reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 22 - Classification System And Adult Criminal Offender Management System › Section 24-22-100. Enrollee participation in designated programs; community control strategies.

Offenders enrolled in the offender management system shall be required to participate in programs designated by the South Carolina Department of Probation, Parole and Pardon Services, including community control strategies. These strategies may include, but are not limited to:
(a) the South Carolina Department of Probation, Parole and Pardon Services Home Detention Supervision Program;
(b) day reporting centers;
(c) restitution centers;
(d) public service work programs;
(e) substance abuse programs;
(f) short term incarceration; and
(g) intensive supervision programs.
HISTORY: 1992 Act No. 461, Section 1.
Editor's Note
Termination date of offender management system and any regulations promulgated thereto, see Section 24-22-170.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 22 - Classification System And Adult Criminal Offender Management System › Section 24-22-110. Status of enrollees; retention and sharing of control by departments; revocation of enrollment.

Offenders enrolled in the offender management system shall retain the status of inmates in the jurisdiction of the South Carolina Department of Corrections. Control over the offenders is vested in the South Carolina Department of Corrections while the offender is in a reintegration center and is vested in the South Carolina Department of Probation, Parole and Pardon Services while the offender is in the community. Offenders may be revoked from the offender management system for a violation of any condition of the offender management system. There shall be no right to appeal the revocation decision of either department.
HISTORY: 1992 Act No. 461, Section 1.
Editor's Note
Termination date of offender management system and any regulations promulgated thereto, see Section 24-22-170.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 22 - Classification System And Adult Criminal Offender Management System › Section 24-22-120. Discipline or removal from system; violation, arrest and detention; no bond pending hearing.

At any time while an enrolled offender is at a reintegration center, the enrolled offender may be disciplined or removed from the offender management system, or both, according to procedures established by the Department of Corrections.
At any time during a period of community supervision, a probation and parole agent may issue a warrant or a citation and affidavit setting forth that the person enrolled in the offender management system has in the agent's judgment violated the conditions of the offender management system. Any police officer or other officer with the power of arrest in possession of a warrant may arrest the offender and detain such offender in the county jail or other appropriate place of detention until such offender can be brought before the Department of Probation, Parole and Pardon Services. The offender shall not be entitled to be released on bond pending a hearing.
HISTORY: 1992 Act No. 461, Section 1.
Editor's Note
Termination date of offender management system and any regulations promulgated thereto, see Section 24-22-170.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 22 - Classification System And Adult Criminal Offender Management System › Section 24-22-130. Parole hearings; supervised furlough; vested rollbacks; continuation in system until sentence satisfied.

Offenders enrolled in the offender management system shall not be given a parole hearing or released on supervised furlough as long as the offender is on offender management system status. Offenders who have vested roll backs granted under the Prison Overcrowding Powers Act shall not lose such benefits. Offenders enrolled in the offender management system will remain in the offender management system until the offender's sentence is satisfied, unless sooner revoked.
HISTORY: 1992 Act No. 461, Section 1.
Editor's Note
Termination date of offender management system and any regulations promulgated thereto, see Section 24-22-170.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 22 - Classification System And Adult Criminal Offender Management System › Section 24-22-140. No liberty interest or expectancy of release created.

The enactment of this legislation shall not create a "liberty interest" or an "expectancy of release" in any offender now incarcerated or in any offender who is incarcerated in the future.
HISTORY: 1992 Act No. 461, Section 1.
Editor's Note
Termination date of offender management system and any regulations promulgated thereto, see Section 24-22-170.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 22 - Classification System And Adult Criminal Offender Management System › Section 24-22-150. Funding required for system initiation and ongoing operation; hiatus when funding exhausted.

