reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-260. Failure of officer having charge of inmate to allow deduction in time of serving sentence; penalty.

An officer having charge of an inmate who refuses to allow a deduction in time of serving sentence is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days or pay a fine of not less than one hundred dollars.
HISTORY: 1962 Code Section 55-10; 1952 Code Section 55-10; 1942 Code Section 1578; 1932 Code Section 1578; Cr. C. '22 Section 531; 1914 (28) 617; 1935 (39) 467; 1938 (40) 1833; 2010 Act No. 237, Section 75, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-410. Unlawful escape or possessing tools or weapons therefor; penalty.

(A) It is unlawful for a person, lawfully confined in a prison or local detention facility or while in the custody of an officer or another employee, to escape, to attempt to escape, or to have in his possession tools, weapons, or other items that may be used to facilitate an escape.
(B) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than fifteen years.
(C) The term of imprisonment is consecutive to the original sentence and to other sentences previously imposed upon the escapee by a court of this State.
HISTORY: 1962 Code Section 55-6; 1952 Code Section 55-6; 1947 (45) 193; 1957 (50) 558; 1993 Act No. 184, Section 61; 1996 Act No. 406, Section 2; 1997 Act No. 136, Section 7; 2010 Act No. 237, Section 76, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote subsection (A).
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-420. Unlawful escape; harboring or employing escaped convicts; penalty.

(A) It is unlawful for a person, lawfully confined in a prison, local detention facility, or under the supervision of an officer or other employee, whether awaiting trial or serving sentence, to escape, to attempt to escape, or to have in his possession tools, weapons, or other items that may be used to facilitate an escape.
(B) A person who knowingly harbors or employs an escaped inmate is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.
HISTORY: 1962 Code Section 55-7; 1952 Code Section 55-7; 1942 Code Section 1982; 1932 Code Section 1980; Cr. C. '22 Section 964; Cr. C. '12 Section 979; Cr. C. '02 Section 691; G. S. 2736; R. S. 572; 1882 (18) 953; 1993 Act No. 184, Section 62; 2010 Act No. 237, Section 77, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-425. Tampering with the operation of an electronic monitoring device; penalty.

(A) For the purposes of this section, "electronic monitoring device" includes any device ordered by a court or pursuant to any statute that is utilized to track the location of a person.
(B) It is unlawful for any person to knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purpose of monitoring a person who is:
(1) complying with the Home Detention Act as set forth in Article 15, Title 24;
(2) wearing an electronic monitoring device as a condition of bond or pretrial release;
(3) wearing an electronic monitoring device as a condition of probation, parole, or community supervision; or
(4) wearing an electronic monitoring device as required by any other provision of law.
(C) It shall be unlawful for any person to knowingly and without authority request or solicit any other person to remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purposes described in subsection (B).
(D) This section does not apply to an employee or agent of the electronic monitoring company, bonding company, or law enforcement entity who removes or replaces an active electronic monitoring device in order to perform maintenance and repair on the device, who removes and replaces a non-working device, who removes the device once the person is placed into secure custody or if the underlying charges have been dismissed, or who otherwise is acting under the authority of the court order.
(E) Any person who violates the provisions of this section shall be guilty of the misdemeanor offense of tampering with the operation of an electronic monitoring device and shall be imprisoned for not more than three years, or fined up to three thousand dollars, or both.
HISTORY: 2014 Act No. 186 (S.440), Section 2, eff June 2, 2014; 2023 Act No. 83 (H.3532), Section 9, eff June 20, 2023.
Effect of Amendment
2023 Act No. 83, Section 9, rewrote (A); inserted (D); and redesignated former (D) as (E).
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-430. Rioting or inciting to riot; penalty.

(A) An inmate of the Department of Corrections or of a local detention facility who conspires with another inmate to incite the inmate to riot or commit any other acts of violence is guilty of a felony and, upon conviction, must be sentenced in the discretion of the court.
(B) An inmate of the Department of Corrections or of a local detention facility who participates in a riot or any other acts of violence is guilty of a felony and, upon conviction, must be imprisoned for not less than five years nor more than ten years.
HISTORY: 1962 Code Section 55-7.2; 1968 (55) 2585; 2010 Act No. 237, Section 78, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-440. Carrying or concealing weapon; penalty.

