terms of one, two, three and four years, respectively, such terms to be designated by the Director of the Department of Corrections and the State Superintendent of Education when making such appointments. The member initially appointed by the Governor also shall be appointed for a term of four years. Vacancies on the board shall be filled for the remainder of the unexpired term by appointment in the same manner as provided for the original appointment.
S.C. Code Ann. § 24-3-951 — SC Code / Title 24 / Chapter 3 / Article 9 / Section 24-3-951
SECTION 24-3-951. Possession or use of United States currency by prisoners prohibited; exceptions; system of credits.
Status: in_force

Effective July 1, 1995, notwithstanding Section 24-3-956 and any other provision of law, United States currency or money, as it relates to use within the state prison system, is declared contraband and must not be utilized as a medium of exchange for barter or financial transaction between prisoners or prison officials and prisoners within the state prison system, except prisoners on work release or in other community based programs. Inmates must not possess United States currency. All financial disbursements to prisoners or mediums of exchange between prisoners and between the prison system and prisoners shall be transacted with a system of credits. Effect of Amendment The 2010 amendment made nonsubstantive changes.
S.C. Code Ann. § 24-3-940 — SC Code / Title 24 / Chapter 3 / Article 9 / Section 24-3-940
SECTION 24-3-940. Gambling prohibited.
Status: in_force

Gambling is not permitted at a prison, farm, or camp where inmates are kept or worked. An officer or employee engaging in, or knowingly permitting, gambling at a prison, farm, or camp must be dismissed immediately. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-21-710 — SC Code / Title 24 / Chapter 21 / Article 7 / Section 24-21-710
SECTION 24-21-710. Film, videotape, or other electronic information may be considered by board in parole determination.
Status: in_force

(A) Film, videotape, or other electronic information that is both visual and aural, submitted pursuant to this section, must be considered by the Board of Probation, Parole, and Pardon Services in making its determination of parole. (B) Upon receipt of the notice required by law, the following people may submit electronic information: (1) the victim of the crime for which the prisoner has been sentenced; (2) the prosecuting solicitor's office; and (3) the person whose parole is being considered. (C) The person submitting the electronic information shall provide the Board of Probation, Parole, and Pardon Services with the following: (1) identification of each voice heard and each person seen; (2) a visual or aural statement of the date the information was recorded; and (3) the name of the person whose parole eligibility is being considered. (D) If the film, videotape, or other electronic information is retained by the board, it may be submitted at subsequent parole hearings each time that the submitting person provides a written statement declaring that the information represents the present position of the person who is submitting the information. (E) The Department of Corrections may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole and Pardon Services shall install, maintain, and operate closed circuit television systems at locations determined by the board and conduct parole hearings by means of a two-way closed circuit television system provided in this section. A victim of a crime must be allowed access to this system to appear before the board during a parole hearing. (F) Nothing in this section shall be construed to prohibit submission of information in other forms as provided by law. (G) The director of the Department of Probation, Parole, and Pardon Services may develop written policies and procedures for parole hearings to be held pursuant to this section. (H) The Board of Probation, Parole, and Pardon Services is not required to install, maintain, or operate film, videotape, or other electronic equipment to record a victim's testimony to be presented to the board.
S.C. Code Ann. § 24-5-360 — SC Code / Title 24 / Chapter 5 / Article 3 / Section 24-5-360
SECTION 24-5-360. Additional training to become full-time jailer or detention officer.
Status: in_force

A reserve who has been in active status for at least two years and desires to become a full-time detention officer, upon application of his director to the South Carolina Criminal Justice Academy and upon completion of other existing requirements, may be accepted at the South Carolina Criminal Justice Academy for additional hours of training required by the South Carolina Criminal Justice Academy pursuant to Chapter 23, Title 23. Effect of Amendment The 2008 amendment substituted "South Carolina Criminal Justice Academy" for "Department of Public Safety" and "Chapter 23" for "Article 9, Chapter 6" throughout. The 2010 amendment deleted "jailer or" before "detention officer".
S.C. Code Ann. § 24-22-20 — SC Code / Title 24 / Chapter 22 / Section 24-22-20
SECTION 24-22-20. Definitions.
Status: repealed

As used herein: (a) "Adult criminal offender management system" means the system developed by the State Department of Corrections and the State Department of Probation, Parole and Pardon Services which permits carefully screened inmates to be identified, transferred into Department of Corrections Reintegration Centers and placed in Department of Probation, Parole and Pardon Services Community Control Strategies. (b) "Community control strategies" means offender supervision and offender management methods available in the community, including, but not limited to, home detention, day reporting centers, restitution centers, public service work programs, substance abuse programs, short term incarceration, and intensive supervision. (c) "High count" means the largest male prison system population, the largest female prison system population, or both, on any given day during a one-month period. (d) "Prison" means any male correctional facility, female correctional facility, or combined male and female correctional facility operated by the State Department of Corrections. (e) "Prison system" means the prisons operated by the State Department of Corrections. (f) "Offender" means every male inmate or female inmate, or both, who, at the time of the initiation of the offender management system, is or at any time during continuation of the system is serving a criminal sentence under commitment to the State Department of Corrections, including persons serving sentences in local detention facilities designated under the provisions of applicable law and regulations. (g) "Prison system population" means the total number of male prisoners, female prisoners, or combined total of female and male prisoners housed in the prisons operated by the State Department of Corrections. (h) "Reintegration center" means an institution operated by the State Department of Corrections which provides for the evaluation of and necessary institutional programs for inmates in the offender management system. (i) "Release date" means the date projected by the State Department of Corrections on which a prisoner will be released from prison, assuming maximum accrual of credit for good behavior has been established under Section 24-13-210 and earned work credits under Section 24-13-230. (j) "Qualified prisoners" means any male prisoners, female prisoners, or combined total of female or male prisoners convicted of a nonviolent offense for which such prisoner has received a total sentence of five years or less and is presently serving a nonmandatory term of imprisonment for conviction of one or more of the following offenses: reckless homicide (56-5-2910); armed robbery/accessory after the fact; simple assault; intimidation (16-11-550, 16-17-560); aggravated assault (16-23-490); arson of residence to defraud an insurer (16-11-110, 16-11-125); arson (16-11-110); arson-2nd degree (16-11-110(B)); arson-3rd degree (16-11-110(C)); burglary of safe vault (16-11-390); possession of tools for a crime (16-11-20); attempted burglary (16-13-170); petit larceny (16-13-30); purse snatching (16-13-150); shoplifting (16-13-110, 16-13-120); grand larceny (16-13-20); attempted grand larceny (16-13-20); larceny; credit card theft (16-13-20, 16-13-30, 16-13-35); possession of stolen vehicle (16-21-80, 16-21-130); unauthorized use of a vehicle (16-21-60, 16-21-130); forgery (16-13-10); fraud-swindling (16-13-320); fraudulent illegal use of credit card (16-14-60); fraudulent check (34-11-60); fraud-false statement or representation (16-13-240 through 16-13-290); breach of trust with fraudulent intent (16-13-230); failure to return tools or vehicle (16-13-420); insurance fraud (16-11-125, 16-11-130); obtaining controlled substance by fraud (44-53-40); defrauding an innkeeper (45-1-50); receipt of stolen property (16-13-180); destroying personal property (16-11-510); malicious injury to property (16-11-510, 16-11-520); hallucinogen-possession (44-53-370(c)); heroin-possession (44-53-370(c)); cocaine-possession (44-53-370(c)); cocaine-transporting (44-53-370(a)); marijuana-possession (44-53-370(c)); marijuana-producing (44-53-370(a)); legend drugs-possession (44-53-370(c)); distributing imitation controlled substances (44-53-370(a)); possession-imitation controlled substance (44-53-370(a)); indecent exposure (16-15-130); peeping tom (16-17-470); contributing to delinquency of minor (16-17-490); neglect-child (63-5-7-70); criminal domestic violence (16-25-20); prostitution (16-15-90 through 16-15-110); unlawful liquor possession (61-6-1800, 61-6-2220, 61-6-4710); public disorderly conduct/intoxication (16-17-530); making false report (16-17-725); contempt of court (14-1-150); obstructing justice (16-9-310 through 16-9-380); bribery (16-9-210 through 16-9-270, 16-17-540 through 16-17-550); possession of incendiary device (16-23-480, 16-11-550); weapon license/registration (23-31-140); explosives possession (23-36-50, 23-36-170); threat to bomb (16-11-550); unlawful possession of firearm on premises of alcoholic beverage establishment (16-23-465); discharging firearm in dwelling (16-23-440); pointing a firearm (16-23-410); littering (16-11-700); DUI-drugs (56-5-2930, 56-5-2940); driving under suspension (56-1-460); failure to stop for officer (56-5-750); leaving the scene of accident (56-5-1210; 56-5-1220); possession of open container (61-4-110); trespassing (16-11-600 through 16-11-640); illegal use of telephone (16-17-430); smuggling contraband into prison (24-3-950); tax evasion (12-7-2750); false income tax statement (12-7-1630, 12-7-2750); accessory to a felony (16-1-40, 16-1-50); misprision of a felony; criminal conspiracy (16-17-410); habitual offender (56-1-1020 through 56-1-1100). (k) "Operating capacity" means the safe and reasonable male inmate capacity, female inmate capacity, or combined male and female inmate capacity of the prison system operated by the State Department of Corrections as certified by the State Department of Corrections and approved by the Department of Administration. Editor's Note 2010 Act No. 273, SECTION 7.B, provides: "The common law offenses of assault and battery with intent to kill, assault with intent to kill, assault and battery of a high and aggravated nature, simple assault and battery, assault of a high and aggravated nature, aggravated assault, and simple assault are abolished for offenses occurring on or after the effective date of this act [June 2, 2010]." Section 23-31-140, referenced in the definition of "qualified prisoners" was repealed by 2012 Act No. 285.
S.C. Code Ann. § 24-13-2130 — SC Code / Title 24 / Chapter 13 / Article 20 / Section 24-13-2130
SECTION 24-13-2130. Memorandum of understanding to establish role of each agency.
Status: in_force