(A) The offender management system must not be initiated and offenders shall not be enrolled in the offender management system unless appropriately funded out of the general funds of the State.
(B) During periods when the offender management system is in operation and either the South Carolina Department of Corrections or the South Carolina Department of Probation, Parole and Pardon Services determines that its funding for the system has been exhausted, the commissioner for the department having made the determination that funds are exhausted shall notify the commissioner of the other department, the Governor, the Speaker of the House of Representatives, and the President of the Senate. The offender management system shall then terminate until appropriate funding has been provided from the general funds of the State.
HISTORY: 1992 Act No. 461, Section 1; 2019 Act No. 1 (S.2), Section 50, eff January 31, 2019.
Editor's Note
Termination date of offender management system and any regulations promulgated thereto, see Section 24-22-170.
Effect of Amendment
2019 Act No. 1, Section 50, inserted the (A) and (B) designators, and in (B), in the first sentence, substituted "President of the Senate" for "President Pro Tempore of the Senate".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 22 - Classification System And Adult Criminal Offender Management System › Section 24-22-160. Operating capacities of prison populations to be established; certification.

The Department of Corrections and the Department of Administration shall establish the operating capacities of the male prison population and the female prison population of the prison system operated by the Department of Corrections and shall, at least quarterly, certify existing operating capacities or establish change or new operating capacities.
HISTORY: 1992 Act No. 461, Section 1; 1993 Act No. 181, Section 478.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
Editor's Note
Termination date of offender management system and any regulations promulgated thereto, see Section 24-22-170.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 22 - Classification System And Adult Criminal Offender Management System › Section 24-22-170. Termination of system and regulations.

The offender management system and any regulations promulgated thereto shall terminate July 1, 1995 unless extended by the General Assembly.
HISTORY: 1992 Act No. 461, Section 3.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 23 - Case Classification System And Community Corrections Plan › Section 24-23-10. Plans to be developed for statewide case classification system and community-based correctional programs.

The Board shall develop a plan for the implementation of a statewide case classification system. The Board, the Department of Corrections, and the Governor's Office shall jointly develop a specific plan for the statewide implementation of new community-based correctional programs. The plan shall include descriptions of the new programs, the eligibility criteria for placing offenders on the programs, the administrative and legal requirements for implementation, the projected impact of the programs on the state inmate population and the financial requirements and timetable for the statewide implementation of the programs. These plans shall be submitted to the Legislature by January, 1982.
HISTORY: 1981 Act No. 100, Section 15.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 23 - Case Classification System And Community Corrections Plan › Section 24-23-20. Case classification plan.

The case classification plan must provide for case classification system consisting of the following:
(1) supervisory control requirements which include, but are not limited to, restrictions on the probationer/parolee's movement in the community, living arrangements, social associations, and reporting requirements;
(2) rehabilitation needs of probationer/parolee including, but not limited to, employment, education, training, alcohol and drug treatment, counseling and guidance with regard to alcohol and drug abuse, psychological or emotional problems, or handicaps;
(3) categorization of the offender as to the extent and type of staff time needed, possible assignment to specialized caseload or treatment programs, and specifics as to the degree of perceived risk posed by the probationer/parolee;
(4) identification of strategies and resources to meet the identified needs, and specific objectives for the probationer/parolee to strive to meet such as obtaining employment, participating in a counseling program, and securing better living arrangements;
(5) periodic and systematic review of cases to assess the adequacy of supervisory controls, participation in rehabilitation programs, and need for recategorization based upon the behavior and progress of the probationer/parolee; and
(6) regular statewide monitoring and evaluation of the case classification by appropriate supervisory, classification, and program development and evaluation staff in the central administrative office.
HISTORY: 1981 Act No. 100, Section 15; 1995 Act No. 83, Section 50.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 23 - Case Classification System And Community Corrections Plan › Section 24-23-30. Community corrections plan to include description of community-based program needs.