It is unlawful for an inmate of a state correctional facility or of a local detention facility to carry on his person or to have in his possession a dirk, slingshot, metal knuckles, razor, firearm, or an object, homemade or otherwise, that may be used for the infliction of personal injury upon another person, or to wilfully conceal any weapon within any Department of Corrections facility or other place of confinement.
A person violating this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. A sentence imposed under this section must be served consecutively to any other sentence the inmate is serving.
HISTORY: 1962 Code Section 55-7.3; 1968 (55) 2586; 1969 (56) 91; 1997 Act No. 136, Section 8; 2010 Act No. 237, Section 79, eff June 11, 2010.
Effect of Amendment
The 2010 amendment, in the first sentence, substituted "or of a local detention facility" for ", city or county jail, or public works of a county", "an object" for "any other deadly weapon", and "that may be" for "which usually is".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-450. Taking of hostages; penalty.

An inmate of a state correctional facility, a local detention facility, or a private entity that contracts with a state, county, or city to provide care and custody of inmates, including persons in safekeeper status, acting alone or in concert with others, who by threats, coercion, intimidation, or physical force takes, holds, decoys, or carries away any person as a hostage or for any other reason is guilty of a felony and, upon conviction, must be imprisoned for a term of not less than five years nor more than thirty years. This sentence must not be served concurrently with any sentence being served at the time the offense is committed.
HISTORY: 1962 Code Section 55-7.4; 1972 (57) 2515; 1997 Act No. 136, Section 1; 2010 Act No. 237, Section 80, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-460. Furnishing prisoners alcoholic beverages or narcotic drugs; penalty.

It is unlawful for a person in this State to furnish a prisoner in a local detention facility any alcoholic beverages or narcotic drugs, including prescription medications and controlled substances that have not been issued legally to the prisoner. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of five hundred dollars, or imprisonment for six months, or both.
HISTORY: 1962 Code Section 55-12; 1952 Code Section 55-12; 1950 (46) 2463; 2010 Act No. 237, Section 81, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-470. Throwing of body fluids on correctional facility employees and certain others; penalty; blood borne disease testing.

(A) An inmate, a detainee, a person taken into custody, or a person under arrest, who attempts to throw or throws body fluids including, but not limited to, urine, blood, feces, vomit, saliva, or semen on an employee of a state correctional facility or local detention facility, a state or local law enforcement officer, a visitor of a state correctional facility or local detention facility, or any other person authorized to be present in a state correctional facility or local detention facility in an official capacity is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. A sentence under this provision must be served consecutively to any other sentence the inmate is serving. This section shall not prohibit the prosecution of an inmate for a more serious offense if the inmate is determined to be HIV-positive or has another disease that may be transmitted through body fluids.
(B) A person accused of a crime contained in this section may be tested for a blood borne disease within seventy-two hours of the crime if a health care professional believes that exposure to the accused person's body fluid may pose a significant health risk to a victim of the crime.
(C) This section does not apply to a person who is a "patient" as defined in Section 44-23-10(3).
HISTORY: 1997 Act No. 136, Section 6; 2002 Act No. 238, Section 1; 2003 Act No. 18, Section 1; 2010 Act No. 237, Section 82, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote subsection (A) and deleted subsection (D) relating to the definition of "local correctional facility".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-640. Statewide uniform for prisoners assigned to work details outside of correctional facilities.

Notwithstanding any other provision of law, any state or local prisoner who is not in the highest trusty grade and who is assigned to a work detail outside the confines of any state correctional facility or local detention facility must wear a statewide uniform. The uniform must be of such a design and color as to easily be identified as a prisoner's uniform and stripes must be used in the design. The Department of Corrections Division of Prison Industries must manufacture the statewide uniform and make it available for sale to the local detention facilities. The Director of the Department of Corrections may determine, in his discretion, that the provisions of this section do not apply to certain prisoners.
HISTORY: 1986 Act No. 462, Section 38; 1993 Act No. 181, Section 440; 2010 Act No. 237, Section 83, eff June 11, 2010.
Effect of Amendment
The 2010 amendment, in the first sentence, substituted "state correctional facility or local detention facility must" for "correctional facility shall", and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-650. Prohibition against release of offender into community in which he committed violent crime; exception.