(A) The memorandum of understanding between the South Carolina Department of Corrections, Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, Department of Employment and Workforce, Alston Wilkes Society, and other private sector entities shall establish the role of each agency in: (1) ascertaining an inmate's opportunities for employment after release from confinement and providing him with vocational and academic education and life skills assessments based on evidence-based practices and criminal risk factors analysis as may be appropriate; (2) developing skills enhancement programs for inmates, as appropriate; (3) coordinating job referrals and related services to inmates prior to release from incarceration; (4) encouraging participation by inmates in the services offered; (5) developing and maintaining a statewide network of employment referrals for inmates at the time of their release from incarceration and aiding inmates in the securing of employment; (6) identifying and facilitating other transitional services within both governmental and private sectors; (7) surveying employment trends within the State and making proposals to the Department of Corrections regarding potential vocational training activities. (B) Further, the Department of Corrections and the Department of Probation, Parole and Pardon Services are directed to work with the Department of Motor Vehicles to develop and implement a plan for providing inmates who are being released from a correctional facility with a valid photo identification card. To the extent that funds are available from an individual inmate's account, the Department of Corrections shall transfer five dollars to the Department of Motor Vehicles to cover the cost of issuing the photo identification card. The Department of Motor Vehicles shall use existing resources and technology to produce the photo identification card. Editor's Note See Editor's Note following Article heading. Effect of Amendment The 2010 amendment added the subsection identifiers, in subsection (A)(1) inserted "based on evidence-based practices and criminal risk factors analysis", and added subsection (B) relating to identification cards.
S.C. Code Ann. § 24-19-100 — SC Code / Title 24 / Chapter 19 / Section 24-19-100
SECTION 24-19-100. Transfer of youthful offenders.
Status: in_force

The director may transfer at any time a committed youthful offender from one agency or institution to any other agency or institution.
S.C. Code Ann. § 24-3-27 — SC Code / Title 24 / Chapter 3 / Article 1 / Section 24-3-27
SECTION 24-3-27. Local regional correctional facilities; employment of inmates; service of warrants.
Status: in_force

(A) The governing bodies of counties or municipalities may join in establishing local regional correctional facilities for the confinement of persons awaiting trial or sentence on criminal charges, convicted and sentenced on criminal charges, or not otherwise eligible for confinement in state or other facilities. For this purpose, the governing bodies may: (1) acquire, hold, construct, finance, improve, maintain, operate, own or lease, in the capacity of lessor or lessee, a local regional correctional facility for the purpose of incarcerating their own inmates, inmates of other counties or municipalities, or inmates from the Department of Corrections; (2) form cooperative agreements for the management, supervision, and control of a local regional correctional facility, its property, assets, funds, employees, and prisoners, and other resources and liabilities as appropriate. (B) Every sentenced person committed to a local regional correctional facility constructed or operated pursuant to this section, unless disqualified by sickness or otherwise, must be kept at some useful employment suited to his age and capacity and which may tend to promote the best interest of the citizens of this State. In all cases, the decision to assign work, or disqualify a person from work, or both, is the sole discretion of the official in charge of the facility, and in all cases, no person has a basis to challenge this decision. (C) Notwithstanding another provision of law, an inmate confined in a regional correctional facility may be served a warrant by a law enforcement officer of a county which participates in the funding of the facility without it being countersigned by the officials of the county where the regional correctional facility is located. Effect of Amendment The 2010 amendment in subsection (B) added the last sentence relating to the discretion of the official in charge.
S.C. Code Ann. § 24-13-1510 — SC Code / Title 24 / Chapter 13 / Article 15 / Section 24-13-1510
SECTION 24-13-1510. Short title.
Status: in_force

This article is known and may be cited as the "Home Detention Act".
S.C. Code Ann. § 24-13-2140 — SC Code / Title 24 / Chapter 13 / Article 20 / Section 24-13-2140
SECTION 24-13-2140. Coordination by Department of Corrections.
Status: in_force

The Department of Corrections shall coordinate the efforts of the affected state agencies through the Program Services Administration. The Department of Corrections shall: (1) develop such policies and standards as may be necessary for the provision of assessment, training, and referral services; (2) obtain information from appropriate agencies and organizations affiliated with the services to determine actions that should be undertaken to create or modify these services; (3) disseminate information about the services throughout the State; (4) provide information and assistance to other agencies, as may be appropriate or necessary, to carry out the provisions of this chapter; (5) provide inmates of the Department of Corrections information concerning postrelease job training and employment referral services and information concerning services that may be available from the Office of Substance Use Services, the Office of Mental Health, and the Department of Veterans' Affairs; (6) prepare an annual report that will be submitted to the directors of each agency that is a party to a memorandum of understanding as provided for in Section 24-13-2120; (7) negotiate with Alston Wilkes Society and private sector entities concerning the delivery of assistance or services to inmates who are transitioning from incarceration to reentering their communities. 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. Editor's Note See Editor's Note following Article heading.
S.C. Code Ann. § 24-3-81 — SC Code / Title 24 / Chapter 3 / Article 1 / Section 24-3-81
SECTION 24-3-81. Conjugal visits not permitted.
Status: in_force

A prisoner who is incarcerated within the state prison system or who is being detained in a local jail, local detention facility, local correctional facility, or local prison camp, whether awaiting a trial or serving a sentence, is not permitted to have conjugal visits. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-3-520 — SC Code / Title 24 / Chapter 3 / Article 5 / Section 24-3-520
SECTION 24-3-520. Transportation of inmate sentenced to death.
Status: in_force

The facility manager who has custody of an inmate for the county in which the inmate is sentenced shall transfer the inmate as soon as practical to the custody of the Department of Corrections at a place designated by its director, unless otherwise directed by the Governor or unless a stay of execution has been caused by appeal or the granting of a new trial or other order of a court of competent jurisdiction. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-5-50 — SC Code / Title 24 / Chapter 5 / Article 1 / Section 24-5-50
SECTION 24-5-50. Keeping prisoners committed by coroner.
Status: in_force

All sheriffs or governing bodies that have custody of the jail and their respective facility managers are required to receive and keep securely all persons committed by the coroner as required by law. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-21-235 — SC Code / Title 24 / Chapter 21 / Article 3 / Section 24-21-235
SECTION 24-21-235. Duty clothing for department employees.
Status: in_force

The Department of Probation, Parole and Pardon Services is authorized to issue duty clothing for the use of department employees.
S.C. Code Ann. § 24-13-640 — SC Code / Title 24 / Chapter 13 / Article 7 / Section 24-13-640
SECTION 24-13-640. Statewide uniform for prisoners assigned to work details outside of correctional facilities.
Status: in_force

Notwithstanding any other provision of law, any state or local prisoner who is not in the highest trusty grade and who is assigned to a work detail outside the confines of any state correctional facility or local detention facility must wear a statewide uniform. The uniform must be of such a design and color as to easily be identified as a prisoner's uniform and stripes must be used in the design. The Department of Corrections Division of Prison Industries must manufacture the statewide uniform and make it available for sale to the local detention facilities. The Director of the Department of Corrections may determine, in his discretion, that the provisions of this section do not apply to certain prisoners. Effect of Amendment The 2010 amendment, in the first sentence, substituted "state correctional facility or local detention facility must" for "correctional facility shall", and made other nonsubstantive changes.
S.C. Code Ann. § 24-11-20 — SC Code / Title 24 / Chapter 11 / Section 24-11-20
SECTION 24-11-20. Compact enacted into law; form.
Status: in_force

