reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-50. Powers of courts upon conviction of youthful offenders.

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.
HISTORY: 1962 Code Section 55-395; 1968 (55) 3031; 1996 Act No. 441, Section 5.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-60. Institutions for treatment of youthful offenders.

Youthful offenders shall undergo treatment in minimum security institutions, including training schools, hospitals, farms, forestry and other camps, including vocational training facilities and other institutions and agencies that will provide the essential varieties of treatment.
The director, as far as is advisable and necessary, shall designate, set aside and adopt institutions and agencies under the control of the department and the division for the purpose of carrying out the objectives of this chapter. The director may further maintain a cooperative program with the Department of Vocational Rehabilitation involving the operation of reception and evaluation centers, utilizing funds and staffing services of the department which are appropriate for matching with Federal Vocational Rehabilitation funds.
Insofar as practical and to the greatest degree possible, such institutions, facilities and agencies shall be used only for the treatment of committed youthful offenders, and such youthful offenders shall be segregated from other offenders, and classes of committed youthful offenders shall be segregated according to their needs for treatment.
HISTORY: 1962 Code Section 55-396; 1968 (55) 3031; 1993 Act No. 181, Section 453.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-70. Facilities for Division provided by Department.

Facilities for the Division are to be provided from facilities of the Department.
HISTORY: 1962 Code Section 55-397; 1968 (55) 3031.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-80. Reception and evaluation centers.

The director may establish agreements with the Department of Vocational Rehabilitation for the operation of reception and evaluation centers. The reception and evaluation centers shall make a complete study of each committed youthful offender, including a mental and physical examination, to ascertain his personal traits, his capabilities, pertinent circumstances of his school, family life, any previous delinquency or criminal experience, and any mental or physical defect or other factor contributing to his delinquency. In the absence of exceptional circumstances, such study shall be completed within a period of thirty days. The reception and evaluation center shall forward to the director and to the division a report of its findings with respect to the youthful offender and its recommendations as to his treatment. At least one member of the division shall, as soon as practicable after commitment, interview the youthful offender, review all reports concerning him and make such recommendations to the director and to the division as may be indicated.
HISTORY: 1962 Code Section 55-398; 1968 (55) 3031; 1993 Act No. 181, Section 454.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-90. Director's options upon receiving report and recommendations from Reception and Evaluation Center and members of Division.

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.
HISTORY: 1962 Code Section 55-399; 1968 (55) 3031; 1993 Act No. 181, Section 455.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-100. Transfer of youthful offenders.

The director may transfer at any time a committed youthful offender from one agency or institution to any other agency or institution.
HISTORY: 1962 Code Section 55-400; 1968 (55) 3031; 1993 Act No. 181, Section 456.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-120. Time for release of youthful offenders.

(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.
HISTORY: 1962 Code Section 55-400.2; 1968 (55) 3031; 2010 Act No. 273, Section 34, eff June 2, 2010.
Effect of Amendment
The 2010 amendment added the subsection identifiers and added subsection (B) relating to notification to a registered victim.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-130. Revocation or modification of orders of Division.

The Division may revoke or modify any of its previous orders respecting a committed youthful offender except an order of unconditional discharge.
HISTORY: 1962 Code Section 55-400.3; 1968 (55) 3031.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-140. Supervisory agents.

Committed youthful offenders permitted to remain at liberty under supervision or conditionally released shall be under the supervision of supervisory agents appointed by the Division. The Division is authorized to encourage the formation of voluntary organizations composed of members who will serve without compensation as voluntary supervisory agents and sponsors. The powers and duties of voluntary supervisory agents and sponsors shall be limited and defined by regulations adopted by the Division.
HISTORY: 1962 Code Section 55-400.4; 1968 (55) 3031.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-150. Further treatment of youthful offenders; return to custody.

If, at any time before the unconditional discharge of a committed youthful offender, the Division is of the opinion that such youthful offender will be benefited by further treatment in an institution or other facility any member of the Division may direct his return to custody or if necessary may issue a warrant for the apprehension and return to custody of such youthful offender and cause such warrant to be executed by an appointed supervisory agent, or any policeman. Upon return to custody, such youthful offender shall be given an opportunity to appear before the Division or a member thereof. The Division may then or at its discretion revoke the order of conditional release.
HISTORY: 1962 Code Section 55-400.5; 1968 (55) 3031.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-160. Courts' powers not affected; jurisdiction of Department of Probation, Parole and Pardon Services.

