reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-90. Agreements required of offender in program.

An offender who enters an intervention program shall:
(1) waive, in writing and contingent upon his successful completion of the program, his right to a speedy trial;
(2) agree, in writing, to the tolling while in the program of all periods of limitation established by statutes or rules of court;
(3) agree, in writing, to the conditions of the intervention program established by the solicitor;
(4) in the event there is a victim of the crime, agree, in writing, to make restitution to the victim within a specified period of time and in an amount to be determined by the solicitor;
(5) agree, in writing, that records relating to participation in pretrial intervention or information obtained through pretrial intervention is not admissible as evidence in subsequent proceedings, criminal or civil, and communication between pretrial intervention counselors and defendants shall remain as privileged communication unless a court of competent jurisdiction determines that there is a compelling public interest that the communication be revealed. A written admission of guilt may not be required of a defendant before acceptance or completion of the pretrial intervention program;
(6) if the offense is criminal sexual conduct with a minor in the third degree pursuant to Section 16-3-655(C), agree in the agreement between the solicitor's office and the offender as provided in Section 17-22-120 to allow information about the offense to be made available to day care centers, group day care homes, family day care homes, church or religious day care centers, and other facilities providing care to children and related agencies by the State Law Enforcement Division pursuant to regulations which the State Law Enforcement Division shall promulgate; and
(7) if the offense is domestic violence pursuant to Section 16-25-20, agree in writing to successful completion of a batterer's treatment program selected and approved by the Circuit Solicitor with jurisdiction over the offense or the Attorney General if the offense is prosecuted by the Attorney General's Office. If the offender moves to a different circuit after entering a treatment program selected by the Circuit Solicitor, the Circuit Solicitor for the county in which the offender resides shall have the authority to select and approve the batterer's treatment program.
HISTORY: 1980 Act No. 360, Section 10; 1982 Act No. 421, Section 3; 1996 Act No. 444, Section 3; 2005 Act No. 166, Section 6, eff January 1, 2006; 2012 Act No. 255, Section 3, eff June 18, 2012; 2015 Act No. 58 (S.3), Pt IV, Section 19, eff June 4, 2015.
Effect of Amendment
2015 Act No. 58, Section 19, rewrote (7).
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-100. Time for application to intervention program.

An offender must make application to an intervention program or to the chief administrative judge of the court of general sessions no later than seventy-five days after service of the warrant or within ten days following appointment of counsel for the charge for which he makes the application. However, in the discretion of the solicitor or the chief administrative judge of the court of general sessions, if application is made directly to the judge, the provisions of this section may be waived. Applications received by the chief administrative judge of the court of general sessions under this section may be preliminarily approved by the judge pending a determination by the pretrial office that the offender is eligible to participate in a pretrial program pursuant to Sections 17-22-50 and 17-22-60. Applications received by the chief administrative judge of the court of general sessions and information obtained pursuant to Section 17-22-70 must be forwarded to the pretrial office.
HISTORY: 1980 Act No. 360, Section 11; 1992 Act No. 453, Section 7; 1992 Act No. 499, Section 8.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-110. Fees for application and participation; waiver.

An applicant to an intervention program or an offender who applies to the chief administrative judge of the court of general sessions for admission to a program pursuant to Section 17-22-100 shall pay a nonrefundable application fee of one hundred dollars and, if accepted into the program, a nonrefundable participation fee of two hundred fifty dollars prior to admission. All fees paid must be deposited into a special circuit solicitor's fund for operation of the pretrial intervention program. All fees or costs of supervision may be waived partially or totally by the solicitor in cases of indigency. The solicitor may also, if he determines necessary, in situations other than indigency allow scheduling of payments in lieu of lump sum payment. In no case shall aggregate fees for application and participation in an intervention program exceed three hundred fifty dollars. However, in cases where the solicitor determines that referral to another agency or program is needed to achieve rehabilitation for a problem directly related to the charge, the defendant may be required to pay his participation in that special program, except that no services may be denied due to inability to pay.
HISTORY: 1980 Act No. 360, Section 12; 1982 Act No. 421, Section 4; 1987 Act No. 57 Section 1; 1992 Act No. 453, Section 8; 1992 Act No. 499, Section 9; 1997 Act No. 59, Section 1.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-120. Individual agreement between offender and solicitor; alcohol and drug abuse services.