INTERSTATE CORRECTIONS COMPACT The Interstate Corrections Compact is hereby enacted into law and entered into by this State with any other states legally joining therein in the form substantially as follows: Article I. Purpose and Policy The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources. Article II. Definitions As used in this compact, unless the context clearly requires otherwise: (a) "State" means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. (b) "Sending state" means a state party to this compact in which conviction or court commitment was had. (c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had. (d) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution. (e) "Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in (d) above may lawfully be confined. Article III. Contracts (a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: 1. Its duration. 2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance. 3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof and the crediting of proceeds from or disposal of any products resulting therefrom. 4. Delivery and retaking of inmates. 5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states. (b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith. Article IV. Procedures and Rights (a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of the other party state, the receiving state to act in that regard solely as agent for the sending state. (b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. (c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III. (d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify the record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of such inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. (e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which the inmate would have had if confined in an appropriate institution of the sending state. (f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. The record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. (g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory. (h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state. (i) The parent, guardian, trustee or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact. Article V. Acts Not Reviewable in Receiving State: Extradition (a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference. (b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee. Article VI. Federal Aid Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provisions; provided, that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor. Article VII. Entry into Force This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of the states upon similar action by such state. Article VIII. Withdrawal and Termination This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the compact and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in the statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact. Article IX. Other Arrangements Unaffected Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a non-party state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements. Article X. Construction and Severability The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
S.C. Code Ann. § 24-21-660 — SC Code / Title 24 / Chapter 21 / Article 7 / Section 24-21-660
SECTION 24-21-660. Effect of parole.
Status: in_force

Any prisoner who has been paroled is subject during the remainder of his original term of imprisonment, up to the maximum, to the conditions and restrictions imposed in the order of parole or by law imposed. Every such paroled prisoner must remain in the jurisdiction of the board and may at any time on the order of the board, be imprisoned as and where therein designated.
S.C. Code Ann. § 24-3-560 — SC Code / Title 24 / Chapter 3 / Article 5 / Section 24-3-560
SECTION 24-3-560. Certification of execution.
Status: in_force

The executioner and the attending physician shall certify the fact of such execution to the clerk of the court of general sessions in which the sentence was pronounced. The certificate shall be filed by the clerk with the papers in the case. Effect of Amendment The 2010 amendment made nonsubstantive changes.
S.C. Code Ann. § 24-13-1910 — SC Code / Title 24 / Chapter 13 / Article 19 / Section 24-13-1910
SECTION 24-13-1910. Centers for alcohol and drug rehabilitation established; construction, operation, and responsibility for centers.
Status: in_force

There is established one or more centers for alcohol and drug rehabilitation under the jurisdiction of the Department of Corrections to treat and rehabilitate alcohol and drug offenders. The Office of Substance Use Services has primary responsibility for the addictions treatment of the offenders, and the Department of Corrections has primary responsibility for the maintenance and security of the offenders. The Department of Corrections may construct one or more centers upon the necessary appropriation of funds by the General Assembly. The centers established or constructed as authorized by this section shall provide at least seven hundred fifty beds. The centers established under this section must be fully operational by January 1, 1997. 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.
S.C. Code Ann. § 24-13-20 — SC Code / Title 24 / Chapter 13 / Article 1 / Section 24-13-20
SECTION 24-13-20. Escaped convicts; sheriffs' duties to arrest; penalty.
Status: in_force

The sheriffs of this State under the penalty provided, in this section must arrest in their respective counties, with or without a warrant, all escaped inmates from the state prisons or from the local detention facilities found in their respective counties. Upon an arrest a sheriff must notify immediately the proper authority from whose care the inmate escaped. Upon the wilful neglect or failure by a sheriff to comply with the provisions of this section, he is guilty of a misdemeanor and, upon conviction, must be fined in a sum of not more than five hundred dollars nor less than one hundred dollars or be imprisoned for not more than six months or must be fined and imprisoned, at the discretion of the court. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-7-60 — SC Code / Title 24 / Chapter 7 / Section 24-7-60
SECTION 24-7-60. Care of persons on public work detail; expenses.
Status: in_force

The governing body of the county shall feed and provide suitable and sufficient employee supervision for the safekeeping of all persons who have received a sentence to public work detail. It also shall provide all necessary equipment and machinery for performing the work required of inmates, all costs and expenses of which must be paid out of the county general fund in the same manner as other charges against the fund are paid. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-21-13 — SC Code / Title 24 / Chapter 21 / Article 1 / Section 24-21-13
SECTION 24-21-13. Director to oversee department; policies and procedures; board's duty to consider cases for parole, probation, or pardon.
Status: in_force

(A) It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following: (1) the supervising of offenders on probation, parole, community supervision, and other offenders released from incarceration prior to the expiration of their sentence, which supervising shall be based on a structured decision-making guide designed to enhance public safety, which uses evidence-based practices and focuses on considerations of offenders' criminal risk factors; (2) the consideration of paroles and pardons and the supervision of offenders in the community supervision program and other offenders released from incarceration prior to the expiration of their sentence. The requirements for an offender's participation in the community supervision program and an offender's progress toward completing the program are to be decided administratively by the Department of Probation, Parole and Pardon Services. No inmate or future inmate shall have a "liberty interest" or an "expectancy of release" while in a community supervision program administered by the department; (3) the operation of community-based correctional services and treatment programs; and (4) the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations. The director shall establish priority programs for litter control along state and county highways. This must be included in the "public service work" program. (B) It is the duty of the board to consider cases for parole, pardon, and any other form of clemency provided for under law. Effect of Amendment The 2010 amendment in subsection (A)(1) added the text at the end relating to a structured decision-making guide, and in subsection (A)(3) inserted "services and treatment".
S.C. Code Ann. § 24-21-630 — SC Code / Title 24 / Chapter 21 / Article 7 / Section 24-21-630
SECTION 24-21-630. Eligibility for parole, effect of time served.
Status: in_force

For the purpose of determining the time required to be served by a prisoner before he shall be eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall be given benefit for time served in prison in excess of three months while awaiting trial or between trials.
S.C. Code Ann. § 24-7-110 — SC Code / Title 24 / Chapter 7 / Section 24-7-110
SECTION 24-7-110. Medical services for inmates.
Status: in_force

The governing body of each county shall provide access to institutional medical personnel whenever necessary to render medical aid to sick inmates whether awaiting trial or serving a sentence and to preserve the health of the inmate in the county jail, detention facility, prison camp, or other local facility used for the detention of inmates. The fees and expenses of such medical services, as well as for medicines prescribed, shall be paid out of any available funds. This section does not affect the requirements of Section 24-13-80 or other existing federal, state, county, or municipal requirements that provide for the medical care of inmates. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-21-5 — SC Code / Title 24 / Chapter 21 / Article 1 / Section 24-21-5
SECTION 24-21-5. Definitions.
Status: in_force

As used in this chapter: (1) "Administrative monitoring" means a form of monitoring by the department beyond the end of the term of supervision in which the only remaining condition of supervision not completed is the payment of financial obligations. Under administrative monitoring, the only condition of the monitoring shall be the requirement that reasonable progress be made toward the payment of financial obligations. The payment of monitoring mandated fees shall continue. When an offender is placed on administrative monitoring, the offender shall register with the department's representative in the offender's county, notify the department of the offender's current address each quarter, and make payments on financial obligations owed, until the financial obligations are paid in full or a consent order of judgment is filed. Written notice of petitions for civil contempt as set forth in Section 24-21-100, scheduled hearings or proceedings, or any other event or modification associated with administrative monitoring must be given by the department by depositing the notice in the United States mail with postage prepaid addressed to the person at the address contained in the records of the department. The giving of notice by mail is complete ten days after the deposit of the notice. A certificate by the director of the department or the director's designee that the notice has been sent as required in this section is presumptive proof that the requirements as to notice of petitions for civil contempt as set forth in Section 24-21-100, scheduled hearings or proceedings, or any other event or modification associated with administrative monitoring have been met even if the notice has not been received by the offender. If an offender fails to appear for the civil contempt proceeding, the court may issue a bench warrant for the offender's arrest for failure to appear, or the court may proceed in the offender's absence and issue a bench warrant along with an order imposing a term of confinement as set forth in Section 24-21-100. (2) "Criminal risk factors" mean characteristics and behaviors that, when addressed or changed, affect a person's risk for committing crimes. The characteristics may include, but not be limited to, the following risk and criminogenic need factors: antisocial behavior patterns; criminal personality; antisocial attitudes, values, and beliefs; poor impulse control; criminal thinking; substance abuse; criminal associates; dysfunctional family or marital relationships; or low levels of employment or education. (3) "Department" means the Department of Probation, Parole and Pardon Services. (4) "Evidence-based practices" mean supervision policies, procedures, and practices that scientific research demonstrates reduce recidivism among individuals on probation, parole, or post-correctional supervision. (5) "Financial obligations" mean fines, fees, and restitution either ordered by the court or statutorily imposed. (6) "Hearing officer" means an employee of the department who conducts preliminary hearings to determine probable cause on alleged violations committed by an individual under the supervision of the department and as otherwise provided by law. This includes, but is not limited to, violations concerning probation, parole, and community supervision. The hearing officer also conducts preliminary hearings and final revocation hearings for supervised furlough, youthful offender conditional release cases, and such other hearings as required by law. Effect of Amendment 2016 Act No. 154, SECTION 5, in (1), added the text beginning with "Written notice of petitions for civil contempt" and made gender neutral changes.
S.C. Code Ann. § 24-21-12 — SC Code / Title 24 / Chapter 21 / Article 1 / Section 24-21-12
SECTION 24-21-12. Compensation of board members.
Status: in_force