(A) No offender committed to incarceration for a violent offense as defined in Section 16-1-60 or a "no parole offense" as defined in Section 24-13-100 may be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Article 15, Chapter 3, Title 16 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program.
(B) An offender committed to incarceration for voluntary manslaughter (Section 16-3-50), kidnapping (Section 16-3-910), carjacking (Section 16-3-1075), burglary in the second degree (Section 16-11-312(B)), armed robbery (Section 16-11-330(A)), or attempted armed robbery (Section 16-11-330(B)), may be released under the work release program back into the community in which the offender committed the offense, if the crime did not involve any criminal sexual conduct or an additional violent crime as defined in Section 16-1-60, the person is within three years of release from imprisonment, and the provisions of subsection (A) are fulfilled.
HISTORY: 1986 Act No. 462, Section 39; 1992 Act No. 471, Section 1; 1995 Act No. 83, Section 30; 2010 Act No. 273, Section 29, eff June 2, 2010.
Effect of Amendment
The 2010 amendment added the subsection identifiers and added subsection (B) relating to work release where the crime did not involve any criminal sexual conduct or an additional violent crime.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-730. Implementation of new programs and program changes subject to appropriations by General Assembly.

Any new program established under Sections 14-1-210, 14-1-220, 14-1-230, 16-1-60, 16-1-70, 16-3-20, 16-3-26, 16-3-28, 16-23-490, 17-25-45, 17-25-70, 17-25-90, 17-25-140, 17-25-145, 17-25-150, 17-25-160, 63-3-620, 24-3-40, 24-3-1120, 24-3-1130, 24-3-1140, 24-3-1160, 14-3-1170, 24-3-1190, 24-3-2020, 24-3-2030, 24-3-2060, 24-13-210, 24-13-230, 24-13-610, 24-13-640, 24-13-650, 24-13-710, 24-13-910, 24-13-915, 24-13-920, 24-13-930, 24-13-940, 24-13-950, 24-21-13, 24-21-430, 24-21-475, 24-21-480, 24-21-485, 24-21-610, 24-21-640, 24-21-645, 24-21-650, 24-23-115, and 42-1-505 or any change in any existing program may only be implemented to the extent that appropriations for such programs have been authorized by the General Assembly.
HISTORY: 1986 Act No. 462, Section 41.
Code Commissioner's Note
At the direction of the Code Commissioner, "63-3-620" was substituted for "20-7-1350" in accordance with 2008 Act No. 361 (Children's Code).
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-910. Administration of work/punishment programs; eligible offenders.

Beginning January 1, 1988, local governing bodies may establish regulations consistent with regulations of the Department of Corrections, and administer a program under which a person convicted of an offense against this State or other local jurisdiction and confined in a local detention facility, or punished for contempt of court in violation of Section 63-3-620 and confined in a local detention facility may, upon sentencing, and while continuing to be confined in the facility at all times other than when the prisoner is either seeking employment, working, attending his education, or traveling to or from the work or education location, be allowed to seek work and to work at paid employment in the community, be assigned to public works employment, or continue his education. Each governing body shall designate the sheriff, the chief administrative officer, or the equivalent, as the official in charge. A person sentenced under these provisions is eligible for programs under this article except that a person punished for a violation of Section 63-3-620 is eligible for these programs only upon a finding by the sentencing judge that he is eligible.
HISTORY: 1986 Act No. 462, Section 7; 2010 Act No. 237, Section 85, eff June 11, 2010.
Code Commissioner's Note
At the direction of the Code Commissioner, the referenced to Section 20-7-1350 were changed to Section 63-3-620 in accordance with 2008 Act No. 361 (Children's Code).
Effect of Amendment
The 2010 amendment substituted "a local detention facility," for "local correctional facilities" and "detention facility" for "correctional facility" in the first sentence, and in the second sentence, substituted "the chief administrative officer, or the equivalent," for ", or another official".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-915. Meaning of "local detention facility".