The community corrections plan must include, but is not limited to, describing the following community-based program needs:
(1) an intensive supervision program for probationers, and parolees, and supervised prisoners who require more than average supervision;
(2) a supervised inmate furlough or community supervision program whereby inmates under the jurisdiction of the Department of Corrections can be administratively transferred to the supervision of state probation agents for the purposes of prerelease preparation, securing employment and living arrangements, or obtaining rehabilitation services;
(3) a contract rehabilitation services program whereby private and public agencies, such as the Department of Vocational Rehabilitation, the Department of Mental Health, and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the board's jurisdiction;
(4) community-based residential programs whereby public and private agencies as well as the board establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation, parole, or community supervision;
(5) expanded use of presentence investigations and their role and potential for increasing the use of community-based programs, restitution, and victim assistance; and
(6) identification of programs for youthful and first offenders.
HISTORY: 1981 Act No. 100, Section 15; 1995 Act No. 83, Section 51.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 23 - Case Classification System And Community Corrections Plan › Section 24-23-40. Development of statewide policies with state agencies; guidelines for monitoring of restitution orders and fines; research and special studies; training of employees.

The community corrections plan shall provide for the department's:
(1) development, implementation, monitoring, and evaluation of statewide policies, procedures, and agreements with state agencies, such as the Department of Vocational Rehabilitation, the Department of Mental Health, and the Department of Alcohol and Other Drug Abuse Services, for purposes of coordination and referral of probationers, parolees, and community supervision releasees for rehabilitation services;
(2) development of specific guidelines for the vigorous monitoring of restitution orders and fines to increase the efficiency of collection and development of a systematic reporting system so as to notify the judiciary of restitution and fine payment failures on a regular basis;
(3) development of a program development and evaluation capability so that the department can monitor and evaluate the effectiveness of the above programs as well as to conduct research and special studies on such issues as probation, parole, and community supervision outcomes, revocations, and recidivism;
(4) development of adequate training and staff development for its employees.
HISTORY: 1981 Act No. 100, Section 15; 1993 Act No. 181, Section 479; 1995 Act No. 83, Section 52.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 23 - Case Classification System And Community Corrections Plan › Section 24-23-110. Imposition of fine and restitution; department to implement policies to ensure payment and report failures to pay.

Judges of the Court of General Sessions may suspend the imposition or the execution of a sentence and may impose a fine and a restitution without requiring probation. The department shall implement the necessary policies and procedures to ensure the payment of such fines and restitution and report to the court failures to pay.
HISTORY: 1981 Act No. 100, Section 15; 1993 Act No. 181, Section 480.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 23 - Case Classification System And Community Corrections Plan › Section 24-23-115. Public service work as condition of probation or suspension of sentence; regulations.

Except as otherwise provided by law, Courts of General Sessions may require defendants convicted of a criminal offense to perform public service work not to exceed five hundred hours without pay for an agency of state, county, municipal, or federal government or for a nonprofit organization as a special condition of probation or as a condition of suspension of sentence. Except as otherwise provided by law, magistrates and municipal courts may require defendants convicted of a criminal offense to perform public service work without pay for an agency of state, county, municipal, or federal government or for a nonprofit organization as a condition of suspension of sentence. This suspension of sentence shall include the number of hours of public service work to be performed not to exceed fifty hours.
The Department of Probation, Parole and Pardon Services shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term "public service work", and a mechanism for supervision of persons performing public service work.
No person shall be made ineligible for this program by reason of gender.
For purposes of this section, "public service work" includes participating in a litter removal program on or along the roadways of this State or participating in another program for the removal, reduction, or prevention of littering, as provided for in Chapter 54, Title 48, unless a court of competent jurisdiction determines that participation in such a program is not appropriate for the offender.
HISTORY: 1986 Act No. 462, Section 11; 1988 Act No. 480, Section 17; 1993 Act No. 181, Section 481; 2015 Act No. 8 (H.3035), Section 3, eff April 2, 2015.
Effect of Amendment
2015 Act No. 8, Section 3, added the last paragraph, relating to Chapter 54, Title 48.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 23 - Case Classification System And Community Corrections Plan › Section 24-23-120. Presentence investigation.

A Judge of the Court of General Sessions who has reason to believe a defendant suffers from a mental disorder, retardation, or substantial handicap, shall order a presentence investigation to be completed and submitted to the Court.
HISTORY: 1981 Act No. 100, Section 15.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 23 - Case Classification System And Community Corrections Plan › Section 24-23-130. Termination of supervision.