The members of the board shall draw no salaries, but each member shall be entitled to such per diem as may be authorized by law for boards, commissions, and committees, plus actual and necessary expenses incurred pursuant to the discharge of official duties.
S.C. Code Ann. § 24-21-10 — SC Code / Title 24 / Chapter 21 / Article 1 / Section 24-21-10
SECTION 24-21-10. Department director; Board of Probation, Parole and Pardon Services; term; appointment; filing vacancies.
Status: in_force

(A) The department is governed by its director. The director must be appointed by the Governor with the advice and consent of the Senate. To qualify for appointment, the director must have a baccalaureate or more advanced degree from an institution of higher learning that has been accredited by a regional or national accrediting body, which is recognized by the Council for Higher Education Accreditation and must have at least ten years of training and experience in one or more of the following fields: parole, probation, corrections, criminal justice, law, law enforcement, psychology, psychiatry, sociology, or social work. (B) The Board of Probation, Parole and Pardon Services is composed of seven members. The terms of office of the members are for six years. Each of the seven members must be appointed from each of the congressional districts. At least one appointee shall have at least five years of work or volunteer experience in one or more of the following fields: parole, probation, corrections, criminal justice, law, law enforcement, psychology, psychiatry, sociology, or social work. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate, provided the appointment is received for confirmation on the first day of the Senate's next meeting following the vacancy. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms. (C) The Governor shall deliver an appointment within sixty days of the expiration of a term, if an individual is being reappointed, or within ninety days of the expiration of a term, if an individual is an initial appointee. If a board member who is being reappointed is not confirmed within sixty days of receipt of the appointment by the Senate, the appointment is considered rejected. For an initial appointee, if confirmation is not made within ninety days of receipt of the appointment by the Senate, the appointment is deemed rejected. The Senate may by resolution extend the period after which an appointment is considered rejected. If the failure of the Senate to confirm an appointee would result in the lack of a quorum of board membership, the seat for which confirmation is denied or rejected shall not be considered when determining if a quorum of board membership exists. (D) Within ninety days of a parole board member's appointment by the Governor and confirmation by the Senate, the board member must complete a comprehensive training course developed by the department using training components consistent with those offered by the National Institute of Corrections or the American Probation and Parole Association. This training course must include classes regarding the following: (1) the elements of the decision making process, through the use of evidence-based practices for determining offender risk, needs and motivations to change, including the actuarial assessment tool that is used by the parole agent; (2) security classifications as established by the Department of Corrections; (3) programming and disciplinary processes and the department's supervision, case planning, and violation process; (4) the dynamics of criminal victimization; and (5) collaboration with corrections related stakeholders, both public and private, to increase offender success and public safety. The department must promulgate regulations setting forth the minimum number of hours of training required for the board members and the specific requirements of the course that the members must complete. (E)(1) Each parole board member is also required to complete a minimum of eight hours of training annually, which shall be provided for in the department's annual budget. This annual training course must be developed using the training components consistent with those offered by the National Institute of Corrections or American Probation and Parole Association and must offer classes regarding: (a) a review and analysis of the effectiveness of the assessment tool used by the parole agents; (b) a review of the department's progress toward public safety goals; (c) the use of data in decision making; and (d) any information regarding promising and evidence-based practices offered in the corrections related and crime victim dynamics field. The department must promulgate regulations setting forth the specific criteria for the course that the members must complete. (2) If a parole board member does not fulfill the training as provided in this section, the Governor, upon notification, must remove that member from the board unless the Governor grants the parole board member an extension to complete the training, based upon exceptional circumstances. (F) The department must develop a plan that includes the following: (1) establishment of a process for adopting a validated actuarial risk and needs assessment tool consistent with evidence-based practices and factors that contribute to criminal behavior, which the parole board shall use in making parole decisions, including additional objective criteria that may be used in parole decisions; (2) establishment of procedures for the department on the use of the validated assessment tool to guide the department, parole board, and agents of the department in determining supervision management and strategies for all offenders under the department's supervision, including offender risk classification, and case planning and treatment decisions to address criminal risk factors and reduce offender risk of recidivism; and (3) establishment of goals for the department, which include training requirements, mechanisms to ensure quality implementation of the validated assessment tool, and safety performance indicators. (G) The director shall submit the plan in writing to the Sentencing Reform Oversight Committee no later than July 1, 2011. Thereafter, the department must submit an annual report to the Sentencing Reform Oversight Committee on its performance for the previous fiscal year and plans for the upcoming year. The department must collect and report all relevant data in a uniform format of both board decisions and field services and must annually compile a summary of past practices and outcomes. Effect of Amendment The 2010 amendment rewrote the section. The 2012 amendments in subsection (B), substituted "Each of the seven members" for "Six of the seven members" and "At least one appointee" for "and one member must be appointed at large. The at-large appointee".
S.C. Code Ann. § 24-13-650 — SC Code / Title 24 / Chapter 13 / Article 7 / Section 24-13-650
SECTION 24-13-650. Prohibition against release of offender into community in which he committed violent crime; exception.
Status: in_force

(A) No offender committed to incarceration for a violent offense as defined in Section 16-1-60 or a "no parole offense" as defined in Section 24-13-100 may be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Article 15, Chapter 3, Title 16 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program. (B) An offender committed to incarceration for voluntary manslaughter (Section 16-3-50), kidnapping (Section 16-3-910), carjacking (Section 16-3-1075), burglary in the second degree (Section 16-11-312(B)), armed robbery (Section 16-11-330(A)), or attempted armed robbery (Section 16-11-330(B)), may be released under the work release program back into the community in which the offender committed the offense, if the crime did not involve any criminal sexual conduct or an additional violent crime as defined in Section 16-1-60, the person is within three years of release from imprisonment, and the provisions of subsection (A) are fulfilled. Effect of Amendment The 2010 amendment added the subsection identifiers and added subsection (B) relating to work release where the crime did not involve any criminal sexual conduct or an additional violent crime.
S.C. Code Ann. § 24-21-80 — SC Code / Title 24 / Chapter 21 / Article 1 / Section 24-21-80
SECTION 24-21-80. Supervision fee; hardship exemption; delinquencies; substitution of public service.
Status: in_force

An adult placed on probation, parole, or community supervision shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the Department of Probation, Parole, and Pardon Services based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department, carried forward, and applied to the department's operation. The payment of the fee must be a condition of probation, parole, or community supervision, and a delinquency of two months or more in making payments may operate as a revocation. If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed under intensive supervision, or if a person participating in a community supervision program is placed under intensive supervision, the probationer, parolee, inmate, or community supervisee is required to pay not less than ten dollars nor more than thirty dollars each week for the duration of intensive supervision in lieu of the regular supervision fee. The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department determines that exceptional circumstances exist such that these payments work a severe hardship on the individual. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount. The department may substitute public service employment for supervision fees when it considers the same to be in the best interest of the State and the individual.
S.C. Code Ann. § 24-25-60 — SC Code / Title 24 / Chapter 25 / Section 24-25-60
SECTION 24-25-60. Board to elect officers; terms; meetings; compensation.
Status: in_force

The school board at its first meeting, and every two years thereafter, shall elect a chairman, a vice-chairman and such other officers as it deems necessary who shall serve for two years each and until their successors are elected and qualify. No person may succeed himself as chairman of the board. The school board shall meet at least quarterly and at such other times as may be designated by the chairman. Special meetings may be called by the chairman or by a majority of the members of the board upon at least seventy-two hours notice. Five members of the board shall constitute a quorum at all meetings thereof. The members of the board shall be paid per diem, mileage and subsistence as provided by law for members of boards, commissions and committees.
S.C. Code Ann. § 24-21-1200 — SC Code / Title 24 / Chapter 21 / Article 12 / Section 24-21-1200
SECTION 24-21-1200. Withdrawal; termination and penalties for performance default by compacting state; legal actions; dissolution.
Status: in_force