Wherever in the Code of Laws of South Carolina, 1976, as amended, a reference is made to a local detention facility, it means a county, municipal, or multijurisdictional detention facility.
HISTORY: 1986 Act No. 462, Section 7; 2010 Act No. 237, Section 86, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-920. Removal of inmate from program for violation of program regulations.

If the inmate participating in the work/punishment program violates the regulations of the program relating to conduct or employment, as established by the local governing body, pursuant to Section 24-13-950, the inmate may be removed from the program on the direction of the official designated in charge by the local governing body.
HISTORY: 1986 Act No. 462, Section 7.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-930. Surrender of inmates' earnings; amounts deductible.

The earnings of each inmate participating in the work/punishment program, less payroll deductions required by law, must be collected by or surrendered to the official administering the program or his authorized representative. From these earnings, the official may deduct in the following order:
(a) any amount the inmate may be legally obligated to pay, or that the inmate desires to pay, for the support of the inmate's dependents;
(b) any amount the inmate may be legally obligated to pay in restitution to the victim of his offense;
(c) not less than five dollars nor more than ten dollars per workday to offset the cost to the local facility providing food, lodging, supervision, clothing, and care to the inmate. Any remaining amount of the inmate's earnings must be credited to the inmate's earnings account to be disbursed to the inmate upon release or to be disposed of according to applicable regulations of the local correctional facility.
HISTORY: 1986 Act No. 462, Section 7.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-940. Contracts for service of sentences in custody of Department of Corrections or of other local detention facilities.

The official administering the work/punishment program may contract with the South Carolina Department of Corrections or with other governmental bodies to allow inmates committed to serve sentences in the custody of the department or in other local detention facilities to participate in the program and be confined in the local detention facility of the receiving official.
HISTORY: 1986 Act No. 462, Section 7; 1993 Act No. 181, Section 442; 2010 Act No. 237, Section 87, eff June 11, 2010.
Effect of Amendment
The 2010 amendment substituted "detention facilities" for "correctional facilities" and "detention facility" for "correctional institution".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-950. Standards for operation of local inmate work programs.

The Department of Corrections shall, by January 1, 1987, develop standards for the operation of local inmate work programs. These standards must be included in the minimum standards for local detention facilities in South Carolina, established pursuant to Section 24-9-20, and the Department of Corrections shall monitor and enforce the standards established. The standards must be established to govern three types of local programs:
(1) voluntary work programs established pursuant to Section 24-13-235; and
(2) local work/punishment programs established pursuant to this article. The work/punishment standards shall include, but are not limited to, provisions insuring that rates of pay and general conditions of employment are not less than those provided to workers in the general public performing work of a similar nature in the same community, and provisions establishing reasonable criteria for the selection, humane treatment, and dismissal of inmates in local work/punishment programs; and
(3) local public work programs pursuant to Section 17-25-70.
HISTORY: 1986 Act No. 462, Section 7.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1310. Definitions.

As used in this article:
(1) "Eligible inmate" means a person committed to the South Carolina Department of Corrections:
(a) who has not reached the age of thirty years at the time of admission to the department;
(b) who is eligible for release on parole in two years or less;
(c) who has not been convicted of a violent crime as defined in Section 16-1-60 or a "no parole offense" as defined in Section 24-13-100;
(d) who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;
(e) who physically is able to participate in the program.
(2) "Shock incarceration program" means a program pursuant to which eligible inmates are ordered by the court to participate in the program and serve ninety days in an incarceration facility, which provides rigorous physical activity, intensive regimentation, and discipline and rehabilitation therapy and programming.
(3) "Director" means the Director of the Department of Corrections.
HISTORY: 1990 Act No. 608, Section 1; 1992 Act No. 520, Section 1; 1993 Act No. 181, Section 443; 1995 Act No. 83, Section 33.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1320. Regulations; reports.