Upon the satisfactory fulfillment of the conditions of probation, the court, with the recommendation of the agent in charge of the responsible county probation office, may terminate the probationer or supervised prisoner from supervision.
HISTORY: 1981 Act No. 100, Section 15; 1991 Act No. 134, Section 25; 1995 Act No. 83, Section 53.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 23 - Case Classification System And Community Corrections Plan › Section 24-23-230. Effective date of assessments; use of funds collected.

The assessments, collections and transfers specified in this article shall become effective on July 1, 1981.
HISTORY: 1981 Act No. 100, Section 15; 1982 Act No. 455, Section 6.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 25 - Palmetto Unified School District No. 1 › Section 24-25-10. Palmetto Unified School District No. 1 established.

There is hereby established a special statewide unified school district within the South Carolina Department of Corrections to be known as the "Palmetto Unified School District No. 1."
HISTORY: 1981 Act No. 168, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 25 - Palmetto Unified School District No. 1 › Section 24-25-20. Purpose.

The purpose of the district is to enhance the quality and scope of education for inmates within the Department of Corrections so that they will be better motivated and better equipped to restore themselves in the community. The establishment of this district shall ensure that education programs are available to all inmates with less than a high school diploma, or its equivalent, and that various vocational training programs are made available to selected inmates with the necessary aptitude and desire. Where enrollment in an education program must be restricted, justification for that restriction should be documented by the district.
HISTORY: 1981 Act No. 168, Section 2.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 25 - Palmetto Unified School District No. 1 › Section 24-25-30. District schools to meet state standards; state Superintendent of Education to administer standards; reports; evaluations.

Academic and vocational training provided by the Palmetto Unified School District No. 1 shall meet standards prescribed by the State Board of Education, for the academic and vocational programs of these schools. The State Superintendent of Education shall administer the standards relating to the educational programs of the district. Reports shall be made by the State Department of Education to the Board of Trustees indicating the degree of compliance with the standards prescribed by the State Board of Education at least annually. Such State Department of Education supervisory personnel as deemed appropriate by the Department shall be utilized for evaluating the programs of the district and reporting to the district board.
HISTORY: 1981 Act No. 168, Section 3.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 25 - Palmetto Unified School District No. 1 › Section 24-25-35. Funds for certain educational programs.

The Palmetto Unified School District 1 of the South Carolina Department of Corrections shall submit appropriate student membership information to the State Department of Education and the South Carolina Department of Education's appropriation request under the line item "Education Finance Act" shall include sufficient funds for the Palmetto Unified School District 1. The amount to be requested for the Palmetto Unified School District 1 shall be sufficient to produce funds equal to the product of the number of students served by the school district weighted according to the criteria established by the South Carolina Department of Education under the provisions of the South Carolina Education Act of 1977 and the state portion of the appropriated value statewide of the base student costs, adjusted for twelve months operation. The Palmetto Unified School District No. 1 shall comply with the following provisions of subsection (4) of Section 59-20-50, subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Palmetto Unified School District No. 1 as approved by the State Board of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act.
HISTORY: 1994 Act No. 497, Part II, Section 15B.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 25 - Palmetto Unified School District No. 1 › Section 24-25-40. Trustees of school district; appointment; terms; vacancies.

The Palmetto Unified School District No. 1 shall be under the control and management of a board of nine trustees who shall operate the district under the supervision of the State Department of Corrections. Four members of the school board shall be appointed by the Director of the Department of Corrections, four members of the school board shall be appointed by the State Superintendent of Education, and one member of the school board shall be appointed by the Governor. The members of the board shall be appointed for terms of four years each and until their successors are appointed and qualify; except that of those first appointed, the members appointed by the Director of the Department of Corrections and the members appointed by the State Superintendent of Education shall be appointed for terms of one, two, three and four years, respectively, such terms to be designated by the Director of the Department of Corrections and the State Superintendent of Education when making such appointments. The member initially appointed by the Governor also shall be appointed for a term of four years. Vacancies on the board shall be filled for the remainder of the unexpired term by appointment in the same manner as provided for the original appointment.
HISTORY: 1981 Act No. 168, Section 4; 1993 Act No. 181, Section 483.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 25 - Palmetto Unified School District No. 1 › Section 24-25-50. Removal of school board members.