In any case in which an offender agrees to an intervention program, a specific agreement must be made between the solicitor and the offender. This agreement shall include the terms of the intervention program, the length of the program and a section stating the period of time after which the prosecutor will either dismiss the charge or seek a conviction based upon that charge. The agreement must be signed by the offender and his or her counsel, if represented by counsel, and filed in the solicitor's office. The Commission on Alcohol and Drug Abuse shall provide training if requested on the recognition of alcohol and drug abuse to counselor employees of local pretrial intervention programs and the local agency authorized by Section 61-12-20 shall provide services to alcohol and drug abusers if referred by pretrial intervention programs. However, no services may be denied due to an offender's inability to pay.
HISTORY: 1980 Act No. 360, Section 13; 1992 Act No. 453, Section 9; 1992 Act No. 499, Section 10.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-130. Reports and identification as to offenders accepted for intervention program.

Notwithstanding the provisions of Section 17-1-40, in all cases where an offender is accepted for intervention a report must be made and retained on file in the solicitor's office, regardless of whether or not the offender successfully completes the intervention program. All reports must be retained on file in the solicitor's office for a period of two years after successful completion, two years after rejection, or two years after unsuccessful completion of the program. After the retention of these reports for two years, they may be destroyed. The circuit solicitor shall furnish to the South Carolina Law Enforcement Division personal identification information on each person who applies for intervention, is subsequently accepted or rejected and successfully or unsuccessfully completes the program. This information may only be used by the division and the State Coordinator's Office in those cases where a circuit solicitor inquires as to whether a person has previously been accepted in an intervention program. However, that information may be confidentially released to the State Coordinator's Office to assist in compiling annual reports. The identification information on any defendant must not be under any circumstances released as public knowledge.
HISTORY: 1980 Act No. 360, Section 14; 1982 Act No. 421, Section 5; 1992 Act No. 453, Section 10; 1992 Act No. 499, Section 11.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-150. Disposition of charges against offenders accepted for intervention program.

(a) In the event an offender successfully completes a pretrial intervention program, the solicitor shall effect a noncriminal disposition of the charge or charges pending against the offender. Upon such disposition, the offender may apply to the court for an order to destroy all official records relating to his arrest and no evidence of the records pertaining to the charge may be retained by any municipal, county, or state entity or any individual, except as otherwise provided in Section 17-22-130. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest. No person as to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest in response to any inquiry made of him for any purpose.
(b) In the event the offender violates the conditions of the program agreement: (1) the solicitor may terminate the offender's participation in the program, (2) the waiver executed pursuant to Section 17-22-90 shall be void on the date the offender is removed from the program for the violation and (3) the prosecution of pending criminal charges against the offender shall be resumed by the solicitor.
HISTORY: 1980 Act No. 360, Section 16; 1982 Act No. 421, Section 6; 1992 Act No. 453, Section 11; 1992 Act No. 499, Section 12.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-170. Unlawful retention or release of information regarding participation in intervention program; penalty.

Any municipal, county, or state entity or any individual who unlawfully retains or releases information on an offender's participation in a pretrial intervention program is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two thousand dollars or by imprisonment not to exceed one year.
The provisions of this section do not apply to circuit solicitors or their staff in the performance of their official duties.
HISTORY: 1992 Act No. 453, Section 12; 1992 Act No. 499, Section 13.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-310. Prosecutorial discretion of Circuit Solicitor to establish traffic education program; administration.

(A) Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish a traffic education program in the respective circuits for persons who commit traffic-related offenses that are punishable only by a fine and loss of four points or less. A person may not participate in a traffic education program if the person's traffic-related offense resulted in death or serious bodily injury to another person.
(B) The circuit solicitors are specifically endowed with and retain all discretionary powers pursuant to the common law.
(C) A traffic education program must be under the direct supervision and control of the circuit solicitor; however, the solicitor may contract for services with a county or municipality in the circuit.
(D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the traffic education programs.
(E) A traffic education program must include both a community service and an educational component.
HISTORY: 2008 Act No. 176, Section 2, eff 90 days after Governor's approval (approved February 4, 2008).
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-320. Eligibility.