(A)(1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact by enacting a statute specifically repealing the statute which enacted the compact into law. (2) The effective date of withdrawal is the effective date of the repeal. (3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. (4) The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof. (5) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations the performance of which extend beyond the effective date of withdrawal. (6) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon a later date as determined by the Interstate Commission. (B)(1) If the Interstate Commission determines that any compacting state has at a time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the Interstate Commission may impose any or all of the following penalties: (a) fines, fees, and costs in amounts as are considered reasonable as fixed by the Interstate Commission; (b) remedial training and technical assistance as directed by the Interstate Commission; or (c) suspension and termination of membership in the compact. Suspension must be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension must be given by the Interstate Commission to the Governor, the Chief Justice of the State, the majority and minority leaders of the defaulting state's legislature, and the state commissions. The grounds for default include, but are not limited to, failure of a compacting state to perform the obligations or responsibilities imposed upon it by this compact, Interstate Commission bylaws, or duly promulgated rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact must be terminated from the effective date of suspension. (2) Within sixty days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the Governor, the Chief Justice, the majority and minority leaders of the defaulting state's legislature, and the state commissioners of the termination. (3) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination. (4) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state. (5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules. (C) The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the Federal District where the Interstate Commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of the litigation including reasonable attorney fees. (D)(1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state. (2) Upon the dissolution of this compact, the compact becomes null and void and of no further force or effect, and the business and affairs of the Interstate Commission must be wound up, and any surplus funds must be distributed in accordance with the bylaws.
S.C. Code Ann. § 24-13-940 — SC Code / Title 24 / Chapter 13 / Article 11 / Section 24-13-940
SECTION 24-13-940. Contracts for service of sentences in custody of department or of other local detention facilities.
Status: in_force

The official administering the work/punishment program may contract with the South Carolina Department of Corrections or with other governmental bodies to allow inmates committed to serve sentences in the custody of the department or in other local detention facilities to participate in the program and be confined in the local detention facility of the receiving official. Effect of Amendment The 2010 amendment substituted "detention facilities" for "correctional facilities" and "detention facility" for "correctional institution".
S.C. Code Ann. § 24-19-90 — SC Code / Title 24 / Chapter 19 / Section 24-19-90
SECTION 24-19-90. Reports and recommendations, director's options.
Status: in_force

On receipt of the report and recommendations from the Reception and Evaluation Center and from the members of the division, the director may: (a) recommend to the division that the committed youthful offender be released conditionally under supervision; or (b) allocate and direct the transfer of the committed youthful offender to an agency or institution for treatment; or (c) order the committed youthful offender confined and afforded treatment under such conditions as he believes best designed for the protection of the public.
S.C. Code Ann. § 24-1-20 — SC Code / Title 24 / Chapter 1 / Section 24-1-20
SECTION 24-1-20. Declaration of policy.
Status: in_force

It shall be the policy of this State in the operation and management of the Department of Corrections to manage and conduct the Department in such a manner as will be consistent with the operation of a modern prison system, and with the view of making the system self-sustaining, and that those convicted of violating the law and sentenced to a term in the State Penitentiary shall have humane treatment, and be given opportunity, encouragement and training in the matter of reformation.
S.C. Code Ann. § 24-13-50 — SC Code / Title 24 / Chapter 13 / Article 1 / Section 24-13-50
SECTION 24-13-50. Municipal and county facility manager responsible for custody of convicted persons, monthly reports.
Status: in_force

Every municipal and county facility manager responsible for the custody of persons convicted of a criminal offense on or before the fifth day of each month must file with the Department of Corrections a written report stating the name, race, age, criminal offense, and date and length of sentence of all prisoners in their custody during the preceding month. Effect of Amendment The 2010 amendment substituted "facility manager" for "official", and made other nonsubstantive changes.
S.C. Code Ann. § 24-21-250 — SC Code / Title 24 / Chapter 21 / Article 3 / Section 24-21-250
SECTION 24-21-250. Pay and expenses of probation agents.
Status: in_force

The probation agents must be paid salaries, to be fixed by the department, payable semimonthly, and also be paid traveling and other necessary expenses incurred in the performance of their official duties when the expense accounts have been authorized and approved by the director.
S.C. Code Ann. § 24-13-720 — SC Code / Title 24 / Chapter 13 / Article 9 / Section 24-13-720
SECTION 24-13-720. Inmates who may be placed with program; search and seizure.
Status: in_force

Unless sentenced to life imprisonment, an inmate under the jurisdiction or control of the Department of Corrections who has not been convicted of a violent crime under the provisions of Section 16-1-60 or a "no parole offense" as defined in Section 24-13-100 may, within six months of the expiration of his sentence, be placed with the program provided for in Section 24-13-710 and is subject to every rule, regulation, and condition of the program. Before an inmate may be released on supervised furlough, the inmate must agree in writing to be subject to search or seizure, without a search warrant, with or without cause, of the inmate's person, any vehicle the inmate owns or is driving, and any of the inmate's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. An inmate may not be released on supervised furlough by the department if he fails to comply with this provision. However, an inmate who was convicted of or pled guilty or nolo contendere to a Class C misdemeanor or an unclassified misdemeanor that carries a term of imprisonment of not more than one year may not be required to agree to be subject to search or seizure, without a search warrant, with or without cause, of the inmate's person, any vehicle the inmate owns or is driving, or any of the inmate's possessions. The conditions for participation must include the requirement that the inmate must permit the search or seizure, without a search warrant, with or without cause, of the inmate's person, any vehicle the inmate owns or is driving, and any of the inmate's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. However, the conditions for participation for an inmate who was convicted of or pled guilty or nolo contendere to a Class C misdemeanor or an unclassified misdemeanor that carries a term of imprisonment of not more than one year may not include the requirement that the inmate agree to be subject to search or seizure, without a search warrant, with or without cause, of the inmate's person, any vehicle the inmate owns or is driving, or any of the inmate's possessions. By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. Immediately before each search or seizure conducted pursuant to this section, the law enforcement officer seeking to conduct the search or seizure must verify with the Department of Probation, Parole and Pardon Services or by any other means available to the officer that the individual upon whom the search or seizure will be conducted is currently on supervised furlough. A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant must be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation. If the law enforcement officer fails to report each search or seizure pursuant to this section, he is subject to discipline pursuant to the employing agency's policies and procedures. No inmate otherwise eligible under the provisions of this section for placement with the program may be so placed unless he has qualified under the selection criteria and process authorized by the provisions of Section 24-13-710. He also must have maintained a clear disciplinary record for at least six months prior to eligibility for placement with the program. Editor's Note 2010 Act No. 151, SECTIONS 2 and 16, provide: "SECTION 2. It is the intent of the General Assembly of South Carolina to provide law enforcement officers with the statutory authority to reduce recidivism rates of probationers and parolees, apprehend criminals, and protect potential victims from criminal enterprises." "SECTION 16. In any instance in which a law enforcement officer has failed to make the reports necessary to the State Law Enforcement Division for warrantless searches, then in the absence of a written policy by the employing agency enforcing the reporting requirements, the otherwise applicable state-imposed, one-day suspension without pay applies." Effect of Amendment The 2010 amendment inserted the text after the first sentence and before the last undesignated paragraph.
S.C. Code Ann. § 24-21-450 — SC Code / Title 24 / Chapter 21 / Article 5 / Section 24-21-450
SECTION 24-21-450. Arrest for violating terms of probation; bond.
Status: in_force

At any time during the period of probation or suspension of sentence the court, or the court within the venue of which the violation occurs, or the probation agent may issue or cause the issuing of a warrant and cause the defendant to be arrested for violating any of the conditions of probation or suspension of sentence. Any police officer or other agent with power of arrest, upon the request of the probation agent, may arrest a probationer. In case of an arrest, the arresting officer or agent must have a written warrant from the probation agent setting forth that the probationer has, in his judgment, violated the conditions of probation, and such statement shall be warrant for the detention of such probationer in the county jail or other appropriate place of detention, until such probationer can be brought before the judge of the court or of the court within the venue of which the violation occurs. Such probation agent must forthwith report such arrest and detention to the judge of the court, or of the court within the venue of which the violation occurs, and submit in writing a report showing in what manner the probationer has violated his probation. Provided, that any person arrested for the violation of the terms of probation must be entitled to be released on bond pending a hearing, and such bond shall be granted and the amount thereof determined by a magistrate in the county where the probationer is confined or by the magistrate in whose jurisdiction the alleged violation of probation occurred.
S.C. Code Ann. § 24-21-480 — SC Code / Title 24 / Chapter 21 / Article 5 / Section 24-21-480
SECTION 24-21-480. Restitution Center program; distribution of offenders' salaries.
Status: in_force