The members of the school board may be removed at any time for good cause by the Director of the Department of Corrections. The failure of any member of the school board to attend at least three consecutive meetings thereof, unless excused by formal vote of the school board, may be construed by the Director of the Department of Corrections as a resignation from the school board.
HISTORY: 1981 Act No. 168, Section 5; 1993 Act No. 181, Section 484.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 25 - Palmetto Unified School District No. 1 › Section 24-25-60. Board to elect officers; terms; meetings; compensation.

The school board at its first meeting, and every two years thereafter, shall elect a chairman, a vice-chairman and such other officers as it deems necessary who shall serve for two years each and until their successors are elected and qualify. No person may succeed himself as chairman of the board. The school board shall meet at least quarterly and at such other times as may be designated by the chairman. Special meetings may be called by the chairman or by a majority of the members of the board upon at least seventy-two hours notice. Five members of the board shall constitute a quorum at all meetings thereof. The members of the board shall be paid per diem, mileage and subsistence as provided by law for members of boards, commissions and committees.
HISTORY: 1981 Act No. 168, Section 6.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 25 - Palmetto Unified School District No. 1 › Section 24-25-70. Powers and duties of school board.

With the consent and concurrence of the Director of the Department of Corrections, the board of the school district shall operate as executory agent for the schools under its jurisdiction and shall perform administrative functions as follows:
(1) establish goals and objectives for the operation of the district;
(2) enter into agreements and contracts with other school districts, technical schools, colleges and universities;
(3) establish academic education programs ranging from primary through post high school, as well as special education for the handicapped and persons with intellectual disability;
(4) establish vocational and trade courses as appropriate for preparation for employment;
(5) determine physical facilities needed to carry out all education programs;
(6) review and approve applications for grants, donations, contracts and other agreements from public or private sources;
(7) establish a twelve-month school program and teachers' pay schedule based on the state and average school supplement pay scales;
(8) present an annual educational budget to the Department of Corrections for submission to the General Assembly. The Department of Corrections when making its annual budget request shall incorporate as a line item the budget of the district within its request. To the extent permitted by law, any funds which may be appropriated by the General Assembly for the operation of the district shall not prohibit the district from securing any applicable federal funds or other funds which are available.
HISTORY: 1981 Act No. 168, Section 7; 1993 Act No. 181, Section 485.
Code Commissioner's Note
Pursuant to 2011 Act No. 47, Section 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 25 - Palmetto Unified School District No. 1 › Section 24-25-80. Duties of district Superintendent of Education.

The duties of the district Superintendent of Education shall include the following:
(1) Identify goals and objectives for all educational services of the district;
(2) Develop policies and procedures for efficient delivery system of such services;
(3) Collect and analyze data necessary for research into planning and evaluation of educational services;
(4) Provide necessary information for preparation of an annual report of the district's operation;
(5) Prepare a separate budget of all necessary costs to be provided to the inmate by the unified school district;
(6) Recommend to the school board plans for the renovations and designation of educational facilities;
(7) Provide all such studies, research and evaluation of the district's operation as the board may request and perform such other duties as it may request.
HISTORY: 1981 Act No. 168, Section 8.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 25 - Palmetto Unified School District No. 1 › Section 24-25-90. Superintendent and other personnel to be employed according to Department of Correction policies.

The superintendent of the district and all other educational personnel shall be employed, supervised, and terminated according to the South Carolina Department of Corrections' personnel policies and procedures.
HISTORY: 1981 Act No. 168, Section 9.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 26 - South Carolina Sentencing Guidelines Commission › Section 24-26-10. Commission established.