(A) A person may be considered for a traffic education program if he has no significant history of traffic violations. A person may not participate in a traffic education program more than once.
(B) A person's participation in a traffic education program does not prevent his participation in a pretrial intervention program pursuant to the provisions and conditions of Article 1.
HISTORY: 2008 Act No. 176, Section 2, eff 90 days after Governor's approval (approved February 4, 2008); 2011 Act No. 55, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-330. Disposition of traffic-related offense on completion of program; subsequent violation.

(A) When a person successfully completes a traffic education program, the governmental agency administering the program shall effect a noncriminal disposition, as defined in this chapter, of the traffic-related offense, and there must be no record maintained of the traffic-related offense except by the appropriate traffic education program in order to ensure that a person does not benefit from the provisions of this article more than once.
(B) If applicable, the person may apply to the court for an order to destroy all official records relating to his arrest.
(C) If a person violates the conditions of a traffic education program, then the person may be terminated from the program and the traffic-related offense reinstated by the governmental agency administering the program in the appropriate municipality or county.
(D) If a person receives a subsequent traffic violation during the six months following the issuance of the ticket for which he has entered the traffic education program, he must be terminated from the program and the traffic-related offense must be reinstated by the governmental agency administering the program in the appropriate municipality or county.
HISTORY: 2008 Act No. 176, Section 2, eff 90 days after Governor's approval (approved February 4, 2008).
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-340. Office of Traffic Education Program Coordinator.

Each circuit solicitor may establish an Office of Traffic Education Program Coordinator whose responsibility is to assist in the establishment and maintenance of the traffic education program.
HISTORY: 2008 Act No. 176, Section 2, eff 90 days after Governor's approval (approved February 4, 2008).
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-360. Annual report.

Each governmental agency that administers a traffic education program shall submit a traffic education program annual report, by the first day of August, to the Commission on Prosecution Coordination providing the total number of participants by original traffic-related offenses, the total number of participants that successfully completed the traffic education program, the total amount of fees collected, and the total revenue remitted to the municipalities, counties, and Office of the State Treasurer for the state's fiscal year. The Commission on Prosecution Coordination may establish additional guidelines for the annual reports. The annual reports must be made available for public inspection.
HISTORY: 2008 Act No. 176, Section 2, eff 90 days after Governor's approval (approved February 4, 2008).
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-370. Submission of information necessary for creation and maintenance of list of participants.

Each governmental agency that administers a traffic education program shall submit to the Commission on Prosecution Coordination necessary identifying information on each participant for the creation and maintenance of a list of participants in traffic education programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-320(A). The information collected by the commission only may be released to a governmental agency administering the program for the purpose of determining eligibility for a traffic education program.
HISTORY: 2008 Act No. 176, Section 2, eff 90 days after Governor's approval (approved February 4, 2008).
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-510. Prosecutorial discretion of Circuit Solicitor to establish alcohol education program; administration.

(A) Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish an alcohol education program in the respective circuits for persons who commit certain alcohol-related offenses.
(B) The circuit solicitors are specifically endowed with and retain all discretionary powers pursuant to the common law.
(C) An alcohol education program must be under the direct supervision and control of the circuit solicitor; however, the solicitor may contract for education and supervision services.
(D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the alcohol education programs. The commission shall consult with the Department of Alcohol and Other Drug Abuse Services before the approval of these administrative procedures.
(E) An alcohol education program must include an educational and community service component.
HISTORY: 2007 Act No. 35, Section 2, eff June 6, 2007.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-520. Eligibility requirements for consideration for program.