The judge may suspend a sentence for a defendant convicted of a nonviolent offense, as defined in Section 16-1-70, for which imprisonment of more than ninety days may be imposed, or as a revocation of probation, and may place the offender in a restitution center as a condition of probation. The board may place a prisoner in a restitution center as a condition of parole. The department, on the first day of each month, shall present to the general sessions court a report detailing the availability of bed space in the restitution center program. The restitution center is a program under the jurisdiction of the department. The offender must have paid employment and/or be required to perform public service employment up to a total of fifty hours per week. The offender must deliver his salary to the restitution center staff who must distribute it in the following manner: (1) restitution to the victim or payment to the account established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, as ordered by the court; (2) payment of child support or alimony or other sums as ordered by a court; (3) payment of any fines or court fees due; (4) payment of a daily fee for housing and food. This fee may be set by the department with the approval of the Department of Administration. The fee must be based on the offender's ability to pay not to exceed the actual costs. This fee must be deposited by the department with the State Treasurer for credit to the same account as funds collected under Sections 14-1-210 through 14-1-230; (5) payment of any costs incurred while in the restitution center; (6) if available, fifteen dollars per week for personal items. The remainder must be deposited and given to the offender upon his discharge. The offender must be in the restitution center for not more than six months, nor less than three months; provided, however, in those cases where the maximum term is less than one year the offender must be in the restitution center for not more than ninety days nor less than forty-five days. Upon release from the restitution center, the offender must be placed on probation for a term as ordered by the court. Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence. No person must be made ineligible for this program by reason of gender. Effect of Amendment The 2008 amendment rewrote item (4).
S.C. Code Ann. § 24-21-60 — SC Code / Title 24 / Chapter 21 / Article 1 / Section 24-21-60
SECTION 24-21-60. Cooperation of public agencies and officials; surveys.
Status: in_force

Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the director of the department, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of state correctional facilities, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys.
S.C. Code Ann. § 24-19-40 — SC Code / Title 24 / Chapter 19 / Section 24-19-40
SECTION 24-19-40. Adoption of rules.
Status: in_force

The division shall adopt such rules as the South Carolina Department of Corrections approves and promulgate them as they apply directly or indirectly to its procedure.
S.C. Code Ann. § 24-3-965 — SC Code / Title 24 / Chapter 3 / Article 9 / Section 24-3-965
SECTION 24-3-965. Certain offenses relating to contraband tried in magistrate's court.
Status: in_force

Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, 24-3-950, and 24-7-155, the offenses of furnishing contraband, other than weapons or illegal drugs, to an inmate under the jurisdiction of the Department of Corrections or to an inmate in a county jail, municipal jail, regional detention facility, prison camp, work camp, or overnight lockup facility, and the possession of contraband, other than weapons or illegal drugs, by an inmate under the jurisdiction of the Department of Corrections or by an inmate in a county jail, municipal jail, regional detention facility, prison camp, work camp, or overnight lockup facility must be tried exclusively in magistrates court. Matters considered contraband within the meaning of this section are those which are designated as contraband by the Director of the Department of Corrections or by the local facility manager. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-21-1000 — SC Code / Title 24 / Chapter 21 / Article 11 / Section 24-21-1000
SECTION 24-21-1000. Certificate of pardon.
Status: in_force

For those applicants to be granted a pardon, a certificate of pardon shall be issued by the Board stating that the individual is absolved from all legal consequences of his crime and conviction, and that all of his civil rights are restored.
S.C. Code Ann. § 24-27-150 — SC Code / Title 24 / Chapter 27 / Article 1 / Section 24-27-150
SECTION 24-27-150. Insufficient trust account funds.
Status: in_force

If a prisoner does not have a trust account, or if the prisoner's trust account does not contain sufficient funds to make the first-time payments required by this chapter, the civil action may still be filed, but the prisoner shall remain responsible for the full payment of filing fees and court costs. Payments of ten percent of the preceding month's income of the prisoner's trust account, as set forth in this chapter, shall be made from the prisoner's trust account as soon as a trust account is created for the prisoner and funds are available in the account.
S.C. Code Ann. § 24-13-1320 — SC Code / Title 24 / Chapter 13 / Article 13 / Section 24-13-1320
SECTION 24-13-1320. Regulations; reports.
Status: in_force

(A) The director of the department, guided by consideration for the safety of the community and the welfare of the inmate, shall promulgate regulations, according to procedures set forth in the Administrative Procedures Act, for the shock incarceration program. The regulations must reflect the purpose of the program and include, but are not limited to, selection criteria, inmate discipline, programming and supervision, and program structure and administration. (B) A program may be established only at an institution classified by the director as a shock incarceration facility. (C) The department shall undertake studies and prepare reports periodically on the impact of a program and on whether the programmatic objectives are met
S.C. Code Ann. § 24-13-420 — SC Code / Title 24 / Chapter 13 / Article 5 / Section 24-13-420
SECTION 24-13-420. Unlawful escape; harboring or employing escaped convicts; penalty.
Status: in_force

(A) It is unlawful for a person, lawfully confined in a prison, local detention facility, or under the supervision of an officer or other employee, whether awaiting trial or serving sentence, to escape, to attempt to escape, or to have in his possession tools, weapons, or other items that may be used to facilitate an escape. (B) A person who knowingly harbors or employs an escaped inmate is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-9-35 — SC Code / Title 24 / Chapter 9 / Section 24-9-35
SECTION 24-9-35. Deaths of incarcerated persons, reports; penalty.
Status: in_force

If a person dies while incarcerated or in the custody of a municipal, county, or multijurisdictional overnight lockup or jail, county prison camp, or state correctional facility, the facility manager or any other person physically in charge of the facility at the time death occurs immediately shall notify the coroner of the county in which the institution is located. The facility manager or other person in charge also shall report the death and circumstances surrounding it within seventy-two hours to the Jail and Prison Inspection Division of the Department of Corrections. The division shall retain a permanent record of the reports. Reports must be made on forms prescribed by the division. A person knowingly and wilfully violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 24-22-110 — SC Code / Title 24 / Chapter 22 / Section 24-22-110
SECTION 24-22-110. Enrollees' status; retention and sharing of control by departments; revocation of enrollment.
Status: in_force

Offenders enrolled in the offender management system shall retain the status of inmates in the jurisdiction of the South Carolina Department of Corrections. Control over the offenders is vested in the South Carolina Department of Corrections while the offender is in a reintegration center and is vested in the South Carolina Department of Probation, Parole and Pardon Services while the offender is in the community. Offenders may be revoked from the offender management system for a violation of any condition of the offender management system. There shall be no right to appeal the revocation decision of either department. Editor's Note Termination date of offender management system and any regulations promulgated thereto, see SECTION 24-22-170.
S.C. Code Ann. § 24-21-110 — SC Code / Title 24 / Chapter 21 / Article 1 / Section 24-21-110
SECTION 24-21-110. Administrative sanctions.
Status: in_force

(A) In response to a violation of the terms and conditions of any supervision program operated by the department, whether pursuant to statute or contract with another state agency, the probation agent may, with the concurrence of his supervisor and, as an alternative to issuing a warrant or citation, serve on the offender a notice of administrative sanctions. The agent must not serve a notice of administrative sanctions on an offender for violations of special conditions if a sentencing court provided that those violations would be heard by the court. The administrative sanctions must be equal to or less restrictive than the sanctions available to the revoking authority, with the exception of revocation. (B) If the offender agrees in writing to the additional conditions set forth in the notice or order of administrative sanctions, the conditions must be implemented with swiftness and certainty. If the offender does not agree, or if after agreeing the offender fails to fulfill the additional conditions to the satisfaction of the probation agent and his supervisor, then the probation agent may commence revocation proceedings. (C) In addition to the notice of administrative sanctions, a hearing officer with the department may, as an alternative to sending a case forward to the revoking authority, impose on the offender an order of administrative sanctions. The order may be made only after the hearing officer has made a finding of probable cause at a preliminary hearing that an offender has violated the terms and conditions of any supervision program operated by the department, whether pursuant to statute or a contract with another state agency. The administrative sanctions must be equal to or less restrictive than the sanctions available to the revoking authority, with the exception of revocation. The sanctions must be implemented with swiftness and certainty. (D) The administrative sanctions shall be established by regulations of the department, as set forth by established administrative procedures. The department shall delineate in the regulations a listing of administrative sanctions for the most common types of supervision violations including, but not limited to: failure to report; failure to pay fines, fees, and restitution; failure to participate in a required program or service; failure to complete community service; and failure to refrain from the use of alcohol or controlled substances. The sanctions shall consider the severity of the current violation, the offender's previous criminal record, the number and severity of previous supervision violations, the offender's assessment, and the extent to which administrative sanctions were imposed for previous violations. The department, in determining the list of administrative sanctions to be served on an offender, shall ascertain the availability of community-based programs and treatment options including, but not limited to: inpatient and outpatient substance abuse treatment facilities; day reporting centers; restitution centers; intensive supervision; electronic monitoring; community service; programs to reduce criminal risk factors; and other community-based options consistent with evidence-based practices. (E) The department shall provide annually to the Sentencing Reform Oversight Committee: (1) the number of offenders who were placed on administrative sanctions during the prior fiscal year and who were not returned to incarceration within that fiscal year; (2) the number and percentage of offenders whose supervision programs were revoked for violations of the conditions of supervision and ordered to serve a term of imprisonment. This calculation shall be based on the fiscal year prior to the fiscal year in which the report is required. The baseline revocation rate shall be the revocation rate in Fiscal Year 2010; and (3) the number and percentage of offenders who were convicted of a new offense and sentenced to a term of imprisonment. This calculation shall be based on the fiscal year prior to the fiscal year in which the report is required. The baseline revocation rate shall be the revocation rate in Fiscal Year 2010.
S.C. Code Ann. § 24-19-5 — SC Code / Title 24 / Chapter 19 / Section 24-19-5
SECTION 24-19-5. Short title.
Status: in_force