(A) There is established the South Carolina Sentencing Guidelines Commission composed of thirteen voting members as follows:
(1) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;
(2) two circuit court judges, appointed by the Chief Justice of the Supreme Court;
(3) three members of the Senate to be designated by the chairman of the Senate Judiciary Committee;
(4) three members of the House designated by the chairman of the House Judiciary Committee;
(5) an attorney, experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;
(6) the Dean of the Law School of the University of South Carolina or his designee;
(7) the South Carolina Attorney General, or his designee, to serve ex officio;
(8) a solicitor appointed by the Chairman of the South Carolina Circuit Solicitors' Association.
(B) In addition, there are four nonvoting members of the commission as follows:
(1) the Chief of the State Law Enforcement Division, or his designee, to serve ex officio;
(2) the Chairman of the Commission on Indigent Defense, or his designee who must be a member of that commission or who must be the director of the commission;
(3) the Chairman of the State Board of Corrections, or his designee who must be a member of that board or who must be the Commissioner of the Department of Corrections;
(4) the Chairman of the Board of the Department of Probation, Parole and Pardon Services, or his designee who must be a member of that board or who must be the Commissioner or Executive Director of the Department of Probation, Parole and Pardon Services.
The appointed members of the commission shall serve for a term of four years. The members of the commission who are designated to serve by a particular person or official shall serve at the pleasure of that person or official making the designation and also only so long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and any vacancy must be filled in the manner of original appointment for the remainder of the unexpired term.
The members of the commission shall elect one member to serve as chairman for a term of one year. The members of the commission may also elect any additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.
HISTORY: 1989 Act No. 152, Section 2; 1995 Act No. 7, Part IV, Section 71(B).
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 26 - South Carolina Sentencing Guidelines Commission › Section 24-26-30. Commission staff.

The commission may employ a staff director and other professional and clerical personnel upon the appropriation of sufficient funds by the General Assembly. The duties of the staff director and the other personnel of the commission must be set by the commission.
HISTORY: 1989 Act No. 152, Section 2; 1995 Act No. 7, Part II, Section 47.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 26 - South Carolina Sentencing Guidelines Commission › Section 24-26-40. Funding.

The commission shall receive funding provided by the General Assembly and is encouraged to apply for and may expend federal funds and grants and gifts it may receive from other sources to carry out its duties and responsibilities.
HISTORY: 1989 Act No. 152, Section 2; 1995 Act No. 7, Part II, Section 48.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 26 - South Carolina Sentencing Guidelines Commission › Section 24-26-50. Establishment of general policies; approval of advisory guidelines.

The commission, by vote of a majority of the membership, may establish general policies. The advisory guidelines prescribed and promulgated pursuant to Section 24-26-20 must be approved by the General Assembly.
HISTORY: 1989 Act No. 152, Section 2; 1995 Act No. 7, Part II, Section 49.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 26 - South Carolina Sentencing Guidelines Commission › Section 24-26-60. Recommendations regarding changes in classification system.

The commission shall recommend to the General Assembly a classification system based on maximum term of imprisonment for all South Carolina criminal offenses. Thereafter, the commission shall make, from time to time, recommendations to the General Assembly regarding changes in the classification system.
HISTORY: 1995 Act No. 7, Part II, Section 50.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 27 - Inmate Litigation › Section 24-27-100. Filing fees.

Unless another provision of law permits the filing of civil actions without the payment of filing fees by indigent persons, if a prisoner brings a civil action or proceeding, the court, upon the filing of the action, shall order the prisoner to pay as a partial payment of any filing fees required by law a first-time payment of twenty percent of the preceding six months' income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income for this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of filing fees and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the filing fees are paid in full.
The prisoner must file a certified copy of his trust account with the court that reflects the prisoner's balance at the time the complaint is filed unless the prisoner does not have a trust account.
HISTORY: 1996 Act No. 455, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 27 - Inmate Litigation › Section 24-27-110. Court costs.