(A) A person may be considered for an alcohol education program if he:
(1) is at least seventeen years of age but less than twenty-one years of age at the time of arrest;
(2) has no prior alcohol-related offenses; and
(3) has no significant history of prior delinquency or criminal activity on his record.
(B) A person may not participate in an alcohol education program more than once.
(C) A person may be considered for an alcohol education program if he is charged with a violation of the following offenses:
(1) purchase or possession of beer or wine by a person under the age of twenty-one pursuant to Section 63-19-2440;
(2) purchase or possession of alcoholic liquors by a person under the age of twenty-one pursuant to Section 63-19-2450;
(3) open container in a motor vehicle pursuant to Section 61-4-110;
(4) public disorderly conduct pursuant to Section 16-17-530;
(5) littering pursuant to Section 16-11-700;
(6) providing false information concerning age to purchase beer or wine pursuant to Section 61-4-60;
(7) unlawful purchase of beer or wine for a person who cannot legally buy for consumption on the premises pursuant to Section 61-4-80;
(8) transfer of beer or wine for underage person's consumption pursuant to Section 61-4-90;
(9) transfer of alcoholic liquors for underage person's consumption pursuant to Section 61-6-4070;
(10) possession of an altered driver's license or other false documentation pursuant to Section 56-1-515; and
(11) another offense similar in nature and severity to the above-described offenses, as determined by the circuit solicitor. However, the provisions of this item may not be construed to include an offense enumerated in Section 56-5-2930 or Section 56-5-2933.
(D) A person's participation in an alcohol education program does not prevent his participation in a pretrial intervention program pursuant to the provisions and conditions of Article 1.
HISTORY: 2007 Act No. 35, Section 2, eff June 6, 2007.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-530. Disposition of alcohol-related offense on completion of program.

(A) When a person successfully completes an alcohol education program, the circuit solicitor shall effect a noncriminal disposition, as defined in this chapter, of the alcohol-related offense, and there must be no record maintained of the alcohol-related offense except by the Commission on Prosecution Coordination in order to ensure that a person does not benefit from the provisions of this article more than once.
(B) If applicable, the person may apply to the court for an order to destroy all official records relating to his arrest.
(C) If a person violates the conditions of an alcohol education program, the person may be terminated from the program and the alcohol-related offense reinstated by the circuit solicitor in the appropriate municipality or county.
HISTORY: 2007 Act No. 35, Section 2, eff June 6, 2007.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-540. Office of Alcohol Education Program Coordinator.

Each circuit solicitor may establish an Office of Alcohol Education Program Coordinator whose responsibility is to assist in the establishment and maintenance of the alcohol education program.
HISTORY: 2007 Act No. 35, Section 2, eff June 6, 2007.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-550. Fees; waiver.

A person shall pay a two-hundred-fifty-dollar fee to enroll in an alcohol education program. All fees must be deposited into a special circuit solicitor's fund for operation of the alcohol education program. In cases when the solicitor contracts with education and supervision providers, the person also may be subject to additional fees payable to the provider of these services. However, participation in an alcohol education program may not be denied due to a person's inability to pay these fees. If a person is deemed unable to pay, the fees for enrollment, education, and supervision services may be waived or reduced at the discretion of each solicitor.
HISTORY: 2007 Act No. 35, Section 2, eff June 6, 2007.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-560. Records.

Each circuit solicitor shall submit to the Commission on Prosecution Coordination necessary identifying information on each enrollee for the creation and maintenance of a list of enrollees in alcohol education programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-520(A) and (B). The information maintained by the commission may be released only to a circuit solicitor for the purpose of determining eligibility for an alcohol education program.
HISTORY: 2007 Act No. 35, Section 2, eff June 6, 2007.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-710. Establishing unit; fee schedule; administrative costs; disbursement of funds collected.

(A) A circuit solicitor may establish, under his direction and control and with the agreement of the county governing body, a Worthless Check Unit for the purpose of processing worthless checks and to assist the victims of these cases in the collection of restitution. The fee schedule is:
(1) fifty dollars for checks up to five hundred dollars;
(2) one hundred dollars for checks five hundred one dollars to one thousand dollars; and
(3) one hundred fifty dollars for checks one thousand one dollars or greater.
(B) An amount equal to the allowable administrative costs contained in Section 34-11-70(c) must be added to the fee. All fees collected by the Worthless Check Unit in accordance with the fee schedule promulgated pursuant to this section must be deposited into a fund known as the Worthless Check Fund maintained by the county treasurers of the counties comprising the circuit, other than court costs and an amount equal to the allowable administrative costs contained in Section 34-11-70(c) which must be remitted to the treasurer for deposit in the county general fund. All funds collected and deposited into this fund must be applied first to defray the costs of operating the Worthless Check Unit with the balance to be used by the solicitor to pay the normal operating expenses of his office. Withdrawals from this account may be made only at the request of the solicitor. The funds generated pursuant to this section may not be used to reduce the amount budgeted by the county to the solicitor's office. The solicitor shall maintain an account for the purpose of collecting and disbursing restitution funds collected for the benefit of victims' worthless checks. The Worthless Check Unit shall disburse to the victim all restitution collected as a result of the original complaint filed. If the victim cannot be located after a reasonable time and diligent efforts the restitution due the victim must be transferred to the general fund of the county.
HISTORY: 2008 Act No. 353, Section 2, Pt 11B, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-920. Direction of expungement process inquiries to county solicitor's office.

