reglab/housing_qa huggingface dataset:
SC Code § 17-25-125 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-125. Sentence for crimes involving the unlawful taking or receiving of or malicious injury to property may not be suspended unless restitution made.

 Notwithstanding any other provision of law, in every case in which a person is sentenced for a crime involving the unlawful taking or receiving of or malicious injury to another's property, and the judge sentences such person less than the maximum sentence prescribed by law, a portion of such sentence may be suspended and the defendant placed on probation if he makes restitution to the victim in an amount equal to the monetary loss sustained by the victim as determined by the judge.  If the defendant fails to make restitution in accordance with the terms prescribed by the judge, the suspension shall be revoked and the defendant shall serve the original sentence.  Nothing contained herein shall preclude a judge from prescribing other conditions of probation.  HISTORY: 1976 Act No. 645.
SC Code § 17-25-130 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-130. Accepted plea of guilty as equivalent of jury recommendation of mercy for sentencing purposes.

 In all cases where by law the punishment is affected by the jury recommending the accused to the mercy of the court, and a plea of guilty is accepted with the approval of the court, the accused shall be sentenced in like manner as if the jury in a trial had recommended him to the mercy of the court.  HISTORY: 1962 Code Section 17-553.4; 1962 (52) 2155.
SC Code § 17-25-137 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-137. Liability of court imposing alternative sentence.

 Notwithstanding another provision of law, a court which imposes an alternative sentence upon a defendant is not liable for any injuries sustained by the defendant while the defendant completes his sentence.  HISTORY: 1999 Act No. 100, Part II, Section 97.
SC Code § 17-25-140 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-140. Definitions.

 For purposes of this article the following definitions apply:  (1) "Targeted offenders" means criminal defendants not previously convicted of a violent crime as defined in Section 16-1-60 and who have not yet been convicted in a pending indictment and are determined by the community penalties program staff to face an imminent and substantial threat of imprisonment, with the exception of criminal defendants charged with a violent crime as defined in Section 16-1-60; provided, a targeted offender shall not mean a criminal defendant who has previously participated in a community penalties program or a pretrial intervention program.  (2) "Community penalty plan" means a plan presented in writing to the solicitor and presiding judge after an adjudication of guilt which provides a detailed description of the targeted offender's proposed specific plan for sentencing in the case;  (3) "Community penalties program" means an agency or individual within the judicial circuit which shall prepare community penalty plans and arrange or contract with public or private agencies for necessary services for offenders.  HISTORY: 1986 Act No. 462, Section 3.
SC Code § 17-25-145 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-145. Implementation and operation of community penalties program; contracts for preparation of individual community penalty program plans.

 The Department of Probation, Parole, and Pardon and Services must implement a community penalties program in each judicial circuit of the State. The Department at its discretion may operate the program or contract with public or private agencies for necessary services. Agencies or individuals may contract to prepare individual community penalty program plans for offenders in a particular judicial circuit as prescribed by the Department.  HISTORY: 1986 Act No. 462, Section 3.
SC Code § 17-25-150 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-150. Responsibilities of program; mandatory community penalty plan provisions; limitation upon use of funds.

 (A) Each community penalties program is responsible for:  (1) targeting offenders who face an imminent and substantial threat of imprisonment;  (2) preparing detailed community penalty plans for presentation to the presiding judge by the offender's attorney;  (3) contracting or arranging with public or private agencies for services described in the community penalty plan;  (4) defining objectives of the Communities Penalties Programs;  (5) outlining goals for reduction of offenders committed to prison for each county within the circuit, and a system of monitoring the number of commitments to prison;  (6) developing procedures for obtaining services from existing public or private agencies and preparation of a detailed budget for staff, contracted services, and all other costs;  (7) developing procedures for cooperation with the probation personnel who have supervisory responsibility for the offender;  (8) outlining procedures for evaluating the program's effect on numbers of prison commitments;  (9) outlining procedures for returning offenders who do not comply with their community penalty plan to court for action by the court.  (B) Every community penalty plan must include the following:  (1) notification to the victim of the offender's placement in the program;  (2) solicitation of victim response into the offender's proposed community penalty;  (3) restitution to the victim by the offender within a specified period of time and in an amount to be determined by the court;  (4) payment of such fees and costs of the program by the offender unless the court grants a waiver due to indigency. Procedures for collecting a fee from offenders must be implemented based on a sliding scale according to income and ability to pay;  (5) procedures for returning offenders who do not comply with their community penalty plan to court for action by the court.  (C) Funds provided for use under the provisions of this article may not be used for the operating cost, construction, or any other cost associated with local jail confinement.  HISTORY: 1986 Act No. 462, Section 3.
SC Code § 17-25-160 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-160. Funds for implementing program.