(A) The director of the department, guided by consideration for the safety of the community and the welfare of the inmate, shall promulgate regulations, according to procedures set forth in the Administrative Procedures Act, for the shock incarceration program. The regulations must reflect the purpose of the program and include, but are not limited to, selection criteria, inmate discipline, programming and supervision, and program structure and administration.
(B) A program may be established only at an institution classified by the director as a shock incarceration facility.
(C) The department shall undertake studies and prepare reports periodically on the impact of a program and on whether the programmatic objectives are met
HISTORY: 1990 Act No. 608, Section 1; 1993 Act No. 181, Section 444; 1995 Act No. 83, Section 34.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1520. Definitions.

As used in this article:
(1) "Department" means, in the case of a juvenile offender, the Department of Juvenile Justice and, in the case of an adult offender, the Department of Probation, Parole and Pardon Services, the Department of Corrections, and any other law enforcement agency created by law.
(2) "Court" means a circuit, family, magistrate's, or municipal court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole, and the Department of Corrections.
(3) "Approved electronic monitoring device" means a device approved by the department which is primarily intended to record and transmit information as to the defendant's presence or nonpresence in the home.
An approved electronic monitoring device may record or transmit: oral or wire communications or an auditory sound; visual images; or information regarding the offender's activities while inside the offender's home. These devices are subject to the required consent as set forth in Section 24-13-1550.
An approved electronic monitoring device may be used to record a conversation between the participant and the monitoring device, or the participant and the person supervising the participant, solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring.
(4) "Home detention" means the confinement of a person convicted or charged with a crime to his place of residence under the terms and conditions established by the department.
(5) "Participant" means an inmate/offender placed into an electronic monitoring program or into some other suitable program which provides supervision and/or monitoring in the community.
HISTORY: 1990 Act No. 594, Section 1; 1993 Act No. 181, Section 447; 1994 Act No. 508, Sections 1, 2.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1530. Home detention programs as alternative to incarceration; correctional programs for which it may be substituted; local programs.

(A) Notwithstanding another provision of law which requires mandatory incarceration, electronic and nonelectronic home detention programs may be used as an alternative to incarceration for low risk, nonviolent adult and juvenile offenders as selected by the court if there is a home detention program available in the jurisdiction. Applications by offenders for home detention may be made to the court as an alternative to the following correctional programs:
(1) pretrial or preadjudicatory detention;
(2) probation (intensive supervision);
(3) community corrections (diversion);
(4) parole (early release);
(5) work release;
(6) institutional furlough;
(7) jail diversion; or
(8) shock incarceration.
(B) Local governments also may establish by ordinance the same alternative to incarceration for persons who are awaiting trial and for offenders whose sentences do not place them in the custody of the Department of Corrections. Counties and municipalities may develop home detention programs according to the Minimum Standards for Local Detention Facilities in South Carolina which are established pursuant to Section 24-9-20 and enforced pursuant to Section 24-9-30.
HISTORY: 1990 Act No. 594, Section 1; 1994 Act No. 508, Section 3; 1995 Act No. 7, Part II, Section 57.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1540. Promulgation of regulations; approved absences from home.

If a department desires to implement a home detention program, it must promulgate regulations that prescribe reasonable guidelines under which a home detention program may operate. These regulations must require that the participant remain within the interior premises or within the property boundaries of his residence at all times during the hours designated by the department. Approved absences from the home for a participant may include:
(1) hours in employment approved by the department or traveling to or from approved employment;
(2) time seeking employment approved for the participant by the department;
(3) medical, psychiatric, mental health treatment, counseling, or other treatment programs approved for the participant by the department;
(4) attendance at an educational institution or a program approved for the participant by the department;
(5) attendance at a regularly scheduled religious service at a place of worship approved by the department; or
(6) participation in a community work punishment or community service program approved by the department.
HISTORY: 1990 Act No. 594, Section 1; 2010 Act No. 237, Section 88, eff June 11, 2010.
Effect of Amendment
The 2010 amendment, in item (5) inserted "approved by the department"; in item (6) substituted "punishment" for "release"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1550. Verification.