This chapter may be cited as the "Judge William R. Byars Youthful Offender Act".
S.C. Code Ann. § 24-21-230 — SC Code / Title 24 / Chapter 21 / Article 3 / Section 24-21-230
SECTION 24-21-230. Employment of probation agents and other staff; employment and duties of hearing officers; offender supervision specialists.
Status: in_force

(A) The director must employ probation agents required for service in the State and clerical assistants as necessary. The probation agents must take and pass psychological and qualifying examinations as directed by the director. The director must ensure that each probation agent receives adequate training. Until the initial employment requirements are met, no person may take the oath of a probation agent nor exercise the authority granted to them. (B) The director must employ hearing officers who conduct preliminary hearings to determine probable cause on violations committed by individuals under the supervision of the department and as otherwise provided by law. This includes, but is not limited to, violations concerning probation, parole, and community supervision. The hearing officer also conducts preliminary hearings and final revocation hearings for supervised furlough, youthful offender conditional release cases, and such other hearings as required by law. The department shall promulgate regulations for the qualifications of the hearing officers and the procedures for the preliminary hearings. Until regulations are adopted, the qualifications and procedures shall be based on guidelines developed by the director. (C) The director, in his discretion, may employ offender supervision specialists to oversee the supervision of standard and low-risk offenders. The department shall promulgate regulations for the qualifications of offender supervision specialists and procedures for classifying offenders as standard and low-risk offenders based on criminal risk factors. Effect of Amendment The 2010 amendment added the subsection identifiers, and added subsection (B) relating to hearing officers. 2017 Act No. 75, SECTION 1, added (C), providing that the director may employ offender supervision specialists.
S.C. Code Ann. § 24-21-670 — SC Code / Title 24 / Chapter 21 / Article 7 / Section 24-21-670
SECTION 24-21-670. Term of parole.
Status: in_force

Any prisoner who may be paroled under authority of this chapter shall continue on parole until the expiration of the maximum term or terms specified in his sentence without deduction of such allowance for good conduct as may be provided for by law.
S.C. Code Ann. § 24-1-90 — SC Code / Title 24 / Chapter 1 / Section 24-1-90
SECTION 24-1-90. Director authorized to make rules and regulations.
Status: in_force

The director shall have authority to make and promulgate rules and regulations necessary for the proper performance of the department's functions.
S.C. Code Ann. § 24-21-540 — SC Code / Title 24 / Chapter 21 / Article 6 / Section 24-21-540
SECTION 24-21-540. Community Control Centers for higher risk offenders; guidelines for placement.
Status: in_force

The department shall develop and operate Community Control Centers for higher risk offenders, if the General Assembly appropriates funds to operate the centers. If the department has recommended the placement, offenders may be placed in a center for not less than thirty days nor more than six months by a judge as a condition of probation or as an alternative to probation revocation, or by the board as a condition of parole or as an alternative to parole revocation. An offender may not be placed in the center for more than six months on the same crime. There must not be consecutive sentencing to a Community Control Center.
S.C. Code Ann. § 24-27-220 — SC Code / Title 24 / Chapter 27 / Article 2 / Section 24-27-220
SECTION 24-27-220. Discretion of Director.
Status: in_force

Nothing in this chapter shall affect the discretion of the Director of the Department of Corrections in determining whether or not a prisoner's earned work, education, or good conduct credits shall be forfeited.
S.C. Code Ann. § 24-21-1160 — SC Code / Title 24 / Chapter 21 / Article 12 / Section 24-21-1160
SECTION 24-21-1160. Promulgation of rules and amendments; emergency rules.
Status: in_force

(A) The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states. (B) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. The rulemaking shall substantially conform to the principles of the federal Administrative Procedures Act, 5 U.S.C.S. Section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, Section 1 et seq., as amended (hereinafter "APA"). (C) All rules and amendments shall become binding as of the date specified in each rule or amendment. (D) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then the rule shall have no further force and effect in any compacting state. (E) When promulgating a rule, the Interstate Commission shall: (1) publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule; (2) allow persons to submit written data, facts, opinions, and arguments, which information must be publicly available; (3) provide an opportunity for an informal hearing; and (4) promulgate a final rule and its effective date, if appropriate, based on the rulemaking record. (F) Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission's principal office is located for judicial review of the rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside. (G) Subjects to be addressed within twelve months after the first meeting must at a minimum include: (1) notice to victims and opportunity to be heard; (2) offender registration and compliance; (3) violations and returns; (4) transfer procedures and forms; (5) eligibility for transfer; (6) collection of restitution and fees from offenders; (7) data collection and reporting; (8) the level of supervision to be provided by the receiving state; (9) transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and (10) mediation, arbitration, and dispute resolution. The existing rules governing the operation of the previous compact superseded by this act shall be null and void twelve months after the first meeting of the Interstate Commission created hereunder. (H) Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to the emergency rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule.
S.C. Code Ann. § 24-3-950 — SC Code / Title 24 / Chapter 3 / Article 9 / Section 24-3-950
SECTION 24-3-950. Contraband.
Status: in_force

It shall be unlawful for any person to furnish or attempt to furnish any prisoner under the jurisdiction of the Department of Corrections with any matter declared by the director to be contraband. It shall also be unlawful for any prisoner under the jurisdiction of the Department of Corrections to possess any matter declared to be contraband. Matters considered contraband within the meaning of this section shall be those which are determined to be such by the director and published by him in a conspicuous place available to visitors and inmates at each correctional institution. Any person violating the provisions of this section shall be deemed guilty of a felony and, upon conviction, shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both.
S.C. Code Ann. § 24-3-400 — SC Code / Title 24 / Chapter 3 / Article 3 / Section 24-3-400
SECTION 24-3-400. Prison Industries Account.
Status: in_force

All monies collected by the Department of Corrections from the sale or disposition of articles and products manufactured or produced by inmate labor, in accordance with the provisions of this article, must be forthwith deposited with the State Treasurer to be kept and maintained as a special revolving account designated "Prison Industries Account", and the monies so collected and deposited must be used solely for the purchase of manufacturing supplies, equipment, machinery, and buildings used to carry out the purposes of this article, as well as for the payment of the necessary personnel in charge, and to otherwise defray the necessary expenses incident thereto and to discharge any existing obligation to the Sinking Funds and Property Division of the Department of Administration, all of which must be under the direction and subject to the approval of the Director of the Department of Corrections. The Department of Corrections shall contribute an amount of not less than five percent nor more than twenty percent of the gross wages paid to inmate workers participating in any prison industry project established pursuant to the Justice Assistance Act of 1984 (P.L. 98-473) and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984 (P.L. 98-473, Title 2, Chapter 14, Section 1404). The Prison Industries Account must never be maintained in excess of the amount necessary to efficiently and properly carry out the intentions of this article. When, in the opinion of the Director of the Department of Corrections, the Prison Industries Account has reached a sum in excess of the requirements of this article, the excess must be used by the Department of Corrections for operating expenses and permanent improvements to the state prison system, subject to the approval of the State Fiscal Accountability Authority, or the Department of Administration, as applicable. Effect of Amendment The 2010 amendment, in the first sentence, substituted "inmate labor" for "convict labor" and twice deleted "State" before "Department of Corrections".
S.C. Code Ann. § 24-21-910 — SC Code / Title 24 / Chapter 21 / Article 11 / Section 24-21-910
SECTION 24-21-910. Petitions for reprieve or commutation of death sentence; recommendation to governor.
Status: in_force

The Probation, Parole, and Pardon Services Board shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which may be referred to it by the Governor and shall make its recommendations to the Governor regarding the petitions. The Governor may or may not adopt the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any petition without reference to the board.
S.C. Code Ann. § 24-22-160 — SC Code / Title 24 / Chapter 22 / Section 24-22-160
SECTION 24-22-160. Operating capacities of prison populations to be established; certification.
Status: in_force

The Department of Corrections and the Department of Administration shall establish the operating capacities of the male prison population and the female prison population of the prison system operated by the Department of Corrections and shall, at least quarterly, certify existing operating capacities or establish change or new operating capacities. Editor's Note Termination date of offender management system and any regulations promulgated thereto, see SECTION 24-22-170.
S.C. Code Ann. § 24-21-410 — SC Code / Title 24 / Chapter 21 / Article 5 / Section 24-21-410
SECTION 24-21-410. Power to suspend sentence and impose probation; exceptions; search and seizure.
Status: in_force