 The funds for implementing the provisions of the Community Penalties Program established in this article must be provided by the General Assembly in the annual general appropriations act from funds available pursuant to Section 14-1-210 of the 1976 Code.  HISTORY: 1986 Act No. 462, Section 2.
SC Code § 17-25-310 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-310. Opening and enforcement of sealed sentences upon arrest.

 Upon the arrest of a person for whom there is a sealed sentence the sheriff shall forthwith carry the prisoner before the clerk of the court who shall, in the presence of the prisoner and the attorney of record if there be one, open and publish such sentence and it shall at once be enforced unless stayed by appeal.  HISTORY: 1962 Code Section 17-571; 1952 Code Section 17-571; 1942 Code Section 984; 1932 Code Section 984; Cr. P. '22 Section 75; Cr. C. '12 Section 72; 1910 (26) 587, 762; 1911 (27) 135.
SC Code § 17-25-320 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-320. Enforcement of sentence and judgment against corporations.

 The sentence and judgment of the court of general sessions in a criminal case against a corporation shall be enforced in the same manner by execution against the property of the defendant as is provided by law for enforcing the judgments of the courts of common pleas in civil actions.  HISTORY: 1962 Code Section 17-572; 1952 Code Section 17-572; 1942 Code Section 991; 1932 Code Section 991; Civ. C. '22 Section 4299; Civ. C. '12 Section 2832; 1911 (27) 41.
SC Code § 17-25-324 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-324. Restitution to secondary victims and third-party payees; reports.

 (A) Secondary victims and third-party payees, excluding the offender's insurer, may receive restitution as determined by the court. The Department of Probation, Parole and Pardon Services shall ensure that a primary victim receives his portion of a restitution order before any of the offender's payments are credited to a secondary victim or a third party payee, or both.  (B) The department shall report 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 by the first day of the 1997 Legislative Session detailed recommendations for collection and distribution of restitution and issues relating to indigent offenders and use of civil remedies.  HISTORY: 1996 Act No. 437, Section 7; 2002 Act No. 356, Section 1, Pt IV.F, eff July 1, 2002.  Editor's Note  1996 Act No. 437, Section 8, eff January 1, 1997, provides as follows:  "Implementation of the changes in law effectuated by this act to Sections 16-3-1110, 16-3-1535, 17-25-322, 17-25-324, and 24-21-490 of the 1976 Code and the requirements thereunder or in any new provisions of law contained herein which would necessitate funding are contingent upon appropriations of sufficient funding by the General Assembly. Nothing herein shall relieve the various agencies and authorities within the offices of the respective clerks of court or judicial, correctional, and parole systems of this State from continuing to meet, enforce, and address those provisions of law related to restitution in effect prior to the enactment hereof."
SC Code § 17-25-325 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-325. Enforcement and execution of judgment in criminal case; findings supported by evidence.

 The sentence and judgment of the court of general sessions in a criminal case against an individual may be enforced in the same manner by execution against the property of the defendant as is provided by law for enforcing the judgments of the courts of common pleas in civil actions. Before a general sessions court may enter a judgment against a defendant's property as authorized by this section, the judge must make findings of fact as to the amount of the judgment to be entered against the defendant. These findings must be supported by the preponderance of the relevant evidence as is offered by the parties.  HISTORY: 1993 Act No. 140, Section 3.
SC Code § 17-25-326 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-326. Alteration, modification, or rescission of order; petition upon good cause; preponderance of evidence.

 Any court order issued pursuant to the provisions of this article may be altered, modified, or rescinded upon the filing of a petition by the defendant, Attorney General, solicitor, or the victim for good and sufficient cause shown by a preponderance of the evidence.  HISTORY: 1993 Act No. 140, Section 4; 1996 Act No. 437, Section 4.
SC Code § 17-25-330 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-330. Execution on forfeited recognizance or for fine.

 When any recognizance shall be adjudged forfeited under the provisions of Section 17-15-170 or when any fine shall be imposed by or recovered for the use of the State in any court or before a magistrate, if the party incurring such fine or forfeiture shall fail to pay it down, with the costs of prosecution, then a writ in the nature of an execution shall issue, by virtue of which the sheriff or his deputy shall sell in the same manner as property is sold under execution in civil cases so much of such offender's estate, real or personal, as may be necessary to satisfy the fine or forfeiture, the cost of prosecution and the reasonable charges of taking, keeping and selling such property, returning the overplus, if any, to the offender, together with a bill of the fine or forfeiture, with costs and charges, if he requires it.  HISTORY: 1962 Code Section 17-573; 1952 Code Section 17-573; 1942 Code Section 1042; 1932 Code Section 1042; Cr. P. '22 Section 131; Cr. C. '12 Section 113; Cr. C. '02 Section 86; G. S. 2661; R. S. 86; 1787 (5) 13.
SC Code § 17-25-340 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-340. When offender may be committed to jail; privilege of insolvent debtors.