The clerk of court shall direct all inquiries concerning the expungement process to the corresponding solicitor's office to make application for expungement.
HISTORY: 2009 Act No. 36, Section 2, eff June 2, 2009.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-930. Obtaining and mandatory use of expungement form.

A person applying to expunge a criminal record shall obtain the appropriate blank expungement order form from the solicitor's office in the judicial circuit where the charge originated. The use of this form is mandatory and to the exclusion of all other expungement forms.
HISTORY: 2009 Act No. 36, Section 2, eff June 2, 2009.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-960. Expungement; employer immunity.

Any employer that employs a worker who has had an expungement shall not, at any time, be subject to any administrative or legal claim or cause of action related to the worker's expunged offense. Except for criminal justice agencies, employers shall not use expunged information adversely against an employee. No information related to an expungement shall be used or introduced as evidence in any administrative or legal proceeding involving negligent hiring, negligent retention, or similar claims.
HISTORY: 2018 Act No. 254 (H.3209), Section 7, eff December 27, 2018.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-1010. Completion of South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program; expungement; records.

(A) A person who is eligible for expungement of his criminal record pursuant to the provisions of Sections 22-5-910, 22-5-920, 34-11-90(e), and 56-5-750(F) may apply to have his record expunged pursuant to the procedures provided in Article 9 if he graduates and successfully completes the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program administered by the South Carolina Army National Guard. Notwithstanding another provision of law, such person may apply for expungement immediately upon graduation and successful completion of the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program.
(B) If the person has had no other conviction during the approximately one-year period as provided in subsection (A), the circuit court may issue an order expunging the records including any associated bench warrant. No person may have his records expunged under this section more than once.
(C) If the expungement order is granted by the court, the records must be destroyed or retained by any law enforcement agency or municipal, county, or state agency or department pursuant to the provisions of Section 17-1-40.
(D) The effect of the expungement order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose.
(E) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release pursuant to Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
(F) As used in this section, "conviction" includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail.
HISTORY: 2018 Act No. 262 (H.3789), Section 2, eff July 2, 2018.
Editor's Note
2018 Act No. 262, Section 1, provides as follows:
"SECTION 1. This act may be cited as the South Carolina Youth Challenge Academy and South Carolina Jobs Challenge Program Expungement Act."
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-1110. Definitions.

As used in this chapter:
(1) "Criminal risk factors" means 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.
(2) "Evidence-based practices" means supervision policies, procedures, and practices that scientific research demonstrates reduce recidivism among individuals on probation, parole, or post-correctional supervision.
HISTORY: 2010 Act No. 273, Section 56, eff January 1, 2011.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 22 - Intervention Programs › Section 17-22-1120. Diversion program data and reporting.