After conviction or plea for any offense, except a crime punishable by death or life imprisonment, the judge of a court of record with criminal jurisdiction at the time of sentence may suspend the imposition or the execution of a sentence and place the defendant on probation or may impose a fine and also place the defendant on probation. Probation is a form of clemency. Before a defendant may be placed on probation, he must agree in writing to be subject to a search or seizure, without a search warrant, based on reasonable suspicions, of the defendant's person, any vehicle the defendant owns or is driving, and any of the defendant's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. A defendant may not be placed on probation by the court if he fails to comply with this provision and instead must be required to serve the suspended portion of the defendant's sentence. However, a defendant who was convicted of or pled guilty or nolo contendere to a Class C misdemeanor or an unclassified misdemeanor that carries a term of imprisonment of not more than one year may not include the requirement that the defendant agree to be subject to search or seizure, without a search warrant, with or without cause, of the defendant's person, any vehicle the defendant owns or is driving, or any of the defendant's possessions. Immediately before each search or seizure pursuant to this section, the law enforcement officer seeking to conduct the search or seizure must verify with the Department of Probation, Parole and Pardon Services or by any other means available to the officer that the individual upon whom the search or seizure will be conducted is currently on parole. A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant must be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation. If the law enforcement officer fails to report each search or seizure pursuant to this section, he is subject to discipline pursuant to the employing agency's policies and procedures. Editor's Note 2010 Act No. 151, SECTIONS 2 and 16, provide: "SECTION 2. It is the intent of the General Assembly of South Carolina to provide law enforcement officers with the statutory authority to reduce recidivism rates of probationers and parolees, apprehend criminals, and protect potential victims from criminal enterprises." "SECTION 16. In any instance in which a law enforcement officer has failed to make the reports necessary to the State Law Enforcement Division for warrantless searches, then in the absence of a written policy by the employing agency enforcing the reporting requirements, the otherwise applicable state-imposed, one-day suspension without pay applies." Effect of Amendment The 2010 amendment added the text following the second sentence.
S.C. Code Ann. § 24-21-1110 — SC Code / Title 24 / Chapter 21 / Article 12 / Section 24-21-1110
SECTION 24-21-1110. Definitions.
Status: in_force

As used in this compact, unless the context clearly requires a different construction: (A) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. (B) "By-laws" mean those by-laws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission's actions or conduct. (C) "Compact administrator" means the individual in each compacting state appointed to administer and manage the state's supervision and transfer of offenders subject to the terms of this compact and the rules adopted by the Interstate Commission. (D) "Compacting state" means any state which has enacted the enabling legislation for this compact. (E) "Commissioner" means the voting representative of each compacting state appointed pursuant to Section 24-21-1120 and this compact. (F) "Interstate Commission" means the Interstate Commission for Adult Offender Supervision. (G) "Member" means the commissioner of a compacting state or designee, who must be a person officially connected with the commissioner. (H) "Noncompacting state" means a state which has not enacted the enabling legislation for this compact. (I) "Offender" means an adult placed under, or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of a court, paroling authority, corrections, or other criminal justice agency. (J) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private. (K) "Rules" means acts of the Interstate Commission, promulgated pursuant to Section 24-21-1160 of this compact, substantially affecting interested parties in addition to the Interstate Commission, which have the force and effect of law in the compacting states. (L) "State" means a state of the United States, the District of Columbia, and any territorial possession of the United States. (M) "State Council" means the resident members of the state council for Interstate Adult Offender Supervision created by each state under Section 24-21-1120.
S.C. Code Ann. § 24-21-280 — SC Code / Title 24 / Chapter 21 / Article 3 / Section 24-21-280
SECTION 24-21-280. Duties and powers of probation agents; authority to enforce criminal laws.
Status: in_force

(A) A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage persons on probation, parole, or community supervision to bring about improvement in their conduct and condition and to reduce the risk of recidivism for the offenders under his supervision. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require. (B) A probation agent has, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and, to the extent necessary, the same right to execute process given by law to sheriffs. A probation agent has the power and authority to enforce the criminal laws of the State. In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department, and the board. (C) A probation agent must conduct an actuarial assessment of offender risks and needs, including criminal risk factors and specific needs of each individual, under the supervision of the department, which shall be used to make objectively based decisions that are consistent with evidence-based practices on the type of supervision and services necessary. The actuarial assessment tool shall include screening and comprehensive versions. The screening version shall be used as a triage tool to determine offenders who require the comprehensive version. The director also shall require each agent to receive annual training on evidence-based practices and criminal risks factors and how to target these factors to reduce recidivism. (D) A probation agent, in consultation with the probation agent's supervisor, shall identify each individual under the department's supervision, with a term of supervision of more than one year, and shall calculate and award compliance credits as provided in this section. Credits may be earned from the first day of supervision on a thirty-day basis, but must not be applied until after each thirty-day period of supervision has been completed. Compliance credits may be denied for noncompliance on a thirty-day basis as determined by the department. The denial of nonearned compliance credits is a final decision of the department and is not subject to appeal. An individual may earn up to twenty days of compliance credits for each thirty-day period in which the department determines that the individual has substantially fulfilled all of the conditions of the individual's supervision. (E) Any portion of the earned compliance credits are subject to be revoked by the department if an individual violates a condition of supervision during a subsequent thirty-day period. (F) The department shall provide annually to the Sentencing Reform Oversight Committee the number of offenders who qualify for compliance credits and the amount of credits each has earned within a fiscal year. (G) Offender supervision specialists have the same duties and authority granted to probation agents, except for the authority granted in subsection (B). Effect of Amendment The 2010 amendment rewrote the section. 2016 Act No. 154, SECTION 7, in (D), substituted "the probation agent's supervisor" for "his supervisor", and "under the department's supervision" for "under the supervision of the department" in the first sentence; substituted "but must not be applied" for "but shall not be applied", in the second sentence; and substituted "in which the department determines that the individual has substantially fulfilled all of the conditions of the individual's supervision" for "in which he has fulfilled all of the conditions of his supervision, has no new arrests, and has made all scheduled payments of his financial obligations" in the last sentence. 2017 Act No. 75, SECTION 2, added (G), providing that, with some exceptions, offender supervision specialists have the same duties and authority granted to probation agents.
S.C. Code Ann. § 24-27-200 — SC Code / Title 24 / Chapter 27 / Article 2 / Section 24-27-200
SECTION 24-27-200. Forfeiture of work, education, or good conduct credits.
Status: in_force

A prisoner shall forfeit all or part of his earned work, education, or good conduct credits in an amount to be determined by the Department of Corrections upon recommendation of the court if the court finds that the prisoner has done any of the following in a case pertaining to his incarceration or apprehension filed by him in state or federal court or in an administrative proceeding while incarcerated: (1) submitted a malicious or frivolous claim, or one that is intended solely to harass the party filed against; (2) testified falsely or otherwise presented false evidence or information to the court; (3) unreasonably expanded or delayed a proceeding; or (4) abused the discovery process. The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to move for the findings in a case in which the State or any public entity or official is a defendant.
S.C. Code Ann. § 24-21-100 — SC Code / Title 24 / Chapter 21 / Article 1 / Section 24-21-100
SECTION 24-21-100. Administrative monitoring when fines outstanding; fee.
Status: in_force

(A) Notwithstanding the provisions of Section 24-19-120, 24-21-440, 24-21-560(B), or 24-21-670, when an individual has not fulfilled the individual's obligations for payment of financial obligations by the end of the individual's term of supervision, then the individual shall be placed under quarterly administrative monitoring, as defined in Section 24-21-5, by the department until such time as those financial obligations are paid in full or a consent order of judgment is filed. If the individual under administrative monitoring fails to make reasonable progress toward the payment of such financial obligations, as determined by the department, the department may petition the court to hold an individual in civil contempt for failure to pay the financial obligations. The department shall provide written notice of the petition and any scheduled contempt hearing by depositing the notice in the United States mail with postage prepaid addressed to the person at the address contained in the records of the department. The giving of notice by mail is complete ten days after the deposit of the notice. A certificate by the director of the department or the director's designee that the notice has been sent as required in this section is presumptive proof that the requirements as to notice of petition and any scheduled contempt hearing have been met even if the notice has not been received by the offender. If the court finds the individual has the ability to pay but has not made reasonable progress toward payment, the court may hold the individual in civil contempt of court and may impose a term of confinement in the local detention center until payment of the financial obligations, but in no case to exceed ninety days of confinement. Following any term of confinement, the individual shall be returned to quarterly administrative monitoring by the department. If the individual under administrative monitoring does not have the ability to pay the financial obligations and has no reasonable likelihood of being able to pay in the future, the department may submit a consent order of judgment to the court, which shall relieve the individual of any further administrative monitoring. (B) An individual placed on administrative monitoring shall pay a regular monitoring fee toward offsetting the cost of his administrative monitoring for the period of time that he remains under monitoring. The regular monitoring fee must be determined by the department based upon the ability of the person to pay. The fee must not be more than ten dollars a month. All regular monitoring fees must be retained by the department, carried forward, and applied to the department's operation. Effect of Amendment 2016 Act No. 154, SECTION 6, in (A), made gender neutral changes in the first sentence, and added the third through fifth sentences, relating to notice.