Unless another provision of law permits the filing of civil actions without the payment of court costs by indigent persons, if a prisoner brings a civil action, the prisoner is responsible for the full payment of the court costs. For this purpose, the court shall order the prisoner to pay a partial first-time payment of twenty percent of the preceding six months' income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income of this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of court costs and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the court costs are paid in full.
HISTORY: 1996 Act No. 455, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 27 - Inmate Litigation › Section 24-27-130. Dismissal of action for failure to pay fees or costs.

The court may dismiss without prejudice any civil action pertaining to the prisoner's incarceration or apprehension brought by a prisoner who has previously failed to pay filing fees and court costs imposed under this chapter, except as otherwise provided in Section 24-27-150 or 24-27-400.
HISTORY: 1996 Act No. 455, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 27 - Inmate Litigation › Section 24-27-140. "Prisoner" defined.

For purposes of this chapter, a prisoner is defined as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.
HISTORY: 1996 Act No. 455, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 27 - Inmate Litigation › Section 24-27-150. Insufficient trust account funds.

If a prisoner does not have a trust account, or if the prisoner's trust account does not contain sufficient funds to make the first-time payments required by this chapter, the civil action may still be filed, but the prisoner shall remain responsible for the full payment of filing fees and court costs. Payments of ten percent of the preceding month's income of the prisoner's trust account, as set forth in this chapter, shall be made from the prisoner's trust account as soon as a trust account is created for the prisoner and funds are available in the account.
HISTORY: 1996 Act No. 455, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 27 - Inmate Litigation › Section 24-27-200. Forfeiture of work, education, or good conduct credits.

A prisoner shall forfeit all or part of his earned work, education, or good conduct credits in an amount to be determined by the Department of Corrections upon recommendation of the court if the court finds that the prisoner has done any of the following in a case pertaining to his incarceration or apprehension filed by him in state or federal court or in an administrative proceeding while incarcerated:
(1) submitted a malicious or frivolous claim, or one that is intended solely to harass the party filed against;
(2) testified falsely or otherwise presented false evidence or information to the court;
(3) unreasonably expanded or delayed a proceeding; or
(4) abused the discovery process.
The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to move for the findings in a case in which the State or any public entity or official is a defendant.
HISTORY: 1996 Act No. 455, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 27 - Inmate Litigation › Section 24-27-210. Proceedings brought by Attorney General.

If the court does not make such findings in the original action brought by the prisoner, the Attorney General is authorized to initiate a separate proceeding in the court of common pleas for the court to recommend to the Department of Corrections the revocation of work, education, or good conduct credits as set forth in Section 24-27-200.
HISTORY: 1996 Act No. 455, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 27 - Inmate Litigation › Section 24-27-220. Discretion of Director.

Nothing in this chapter shall affect the discretion of the Director of the Department of Corrections in determining whether or not a prisoner's earned work, education, or good conduct credits shall be forfeited.
HISTORY: 1996 Act No. 455, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 27 - Inmate Litigation › Section 24-27-300. Contempt of court.

The court may hold a prisoner in contempt of court if it finds that the prisoner has, on three or more prior occasions, while incarcerated, brought in a court of this State a civil action or appeal pertaining to his incarceration or apprehension that was dismissed prior to a hearing on the merits on the grounds that the action or appeal was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of great bodily injury, as defined by Section 56-5-2945, at the time of the filing of the present action or appeal, the prisoner shall not be held in contempt. The court may sentence the prisoner to a term of imprisonment not exceeding one year for this contempt to be served consecutively to any terms of imprisonment previously imposed.
HISTORY: 1996 Act No. 455, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 27 - Inmate Litigation › Section 24-27-400. Indigent persons.

This chapter is inapplicable to any case in which the Constitution of the United States or the Constitution of South Carolina requires that an indigent person be allowed access to the courts.
HISTORY: 1996 Act No. 455, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 27 - Inmate Litigation › Section 24-27-500. Application of Religious Freedom Act to prison regulations.