(A) In addition to the information collected and processed by the Office of Pretrial Intervention Coordinator within the Commission on Prosecution Coordination pursuant to Articles 1, 3, 5, and 7, Chapter 22, Title 17, the Office of Pretrial Intervention Coordinator shall be responsible for collecting data on all programs administered by a circuit solicitor, the Commission on Prosecution Coordination, or a court, which divert offenders from prosecution to an alternative program or treatment.
(B) This shall include programs administered by circuit solicitors, which are either statutorily mandated or established by judicial order, and shall include, but are not limited to: alcohol education programs; drug courts for adults or juveniles; traffic education programs; worthless checks units; pretrial intervention; mental health courts; or juvenile arbitration.
(C) Notwithstanding the provisions of Section 17-22-130, 17-22-360, 17-22-370, or 17-22-560, the Office of Pretrial Intervention Coordinator shall collect and make available for public inspection an annual report on the numbers of individuals who apply for a diversion program, the number of individuals who begin a diversion program or treatment, the number of individuals who successfully complete a program or treatment within a twelve-month period, the number of individuals who do not successfully complete a program or treatment within the same twelve-month period, but who are still participating in the program or treatment, the number of individuals who did not complete the program within the twelve-month period and who have been prosecuted for the offense committed, and the number of individuals with fees fully or partially waived for indigence. The data collected and made available for public inspection shall be listed by each county, by each program or treatment, and the offense originally committed, but shall not contain any identifying information of the participant.
(D) A copy of the report shall be sent to the Sentencing Reform Oversight Committee for evaluation of the diversion programs and treatments being administered in the State by the circuit solicitors or a court, the effectiveness of each program, and to ascertain the need for additional programs, program modifications, or repeal of existing programs. In evaluating the programs and treatments, the Sentencing Reform Oversight Committee may request information on the evidence-based practices used in each program or treatment to identify offender risks and needs, and the specific interventions employed in each program or treatment to identify criminal risk factors and reduce recidivism.
HISTORY: 2010 Act No. 273, Section 56, eff January 1, 2011.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-10. Plea of autrefois acquit or convict.

In any plea of autrefois acquit or autrefois convict it shall be sufficient for any defendant to state that he has been lawfully acquitted or convicted, as the case may be, of the offense charged in the indictment.
HISTORY: 1962 Code Section 17-501; 1952 Code Section 17-501; 1942 Code Section 1006; 1932 Code Section 1006; Cr. P. '22 Section 92; Cr. C. '12 Section 86; Cr. C. '02 Section 59; R. S. 58; 1887 (19) 829.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-20. Double jeopardy after trial in municipal or magistrates court.

Whenever a municipal court or a magistrates court shall have acquired jurisdiction by reason of a person committing an act which is alleged to be in violation of a municipal ordinance and which is in violation of the criminal law of this State a conviction or an acquittal by the first court acquiring jurisdiction shall be a complete bar to a trial by another court for the same alleged unlawful act or acts.
HISTORY: 1962 Code Section 17-502; 1952 Code Section 17-502; 1942 Code Section 994; 1932 Code Section 994; 1928 (35) 1317.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-30. Permitting second indictment and trial for same offense.

If a person on his trial be acquitted upon the ground of a variance between the indictment and the proof or upon an exception to the form or substance of the indictment he may be arraigned again on a new indictment and tried and convicted for the same offense, notwithstanding such former acquittal.
HISTORY: 1962 Code Section 17-503; 1952 Code Section 17-503; 1942 Code Section 998; 1932 Code Section 998; Cr. P. '22 Section 84; Cr. C. '12 Section 78; Cr. C. '02 Section 51; G. S. 2451; R. S. 50.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-40. Nolo contendere in misdemeanor cases.

The defendant in any misdemeanor case in any of the courts of this State may, with the consent of the court, enter a plea of "nolo contendere" thereto and upon so doing such defendant shall be dealt with in like manner as if he had entered a plea of guilty thereto.
HISTORY: 1962 Code Section 17-504; 1952 Code Section 17-504; 1947 (45) 214.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-50. Traverse of indictment is not a continuance.

A traverse of any indictment shall not, in any court of criminal jurisdiction in this State, of itself operate to continue the case.
HISTORY: 1962 Code Section 17-505; 1952 Code Section 17-505; 1942 Code Section 981; 1932 Code Section 981; Cr. P. '22 Section 72; Cr. C. '12 Section 69; Cr. C. '02 Section 43; G. S. 2635; R. S. 43; 1871 (14) 534.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-60. Accused's right to counsel, to produce witnesses and proofs, and to confront witnesses.

Every person accused shall, at his trial, be allowed to be heard by counsel, may defend himself and shall have a right to produce witnesses and proofs in his favor and to meet the witnesses produced against him face to face.
HISTORY: 1962 Code Section 17-506; 1952 Code Section 17-506; 1942 Code Section 996; 1932 Code Section 996; Cr. P. '22 Section 82; Cr. C. '12 Section 76; Cr. C. '02 Section 49; G. S. 2449; R. S. 48.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-80. Manner by which persons who have been indicted may be convicted.