Nothing in this chapter limits or affects the power of a court to suspend the imposition or execution of a sentence and place a youthful offender on probation.
Nothing in this chapter may be construed to amend, repeal, or affect the jurisdiction of the Department of Probation, Parole, and Pardon Services or the Probation, Parole, and Pardon Services Board. For purposes of community supervision or parole, a sentence pursuant to Section 24-19-50(e) shall be considered a sentence for six years.
HISTORY: 1962 Code Section 55-400.6; 1968 (55) 3031; 1988 Act No. 480, Section 17; 1993 Act No. 181, Section 458; 1995 Act No. 83, Section 37.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-11. Removal of director or member.

The director and members of the board shall be subject to removal by the Governor pursuant to the provisions of Section 1-3-240.
HISTORY: 1981 Act No. 100, Section 4; 1993 Act No. 181, Section 460.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-12. Compensation of board members.

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.
HISTORY: 1981 Act No. 100, Section 4; 1993 Act No. 181, Section 461.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-13. Director to oversee department; development of written policies and procedures; board's duty to consider cases for parole, etc.

(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.
HISTORY: 1981 Act No. 100, Section 4; 1986 Act No. 462, Section 10; 1988 Act No. 480, Section 2; 1993 Act No. 181, Section 462; 1995 Act No. 83, Section 39; 2010 Act No. 273, Section 47, eff January 1, 2011.
Editor's Note
2010 Act No. 273, Section 66, provides in part:
"The provisions of Part II take effect on January 1, 2011, for offenses occurring on or after that date."
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".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-30. Meetings; parole and pardon panels.

(A) A person who commits a "no parole offense" as defined in Section 24-13-100 on or after the effective date of this section is not eligible for parole consideration, but must complete a community supervision program as set forth in Section 24-21-560 prior to discharge from the sentence imposed by the court. For all offenders who are eligible for parole, the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on these panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any vote that is not unanimous shall not be considered as a decision of the board, and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership.
(B) The board may grant parole to an offender who commits a violent crime as defined in Section 16-1-60 which is not included as a "no parole offense" as defined in Section 24-13-100 on or after the effective date of this section by a two-thirds majority vote of the full board. The board may grant parole to an offender convicted of an offense which is not a violent crime as defined in Section 16-1-60 or a "no parole offense" as defined in Section 24-13-100 by a unanimous vote of a three-member panel or by a majority vote of the full board.
Nothing in this subsection may be construed to allow any person who commits a "no parole offense" as defined in Section 24-13-100 on or after the effective date of this section to be eligible for parole.
(C) The board shall conduct all parole hearings in cases that relate to a single victim on the same day.
(D) Upon the request of a victim, the board may allow the victim and an offender to appear simultaneously before the board for the purpose of providing testimony.
HISTORY: 1962 Code Section 55-553; 1952 Code Section 55-553; 1942 Code Sections 3437, 3439; 1932 Code Sections 3437, 3439; Civ. C. '22 Sections 979, 981; Civ. C. '12 Sections 890, 892; 1906 (25) 14; 1981 Act No. 100 Section 5; 1995 Act No. 83, Section 40; 2004 Act No. 263, Section 13.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-35. Administrative recommendations available to victim prior to parole hearing.

The Department of Probation, Parole and Pardon Services Board shall make its administrative recommendations available to a victim of a crime before it conducts a parole hearing for the perpetrator of the crime.
HISTORY: 2004 Act No. 263, Section 2.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-40. Record of proceedings.

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.
HISTORY: 1962 Code Section 55-554; 1952 Code Section 55-554; 1942 Code Section 3435; 1932 Code Section 3435; Civ. C. '22 Section 977; Civ. C. '12 Section 888; 1906 (25) 14.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-50. Hearings, arguments, and appearances by counsel or individuals.

The board shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering a case for parole, pardon, or any other form of clemency provided for under law. No inmate has a right of confrontation at the hearing.
HISTORY: 1962 Code Section 55-555; 1952 Code Section 55-555; 1942 Code Section 1038-11; 1942 (42) 1456; 1946 (44) 1516; 1947 (45) 67; 1949 (46) 311; 1995 Act No. 83, Section 41.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-55. Hearing fee.