The participant shall admit a person or agent designated by the department into his residence at any time for purposes of verifying the participant's compliance with the conditions of his detention.
The participant shall make the necessary arrangements to allow for a person designated by the department to visit the participant's place of education or employment at any time, upon approval of the educational institution or employer, for the purpose of verifying the participant's compliance with the conditions of his detention.
HISTORY: 1990 Act No. 594, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1560. Use of electronic monitoring device.

The participant shall use an approved electronic monitoring device if instructed by the department at all times to verify his compliance with the conditions of his detention and shall maintain a monitoring device in his home or on his person.
HISTORY: 1990 Act No. 594, Section 1; 1994 Act No. 508, Section 4; 1995 Act No. 7, Part II, Section 58.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1570. Approval required for change in residence or schedule; notice that violation of detention is a crime; revocation; input of victim regarding eligibility for home detention.

(A) The participant shall obtain approval from the department before he changes his residence or the schedule described in Section 24-13-1540.
(B) Notice must be given to the participant by the department that violation of the order for home detention subjects the participant to prosecution for the crime of escape as a misdemeanor, that commission of another crime revokes the order for home detention, and that if there is a violation or commission, the court shall sentence him to imprisonment.
(C) The participant shall abide by other conditions set by the department.
(D) The victim of the participant's crime, or his immediate family, must be provided the opportunity of oral or written input and comment to the department or court, or both, regarding the participant's home detention sentence.
HISTORY: 1990 Act No. 594, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1580. Necessity of written consent to electronic home detention; other residents' knowledge.

Before entering an order for commitment for electronic home detention, the court shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by:
(1) securing the written consent of the participant in the program to comply with the regulations of the program as stipulated in Section 24-13-1540 and the requirements of this article;
(2) securing, upon request of the department, the written consent of other adult persons residing in the home of the participant at the time an order or commitment for electronic home detention is entered and acknowledgment that they understand the nature and extent of approved electronic monitoring devices; and
(3) insuring that the approved electronic devices are minimally intrusive upon the privacy of the participant and other persons residing in the home while remaining in compliance with Sections 24-13-1550 and 24-13-1560.
HISTORY: 1990 Act No. 594, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1590. Article not applicable to certain controlled substance offenders; probation and parole authority not diminished.

Nothing in this article:
(1) applies to a person, regardless of age, who violates, or is awaiting trial on charges of violating, the illicit narcotic drugs and controlled substances laws of this State which are classified as Class A, B, or C felonies or which are classified as an exempt offense by Section 16-1-10(D) and provide for a maximum term of imprisonment of twenty years or more; or
(2) diminishes the lawful authority of the courts of this State, the Department of Juvenile Justice, or the Department of Probation, Parole, and Pardon Services to regulate or impose conditions for probation, parole, or community supervision.
HISTORY: 1990 Act No. 594, Section 1; 1993 Act No. 181, Section 448; 1994 Act No. 508, Section 5; 1995 Act No. 83, Section 36.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1910. Centers for alcohol and drug rehabilitation established; construction and operation of, and responsibility for centers.

There is established one or more centers for alcohol and drug rehabilitation under the jurisdiction of the Department of Corrections to treat and rehabilitate alcohol and drug offenders. The Department of Alcohol and Other Drug Abuse Services has primary responsibility for the addictions treatment of the offenders, and the Department of Corrections has primary responsibility for the maintenance and security of the offenders. The Department of Corrections may construct one or more centers upon the necessary appropriation of funds by the General Assembly. The centers established or constructed as authorized by this section shall provide at least seven hundred fifty beds. The centers established under this section must be fully operational by January 1, 1997.
HISTORY: 1995 Act No. 7, Part II, Section 45.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1920. Program for alcohol and drug abuse intervention, prevention, and treatment services; funding.