No person indicted for an offense shall be convicted thereof unless by confession of his guilt in open court, by admitting the truth of the charge against him by his plea or demurrer, by the verdict of a jury accepted and recorded by the court or as provided in Section 17-23-40.
HISTORY: 1962 Code Section 17-508; 1952 Code Section 17-508; 1942 Code Section 997; 1932 Code Section 997; Cr. P. '22 Section 83; Cr. C. '12 Section 77; Cr. C. '02 Section 50; G. S. 2450; R. S. 49.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-90. Indictment and trial of persons committed for treason or felony; consequences of failure to indict.

If any person committed for treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer or petition in open court the first week of the term to be brought to his trial shall not be indicted some time in the next term after such commitment, the judge of the circuit court shall, upon motion made in open court the last day of the term either by the prisoner or anyone in his behalf, set at liberty the prisoner upon bail, unless it appear to him, upon oath made, that the witnesses for the State could not be produced at the same term. And if any person committed as aforesaid, upon his prayer or petition in open court the first week of the term to be brought to his trial, shall not be indicted and tried the second term after his commitment or upon his trial shall be acquitted, he shall be discharged from his imprisonment.
HISTORY: 1962 Code Section 17-509; 1952 Code Section 17-509; 1942 Code Section 1048; 1932 Code Section 1048; Cr. P. '22 Section 135; Cr. C. '12 Section 117; Cr. C. '02 Section 90; G. S. 2323; R. S. 90; 1679 (1) 119.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-100. Right to object to charge or request additional charge out of presence of jury.

In all cases tried before a jury, other than cases in a magistrates or municipal court, after the court has delivered to the jury a charge on the law in the case, the court shall temporarily excuse the jury from the presence of counsel and litigants in order to give counsel and litigants an opportunity to express objections to the charge or request the charge of additional propositions made necessary by the charge, out of the presence of the jury.
HISTORY: 1962 Code Section 17-513.1; 1953 (48) 28.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-110. Circuit courts may grant new trials.

All the circuit courts of this State shall have power to grant new trials in cases in which there has been a trial by jury for reasons for which new trials have usually been granted in the courts of law of the United States.
HISTORY: 1962 Code Section 17-514; 1952 Code Section 17-514; 1942 Code Section 1030; 1932 Code Section 1030; Cr. P. '22 Section 120; Cr. C. '12 Section 99; Cr. C. '02 Section 72; G. S. 2652; R. S. 72.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-120. Immediate disposition of certain misdemeanors or felonies; application to clerk.

When any defendant is arrested upon a warrant charging a misdemeanor which is not within the jurisdiction of the magistrates court or, notwithstanding any other provision of law, when any defendant is arrested upon a warrant charging a felony, he may apply to the clerk of court of the county having jurisdiction of such case for an immediate disposition of the case and thereupon the clerk of court shall forward the arrest warrant to the solicitor of the judicial circuit.
HISTORY: 1962 Code Section 17-510; 1952 Code Section 17-510; 1942 Code Section 1022-1; 1939 (41) 215; 1977 Act No. 206 Section 1.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-130. Immediate disposition of certain misdemeanors or felonies; waiver of presentment by grand jury and plea of guilty.

Upon receipt by the solicitor of the warrant forwarded to him pursuant to the provisions of Section 17-23-120, he may forthwith prepare a formal indictment as now provided by law in such cases and shall return it to the clerk of court. The clerk of court shall then notify the sheriff or one of his duly authorized deputies to bring the defendant before the clerk at a time and place to be stated in the notice at which time the clerk shall have the defendant sign a waiver of the presentment by the grand jury and his plea of guilty; provided, that no plea shall be entered or made under this section except by and with the consent of the solicitor of the circuit after investigation by such solicitor.
HISTORY: 1962 Code Section 17-511; 1952 Code Section 17-511; 1942 Code Section 1022-1; 1939 (41) 215; 1977 Act No. 206 Section 2.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-140. Immediate disposition of certain misdemeanors or felonies; appearance before judge and sentence.