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.
HISTORY: 2002 Act No. 356, Section 1, Pt IV.A; 2012 Act No. 246, Section 2, eff June 18, 2012.
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".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-60. Cooperation of public agencies and officials; surveys.

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.
HISTORY: 1962 Code Section 55-556; 1952 Code Section 55-556; 1942 Code Section 1038-13; 1942 (42) 1456; 1960 (51) 1917; 1988 Act No. 480, Section 3; 1991 Act No. 134, Section 1; 1993 Act No. 181, Section 463; 1995 Act No. 83, Section 42.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-70. Records of prisoners.

The Director of the Department of Corrections, when a prisoner is confined in the State Penitentiary, the sheriff of the county, when a person is confined in the county jail, and the county supervisor or chairman of the governing body of the county if there is no county supervisor, when a prisoner is confined upon a work detail of a county, must keep a record of the industry, habits, and deportment of the prisoner, as well as other information requested by the board or the director and furnish it to them upon request.
HISTORY: 1962 Code Section 55-557; 1952 Code Section 55-557; 1942 Code Section 1038-13; 1942 (42) 1456; 1960 (51) 1917; 1988 Act No. 480, Section 4; 1991 Act No. 134, Section 2; 1993 Act No. 181, Section 464.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-80. Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service.

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.
HISTORY: 1980 Act No. 517, Part II, Section 6A; 1985 Act No. 201, Part II, Section 58A; 1988 Act No. 480, Section 5; 1993 Act No. 164, Part II, Section 26A; 1995 Act No. 83, Section 43.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-85. Electronic monitoring fees.

Every person placed on electronic monitoring must be assessed a fee to be determined by the Department of Probation, Parole and Pardon Services in accordance with Section 24-21-80, as long as he remains in the electronic monitoring program. The payment of the fee must be a condition of supervision of any program administered by the department and a delinquency of two months or more in making payments may operate as a revocation. All fees generated by this assessment must be retained by the department to support the electronic monitoring program and carried forward for the same purpose.
HISTORY: 2002 Act No. 356, Section 1, Pt IV.B.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-87. Extradition and maintenance polygraph fees.

(A) The department may charge offenders a fee based on the number of miles and length of time required to perform an extradition. The fee must be used to offset the cost of extradition. All unexpended revenues of this fee at year end must be retained and carried forward by the department and expended for the same purpose.
(B) The department may charge a fee to offenders required to have maintenance polygraphs. This fee may not exceed the actual cost of the maintenance polygraph. All unexpended revenues of this fee at year end must be retained and carried forward by the department and expended for the same purpose.
HISTORY: 2008 Act No. 353, Section 2, Pt 15.B, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-90. Account and receipt for fee payments; deposit of funds.

Each supervising agent shall keep an accurate account of the money he collects pursuant to Sections 24-21-80, 24-23-210(B), and 24-23-220 and shall give a receipt to the probationer and individual under supervision for each payment. Money collected must be forwarded to the board and deposited in the state treasury.
HISTORY: 1980 Act No. 517, Part II, Section 6B; 1982 Act No. 455, Section 5; 1988 Act No. 480, Section 6.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-220. Powers and duties of director.

The director is vested with the exclusive management and control of the department and is responsible for the management of the department and for the proper care, assessment, treatment, supervision, and management of offenders under its control. The director shall manage and control the department and it is the duty of the director to carry out the policies of the department. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation, parole, and community supervision, community-based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board, the Governor, and the General Assembly providing statistical and other information pertinent to the department's activities.
HISTORY: 1962 Code Section 55-572; 1952 Code Section 55-572; 1942 Code Section 1038-7; 1942 (42) 1456; 1946 (44) 1516; 1981 Act No. 100, Section 7; 1991 Act No. 134, Section 4; 1993 Act No. 181, Section 465; 1995 Act No. 83, Section 44; 2010 Act No. 273, Section 49, eff January 1, 2011.
Editor's Note
2010 Act No. 273, Section 66, provides in part:
"The provisions of Part II take effect on January 1, 2011, for offenses occurring on or after that date. Regulations required pursuant to this act shall be submitted to the General Assembly no later than January 11, 2011, or six months after enactment, whichever event occurs later in time."
Effect of Amendment
The 2010 amendment inserted "assessment," in the first sentence.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-221. Notice of hearing to consider parole; to whom required.