For the purposes of Chapter 32 of Title 1:
(A) A state or local correctional facility's regulation must be considered "in furtherance of a compelling state interest" if the facility demonstrates that the religious activity:
(1) sought to be engaged by a prisoner is presumptively dangerous to the health or safety of that prisoner; or
(2) poses a direct threat to the health, safety, or security of other prisoners, correctional staff, or the public.
(B) A state or local correctional facility regulation may not be considered the "least restrictive means" of furthering a compelling state interest if a reasonable accommodation can be made to protect the safety or security of prisoners, correctional staff, or the public.
HISTORY: 1999 Act No. 38, Section 2.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 28 - Sentencing Reform Oversight Committee › Section 24-28-10. Sentencing Reform Oversight Committee established.

There is hereby established a committee to be known as the Sentencing Reform Oversight Committee, hereinafter called the oversight committee, which must exercise the powers and fulfill the duties described in this chapter.
HISTORY: 2010 Act No. 273, Section 62, eff June 2, 2010.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 28 - Sentencing Reform Oversight Committee › Section 24-28-20. Membership of committee; meetings; termination.

(A) The oversight committee shall be composed of seven members, two of whom shall be members of the Senate, both appointed by the Chair of the Senate Judiciary Committee, and one being the Chair of the Judiciary Committee or his designee; two of whom shall be members of the House of Representatives, both appointed by the Chair of the House Judiciary Committee, and one being the Chair of the House Judiciary Committee or his designee; one of whom shall be appointed by the Chair of the Senate Judiciary Committee from the general public at large; one of whom shall be appointed by the Chair of the House Judiciary Committee from the general public at large; and one of whom shall be appointed by the Governor. Provided, however, that in making appointments to the oversight committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent of all segments of the population of the State. The members of the general public appointed by the chairs of the Judiciary Committees must be representative of all citizens of this State and must not be members of the General Assembly.
(B) The oversight committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chair and such other officers as the oversight committee may consider necessary. Thereafter, the oversight committee must meet at least annually and at the call of the chair or by a majority of the members. A quorum consists of four members.
(C) The oversight committee terminates five years after its first meeting, unless the General Assembly, by joint resolution, continues the oversight committee for a specified period of time.
HISTORY: 2010 Act No. 273, Section 62, eff June 2, 2010.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 28 - Sentencing Reform Oversight Committee › Section 24-28-40. Compensation; other funding sources.

(A) The oversight committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid from the general fund of the State on warrants duly signed by the chair of the oversight committee and payable by the authorities from which a member is appointed.
(B) The oversight committee is encouraged to apply for and may expend grants, gifts, or federal funds it receives from other sources to carry out its duties and responsibilities.
HISTORY: 2010 Act No. 273, Section 62, eff June 2, 2010.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 28 - Sentencing Reform Oversight Committee › Section 24-28-50. Committee must use clerical and professional employees of the General Assembly; other professional staff; consultants.

(A) The oversight committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the oversight committee.
(B) The oversight committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the oversight committee.
(C) The oversight committee may employ consultants to assist in the evaluations and, when necessary, the implementation of the recommendations of the Sentencing Reform Commission report of February 2010.
HISTORY: 2010 Act No. 273, Section 62, eff June 2, 2010.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-20. Acceptance of Act of Congress.

The act of Congress approved June 3, 1916, entitled "An Act Making Further and More Effectual Provisions for the National Defense and for Other Purposes" and all acts presently amendatory thereto, the future amendatory acts thereof being subject to the approval of the State legislature, is hereby accepted by this State and the provisions of said act and amendments thereto are made a part of the military code. (Ref: Titles 32 & 10, United States Code).
HISTORY: 1962 Code Section 44-2; 1952 Code Section 44-2; 1950 (46) 1881; 1964 (53) 2241.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-30. National Guard shall conform to Federal laws.

The Governor shall cause the National Guard of South Carolina always to conform to all such Federal laws and regulations as may from time to time be operative and applicable except where in conflict with the laws of this State.
HISTORY: 1962 Code Section 44-3; 1952 Code Section 44-3; 1950 (46) 1881; 1964 (53) 2241.