 If the sheriff or his deputy return on oath that such offender refused to pay or has not any property or not sufficient whereon to levy, then a writ of capias ad satisfaciendum shall issue whereby he shall be committed to the common jail, until the forfeiture, costs and charges shall be satisfied. Such offender shall be entitled, however, to the privilege of insolvent debtors.  HISTORY: 1962 Code Section 17-574; 1952 Code Section 17-574; 1942 Code Section 1043; 1932 Code Section 1043; Cr. P. '22 Section 132; Cr. C. '12 Section 114; Cr. C. '02 Section 87; G. S. 2662; R. S. 87; 1787 (5) 13.
SC Code § 17-25-350 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-350. Schedule for payment of fine by indigent; consequences of failure to comply.

 In any offense carrying a fine or imprisonment, the judge or magistrate hearing the case shall, upon a decision of guilty of the accused being determined and it being established that he is indigent at that time, set up a reasonable payment schedule for the payment of such fine, taking into consideration the income, dependents and necessities of life of the individual. Such payments shall be made to the magistrate or clerk of court as the case may be until such fine is paid in full. Failure to comply with the payment schedule shall constitute contempt of court; however, imprisonment for contempt may not exceed the amount of time of the original sentence, and where part of the fine has been paid the imprisonment cannot exceed the remaining pro rata portion of the sentence.  No person found to be indigent shall be imprisoned because of inability to pay the fine in full at the time of conviction.  Entitlement to free counsel shall not be determinative as to defendant's indigency.  HISTORY: 1962 Code Section 17-574.1; 1973 (58) 266.
SC Code § 17-25-360 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-360. Fines in the alternative shall be apportioned when part of sentence has been served.

 In all cases in this State when a sentence has been imposed by any judge, magistrate, mayor or intendant of any city or town in the alternative, by fine or imprisonment, and the person upon whom the sentence has been imposed shall enter upon the service of the sentence and thereafter such person or anyone in his behalf shall desire or offer to pay the fine imposed by the sentence, the clerk of the court in the county in which the sentence was imposed or the judge, magistrate, mayor or intendant who imposed the sentence shall apportion the fine imposed therein, so that the person or anyone in his behalf shall be allowed to pay such part of the fine as shall be in proportion to the balance of the time to be served under the sentence. Upon the payment of such proportionate part of the fine, the clerk, judge, magistrate, mayor or intendant shall release and discharge the person in behalf of whom the fine is so paid from further custody.  HISTORY: 1962 Code Section 17-576; 1952 Code Section 17-576; 1942 Code Section 1045; 1932 Code Section 1045; 1922 (32) 767.
SC Code § 17-25-370 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-370. Execution of death sentence upon affirmance of judgment or dismissal or abandonment of appeal.

 In all criminal cases in which the sentence of death is imposed and which are appealed to the Supreme Court or in which notice of intention to appeal is given, when the judgment below has been affirmed or the appeal dismissed or abandoned, the clerk of the Supreme Court, when the remittitur is sent down or the appeal is dismissed or abandoned, shall notify the Commissioner of the prison system or his duly appointed officer in charge of the State Penitentiary of the final disposition of such appeal and, on the fourth Friday after the receipt of such notice the sentence appealed from shall be duly carried out as provided by law in such cases, unless stayed by order of the Supreme Court or respite or commutation of the Governor.  HISTORY: 1962 Code Section 17-578; 1952 Code Section 17-578; 1942 Code Section 1046; 1932 Code Section 1046; 1923 (33) 113; 1929 (36) 66; 1936 (39) 1306; 1960 (51) 1917.
SC Code § 17-25-380 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-380. Number of copies and form of notice under Section 17-25-370.