The director must give a thirty-day written notice of any board hearing during which the board will consider parole for a prisoner to the following persons:
(1) any victim of the crime who suffered damage to his person as a result thereof or if such victim is deceased, to members of his immediate family to the extent practicable;
(2) the solicitor who prosecuted the prisoner or his successor in the jurisdiction in which the crime was prosecuted; and
(3) the law enforcement agency that was responsible for the arrest of the prisoner concerned.
HISTORY: 1991 Act No. 134, Section 5; 1993 Act No. 181, Section 466.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-230. Employment of probation agents and other staff; employment and duties of hearing officers; offender supervision specialists.

(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.
HISTORY: 1962 Code Section 55-573; 1952 Code Section 55-573; 1942 Code Section 1038-7; 1942 (42) 1456; 1946 (44) 1516; 1981 Act No. 100, Section 8; 1991 Act No. 134, Section 1993 Act No. 181, Section 467; 1995 Act No. 83, Section 45; 2010 Act No. 273, Section 51, eff January 1, 2011; 2017 Act No. 75 (H.3742), Section 1, eff May 19, 2017.
Editor's Note
2010 Act No. 273, Section 66, provides in part:
"The provisions of Part II take effect on January 1, 2011, for offenses occurring on or after that date. Regulations required pursuant to this act shall be submitted to the General Assembly no later than January 11, 2011, or six months after enactment, whichever event occurs later in time."
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.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-235. Issuance of duty clothing to department employees.

The Department of Probation, Parole and Pardon Services is authorized to issue duty clothing for the use of department employees.
HISTORY: 2002 Act No. 356, Section 1, Pt IV.D.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-237. Employee meals.

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.
HISTORY: 2002 Act No. 356, Section 1, Pt IV.E.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-240. Oath of probation agents.

Each person appointed as a probation agent must take an oath of office as required of state officers which must be noted of record by the clerk of court.
HISTORY: 1962 Code Section 55-574; 1952 Code Section 55-574; 1942 Code Section 1038-8; 1942 (42) 1456; 1991 Act No. 134, Section 7.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-250. Pay and expenses of probation agents.

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.
HISTORY: 1962 Code Section 55-575; 1952 Code Section 55-575; 1942 Code Section 1038-8; 1942 (42) 1456; 1946 (44) 1516; 1988 Act No. 480, Section 7; 1991 Act No. 134, Section 8; 1993 Act No. 181, Section 468.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-260. Probation agents' assignment locations.

Probation agents appointed under Section 24-21-230 must be assigned to serve in courts or districts or other places the director may determine.
HISTORY: 1962 Code Section 55-576; 1952 Code Section 55-576; 1942 Code Section 1038-8; 1942 (42) 1456; 1946 (44) 1516; 1988 Act No. 480, Section 8; 1991 Act No. 134, Section 9; 1993 Act No. 181, Section 469.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-270. Offices for probation agents.

The governing body of each county in which a probation agent serves shall provide, in or near the courthouse, suitable office space for such agent.
HISTORY: 1962 Code Section 55-577; 1952 Code Section 55-577; 1942 Code Section 1038-15; 1942 (42) 1456; 1965 (54) 213; 1991 Act No. 134, Section 10.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-290. Information received by probation agents privileged.

All information and data obtained in the discharge of his official duty by a probation agent is privileged information, is not receivable as evidence in a court, and may not be disclosed directly or indirectly to anyone other than the judge or others entitled under this chapter to receive reports unless ordered by the court or the director.
HISTORY: 1962 Code Section 55-579; 1952 Code Section 55-579; 1942 Code Section 1038-14; 1942 (42) 1456; 1988 Act No. 480, Section 10; 1991 Act No. 134, 12; 1993 Act No. 181, Section 471.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-300. Issuance of citation to person released pursuant to Offender Management Systems Act for violation of release terms.

At any time during a period of supervision, a probation agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or a person released or furloughed under the Offender Management Systems Act in the agent's judgment violates the conditions of his release or suspended sentence. The citation must be directed to the probationer, the parolee, the community supervision releasee, or the person released or furloughed, and must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation agent. A certificate of service is sufficient proof of service. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board at any hearing on the violation.
HISTORY: 1988 Act No. 478; 1995 Act No. 83, Section 47.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-420. Report of probation agent on offense and defendant.