The Department of Alcohol and Other Drug Abuse Services shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for offenders sentenced to a center for alcohol and drug rehabilitation established pursuant to Section 24-13-1910. The Department of Alcohol and Other Drug Abuse Services shall provide staff and support necessary to administer the program. Funds for this program must be appropriated annually by the General Assembly.
HISTORY: 1995 Act No. 7, Part II, Section 45.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1930. Placement of certain offenders in center; report of availability of bed space.

A judge may suspend a sentence for a defendant convicted of a drug or alcohol offense for which imprisonment of more than ninety days may be imposed or as a revocation of probation and may place the offender in a center for alcohol and drug rehabilitation. The Department of Corrections, on the first day of each month, shall present to the general sessions court a report detailing the availability of bed space in the center for alcohol and drug rehabilitation.
HISTORY: 1995 Act No. 7, Part II, Section 45.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1940. Development of rules and regulations for operation of centers; funding and lease of building.

For the Department of Corrections to establish and maintain a center for alcohol and drug rehabilitation, its director shall coordinate with the Department of Alcohol & Other Drug Abuse Services to:
(1) develop policies and procedures for the operation of the center for alcohol and drug rehabilitation;
(2) fund other management options advantageous to the State including, but not limited to, contracting with public or nonpublic entities for the management of a center for alcohol and drug rehabilitation;
(3) lease buildings;
(4) develop standards for alcohol and drug abuse counseling for offenders sentenced to a center for alcohol and drug rehabilitation;
(5) develop standards for disciplinary rules to be imposed on residents of a center for alcohol and drug rehabilitation.
HISTORY: 1995 Act No. 7, Part II, Section 45.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-1950. Probation after release from center; revocation of suspended sentence; gender not grounds for ineligibility for program.

Upon release from a center for alcohol and drug rehabilitation, the offender must be placed on probation for a term as ordered by the court. Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence. No person is ineligible for this program by reason of gender.
HISTORY: 1995 Act No. 7, Part II, Section 45.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-2110. Preparation of inmates for employment.

To aid incarcerated individuals with reentry into their home communities of this State, the South Carolina Department of Corrections shall assist inmates in preparing for meaningful employment upon release from confinement. The South Carolina Department of Corrections shall coordinate efforts in this matter with the Department of Employment and Workforce, Department of Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, Alston Wilkes Society, and other private sector entities.
HISTORY: 2001 Act No. 96, Section 1.
Code Commissioner's Note
Pursuant to the directive to the Code Commissioner in 2010 Act No. 146, Section 122, "Department of Employment and Workforce" was substituted for all references to "Employment Security Commission", and "Executive Director of the Department of Employment and Workforce" or "executive director" was substituted for all references to the "Chairman of the Employment Security Commission" or "chairman" that refer to the Chairman of the Employment Security Commission, as appropriate.
Editor's Note
See Editor's Note following Article heading.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-2120. Coordination of agencies.

The Department of Corrections, Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, the Department of Employment and Workforce, and the Alston Wilkes Society shall adopt a memorandum of understanding that establishes the respective responsibilities of each agency. Each agency shall adopt policies and procedures as may be necessary to implement the memorandum of understanding.
HISTORY: 2001 Act No. 96, Section 1.
Code Commissioner's Note
Pursuant to the directive to the Code Commissioner in 2010 Act No. 146, Section 122, "Department of Employment and Workforce" was substituted for all references to "Employment Security Commission", and "Executive Director of the Department of Employment and Workforce" or "executive director" was substituted for all references to the "Chairman of the Employment Security Commission" or "chairman" that refer to the Chairman of the Employment Security Commission, as appropriate.
Editor's Note
See Editor's Note following Article heading.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-2130. Memorandum of understanding to establish role of each agency.