 Two copies of the notice shall be served or sent by registered mail to the Director of the Department of Corrections or his duly appointed officer in charge of the applicable correctional facility. The notice, when the sentence has been affirmed, shall read substantially as follows:  "This is to notify you that the sentence of death imposed in the case of State vs. __________ from which an appeal has been taken has been affirmed and finally disposed of by the Supreme Court and the remittitur has been sent down to the clerk of the Court of General Sessions of __________ County. It is, therefore, required of you by Section 17-25-370 of the Code of Laws of South Carolina to execute the judgment and sentence of death imposed on said defendant or defendants (if more than one) on the fourth Friday after the service upon you or receipt of this notice".  When the appeal has been dismissed or abandoned the notice shall be substantially the same as when the sentence has been affirmed except that the first sentence shall read as follows:  "This is to notify you that the appeal from the sentence of death imposed in the case of State vs. __________ has been dismissed (or abandoned) and the notice has been sent down to the clerk of the Court of General Sessions of __________ County".  HISTORY: 1962 Code Section 17-579; 1952 Code Section 17-579; 1942 Code Section 1046; 1932 Code Section 1046; 1923 (33) 113; 1929 (36) 66; 1936 (39) 1306; 1960 (51) 1917; 1996 Act No. 448, Section 3.  Editor's Note  1996 Act No. 448, Section 1, eff June 18, 1996, provides as follows:  "This act [consisting of Sections 16-3-21, 17-25-380, 17-27-130, 17-27-150, and 17-27-160] is known and may be cited as the 'South Carolina Effective Death Penalty Act of 1996'."
SC Code § 17-25-390 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-390. Acknowledgment of receipt of notice.

 The receipt of the notice shall be acknowledged in writing by the recipient. The acknowledgment shall be filed by the clerk of the Supreme Court and, in case of service, the return of service shall be filed.  HISTORY: 1962 Code Section 17-580; 1952 Code Section 17-580; 1942 Code Section 1046; 1932 Code Section 1046; 1923 (33) 113; 1929 (36) 66; 1936 (39) 1306.
SC Code § 17-25-400 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-400. Service of notice on prisoner.

 The Commissioner of the prison system or his duly appointed officer shall immediately serve one of the copies of the notice upon the defendant personally.  HISTORY: 1962 Code Section 17-581; 1952 Code Section 17-581; 1942 Code Section 1046; 1932 Code Section 1046; 1923 (33) 113; 1929 (36) 66; 1936 (39) 1306; 1960 (51) 1917.
SC Code § 17-25-500 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-500. Title of act.

 This article may be known as the "South Carolina Notoriety for Profit Act".  HISTORY: 2000 Act No. 306, Section 4.
SC Code § 17-25-510 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-510. Definitions.

 As used in this article:  (1) "Office" means Office of the Attorney General, South Carolina Crime Victim Services Division.  (2) "Convicted" includes any conviction by entry of a plea of guilty or nolo contendere, conviction after trial, a finding of guilty but mentally ill, or a finding of not guilty by reason of insanity.  (3) "Eligible person" means:  (a) a victim of the particular crime in question who has suffered direct or threatened physical, psychological, or financial harm as a result of the commission of the particular crime;  (b) a victim's spouse;  (c) a victim's parent;  (d) a victim's child;  (e) a spouse, parent, child, or lawful representative of a victim who is:  (i) deceased;  (ii) a minor;  (iii) incompetent; or  (iv) physically or psychologically incapacitated; or  (f) a person dependent for principal support on the deceased victim of the crime.  "Eligible person" does not include the offender criminally responsible for the crime in question or a person aiding or abetting the offender criminally responsible.  (4) "Offender" means the person convicted of the particular crime in question.  (5) "Profit from a crime" includes any of the following:  (a) property obtained through or income generated from the commission of a crime for which the offender was convicted;  (b) property obtained or income generated from the sale, conversion, or exchange of proceeds of a crime for which the offender was convicted, including gain realized by the sale, conversion, or exchange; or  (c) property which the offender obtained or income generated as a result of having committed the crime for which the offender was convicted, including assets obtained through the unique knowledge obtained during the commission of or in preparation for the commission of the crime, as well as any property obtained by or income generated from the sale, conversion, or exchange of that property and any gain realized by that sale, conversion, or exchange.  HISTORY: 2000 Act No. 306, Section 4.  Code Commissioner's Note  Pursuant to 2017 Act No. 96, Section 14, the reference to "State Office of Victim Assistance in the office of the Governor" in (1) was changed to "Office of the Attorney General, South Carolina Crime Victim Services Division".
SC Code § 17-25-520 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-520. Notice of payment of profit from crime; notification of victims.

 If an offender, or his representative or agent, knowingly contracts for or agrees to be paid any profit from a crime, he must give written notice to the office of the payment or the obligation to pay and a copy of the contract between the offender and contracting party as soon as practical after discovering that the payment or intended payment is a profit from a crime. The office, upon receiving notice of the contract, agreement to pay, or payment of profits from a crime, shall request from all agencies with the duty to notify crime victims pursuant to Article 15, Chapter 3 of Title 16, the name and last known address of any eligible person who is a victim of the offender of the crime in question. It is the duty of the office to notify all known eligible persons at their last known address of the existence of profits.  HISTORY: 2000 Act No. 306, Section 4.