When directed by the court, the probation agent must fully investigate and report to the court in writing the circumstances of the offense and the criminal record, social history, and present condition of the defendant including, whenever practicable, the findings of a physical and mental examination of the defendant. When the services of a probation agent are available to the court, no defendant charged with a felony and, unless the court shall direct otherwise in individual cases, no other defendant may be placed on probation or released under suspension of sentence until the report of such investigation has been presented to and considered by the court.
HISTORY: 1962 Code Section 55-592; 1952 Code Section 55-592; 1942 Code Section 1038-2; 1942 (42) 1456; 1991 Act No. 134, Section 13.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-440. Period of probation.

The period of probation or suspension of sentence shall not exceed a period of five years and shall be determined by the judge of the court and may be continued or extended within the above limit.
HISTORY: 1962 Code Section 55-594; 1952 Code Section 55-594; 1942 Code Section 1038-4; 1942 (42) 1456; 1949 (46) 311; 1991 Act No. 134, Section 15.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-450. Arrest for violation of terms of probation; bond.

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.
HISTORY: 1962 Code Section 55-595; 1952 Code Section 55-595; 1942 Code Section 1038-4; 1942 (42) 1456; 1949 (46) 311; 1955 (49) 72; 1959 (51) 320; 1991 Act No. 134, Section 16.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-460. Action of court in case of violation of terms of probation.

Upon such arrest the court, or the court within the venue of which the violation occurs, shall cause the defendant to be brought before it and may revoke the probation or suspension of sentence and shall proceed to deal with the case as if there had been no probation or suspension of sentence except that the circuit judge before whom such defendant may be so brought shall have the right, in his discretion, to require the defendant to serve all or a portion only of the sentence imposed. Should only a portion of the sentence imposed be put into effect, the remainder of such sentence shall remain in full force and effect and the defendant may again, from time to time, be brought before the circuit court so long as all of his sentence has not been served and the period of probation has not expired.
HISTORY: 1962 Code Section 55-596; 1952 Code Section 55-596; 1942 Code Section 1038-4; 1942 (42) 1456; 1949 (46) 311; 1959 (51) 320.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-485. Authority of Department of Probation, Parole, and Pardon Services with respect to establishment and maintenance of restitution centers.

In order for the department to establish and maintain restitution centers, the director may:
(1) develop policies and procedures for the operation of restitution centers;
(2) fund other management options advantageous to the State including, but not limited to, contracting with public or nonpublic entities for management of restitution centers;
(3) lease buildings;
(4) develop standards for disciplinary rules to be imposed on residents of restitution centers;
(5) develop standards for the granting of emergency furloughs to participants.
HISTORY: 1986 Act No. 462, Section 5; 1988 Act No. 480, Section 13; 1993 Act No. 181, Section 472.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-490. Collection and distribution of restitution.

(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.
HISTORY: 1996 Act No. 437, Section 5; 2002 Act No. 356, Section 1, Pt IV.C; 2010 Act No. 273, Section 54, eff January 1, 2011.
Editor's Note
2010 Act No. 273, Section 66, provides in part:
"The provisions of Part II take effect on January 1, 2011, for offenses occurring on or after that date."
Effect of Amendment
The 2010 amendment added subsection (D) relating to collections by administrative monitoring.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-510. Development and operation of system; basic elements.

The department shall develop and operate a comprehensive community control system if the General Assembly appropriates sufficient funds. The system shall include community control centers and sentencing options as a condition of probation, and utilize all sentencing options set forth in Chapter 21 of Title 24.
HISTORY: 1993 Act No. 164, Part II, Section 24A; 1995 Act No. 145, Part II, Section 52A.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-540. Community Control Centers for higher risk offenders; guidelines for placement.

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.
HISTORY: 1993 Act No. 164, Part II, Section 24A.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-550. Probation terms involving fines, costs, assessments, or restitution.

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.
HISTORY: 1993 Act No. 164, Part II, Section 24A.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-615. Review of case of prisoner convicted of capital offense by Parole Board restricted.

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.
HISTORY: 1994 Act No. 286, Section 1.