Upon the defendant's signing the waiver of presentment and the plea of guilty the clerk of court shall deliver the indictment to the sheriff or one of his duly authorized deputies whose duty it shall be to appear before the resident judge of the circuit or presiding judge therein at some convenient time and place, having with him the defendant. And upon the defendant's acknowledging his plea before the judge the judge shall sentence the defendant as though the indictment had been presented by the grand jury and the plea of the defendant taken at the regular term of the court of general sessions of the county in which the case arose. Provided, however, that in the event the defendant is charged with a felony, the acknowledgement by the defendant of his plea and the sentencing by the judge shall take place only in open court and shall not take place in chambers.
HISTORY: 1962 Code Section 17-512; 1952 Code Section 17-512; 1942 Code Section 1022-1; 1939 (41) 215; 1977 Act No. 206 Section 3.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-150. Immediate disposition of certain misdemeanors or felonies; powers of circuit judges.

Except as otherwise provided in Section 17-23-140, as to such cases as are herein referred to in Sections 17-23-120 to 17-23-140 the circuit judges shall have the same powers at chambers as they have in open court.
HISTORY: 1962 Code Section 17-513; 1952 Code Section 17-513; 1942 Code Section 1022-1; 1939 (41) 215; 1977 Act No. 206 Section 4.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-160. Notice of right to preliminary hearing; form for request.

When any person charged with a crime who is entitled to a preliminary hearing on such charges appears in person or by counsel in a hearing to set bond, he shall be notified by a magistrate orally and in writing of his right to such preliminary hearing. When a person is notified of his right to a preliminary hearing, he shall be furnished a simple form providing him an opportunity to request a preliminary hearing by signing and returning this form to the advising magistrate then and there or thereafter. Any person so notified who fails to timely request a preliminary hearing shall lose his right to such hearing.
HISTORY: 1980 Act No. 393, Section 2.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-162. Presence of affiant or arresting officer to testify at preliminary hearing.

The affiant listed on an arrest warrant or the chief investigating officer for the case must be present to testify at the preliminary hearing of the person arrested pursuant to the warrant.
HISTORY: 2000 Act No. 394, Section 6.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-165. Attorney appearing at preliminary hearing not obligated to continue representation.

The appearance by an attorney on behalf of a defendant in a preliminary hearing shall not in and of itself obligate that attorney to continue the representation of that defendant beyond the preliminary hearing.
HISTORY: 1980 Act No. 393, Section 1A.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 23 - Pleading And Trial › Section 17-23-170. Admissibility of evidence concerning battered spouse syndrome; foundation; notice; lay testimony.

(A) Evidence that the actor was suffering from the battered spouse syndrome is admissible in a criminal action on the issue of whether the actor lawfully acted in self-defense, defense of another, defense of necessity, or defense of duress. This section does not preclude the admission of testimony on battered spouse syndrome in other criminal actions. This testimony is not admissible when offered against a criminal defendant to prove the occurrence of the act or acts of abuse which form the basis of the criminal charge.
(B) Expert opinion testimony on the battered spouse syndrome shall not be considered a new scientific technique the reliability of which is unproven.
(C) Lay testimony as to the actions of the batterer and how those actions contributed to the facts underlying the basis of the criminal charge shall not be precluded as irrelevant or immaterial if it is used to establish the foundation for evidence on the battered spouse syndrome.
(D) The foundation shall be sufficient for the admission of testimony on the battered spouse syndrome if the proponent of the evidence establishes its relevancy and the proper qualifications of the witness.
(E) A defendant who proposes to offer evidence of the battered spouse syndrome shall file written notice with the court before trial.
HISTORY: 1995 Act No. 7, Part I Section 15.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 24 - Mentally Ill Or Insane Defendants › Section 17-24-10. Affirmative defense.

(A) It is an affirmative defense to a prosecution for a crime that, at the time of the commission of the act constituting the offense, the defendant, as a result of mental disease or defect, lacked the capacity to distinguish moral or legal right from moral or legal wrong or to recognize the particular act charged as morally or legally wrong.
(B) The defendant has the burden of proving the defense of insanity by a preponderance of the evidence.
(C) Evidence of a mental disease or defect that is manifested only by repeated criminal or other antisocial conduct is not sufficient to establish the defense of insanity.
HISTORY: 1984 Act No. 396, Section 1; 1988 Act No. 323, Section 1; 1989 Act No. 93, Section 1.