(A) The memorandum of understanding between the South Carolina Department of Corrections, Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, Department of Employment and Workforce, Alston Wilkes Society, and other private sector entities shall establish the role of each agency in:
(1) ascertaining an inmate's opportunities for employment after release from confinement and providing him with vocational and academic education and life skills assessments based on evidence-based practices and criminal risk factors analysis as may be appropriate;
(2) developing skills enhancement programs for inmates, as appropriate;
(3) coordinating job referrals and related services to inmates prior to release from incarceration;
(4) encouraging participation by inmates in the services offered;
(5) developing and maintaining a statewide network of employment referrals for inmates at the time of their release from incarceration and aiding inmates in the securing of employment;
(6) identifying and facilitating other transitional services within both governmental and private sectors;
(7) surveying employment trends within the State and making proposals to the Department of Corrections regarding potential vocational training activities.
(B) Further, the Department of Corrections and the Department of Probation, Parole and Pardon Services are directed to work with the Department of Motor Vehicles to develop and implement a plan for providing inmates who are being released from a correctional facility with a valid photo identification card. To the extent that funds are available from an individual inmate's account, the Department of Corrections shall transfer five dollars to the Department of Motor Vehicles to cover the cost of issuing the photo identification card. The Department of Motor Vehicles shall use existing resources and technology to produce the photo identification card.
HISTORY: 2001 Act No. 96, Section 1; 2010 Act No. 273, Section 57, eff January 1, 2011.
Code Commissioner's Note
Pursuant to the directive to the Code Commissioner in 2010 Act No. 146, Section 122, "Department of Employment and Workforce" was substituted for all references to "Employment Security Commission", and "Executive Director of the Department of Employment and Workforce" or "executive director" was substituted for all references to the "Chairman of the Employment Security Commission" or "chairman" that refer to the Chairman of the Employment Security Commission, as appropriate.
Editor's Note
See Editor's Note following Article heading.
2010 Act No. 273, Section 66, provides in part:
"The provisions of Part II take effect on January 1, 2011, for offenses occurring on or after that date."
Effect of Amendment
The 2010 amendment added the subsection identifiers, in subsection (A)(1) inserted "based on evidence-based practices and criminal risk factors analysis", and added subsection (B) relating to identification cards.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 13 - Prisoners Generally › Section 24-13-2140. Coordination by Department of Corrections.

The Department of Corrections shall coordinate the efforts of the affected state agencies through the Program Services Administration. The Department of Corrections shall:
(1) develop such policies and standards as may be necessary for the provision of assessment, training, and referral services;
(2) obtain information from appropriate agencies and organizations affiliated with the services to determine actions that should be undertaken to create or modify these services;
(3) disseminate information about the services throughout the State;
(4) provide information and assistance to other agencies, as may be appropriate or necessary, to carry out the provisions of this chapter;
(5) provide inmates of the Department of Corrections information concerning postrelease job training and employment referral services and information concerning services that may be available from the Department of Alcohol and Other Drug Abuse Services, the Department of Mental Health, and the Department of Veterans' Affairs;
(6) prepare an annual report that will be submitted to the directors of each agency that is a party to a memorandum of understanding as provided for in Section 24-13-2120;
(7) negotiate with Alston Wilkes Society and private sector entities concerning the delivery of assistance or services to inmates who are transitioning from incarceration to reentering their communities.
HISTORY: 2001 Act No. 96, Section 1.
Code Commissioner's Note
Pursuant to the directive to the Code Commissioner in 2019 Act No. 26, Section 4(C), in (5), "Department of Veterans' Affairs" was substituted for "Office of Veterans Affairs".
Editor's Note
See Editor's Note following Article heading.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-5. Short title.

This chapter may be cited as the "Judge William R. Byars Youthful Offender Act".
HISTORY: 2016 Act No. 164 (S.1090), Section 1, eff April 29, 2016.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-20. Youthful Offender Division created in Department of Corrections; staff.

There is hereby created within the Department of Corrections a Youthful Offender Division. The division shall be staffed by appointees and designees of the Director of the Department of Corrections. The staff members shall be delegated such administrative duties and responsibilities as may be required to carry out the purpose of this chapter.
HISTORY: 1962 Code Section 55-391; 1968 (55) 3031; 1993 Act No. 181, Section 450.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-30. Duties of Division generally.

The division shall consider problems of treatment and correction; shall consult with and make recommendations to the director with respect to general treatment and correction policies and procedures for committed youthful offenders, and recommend orders to direct the release of youthful offenders conditionally under supervision and the unconditional discharge of youthful offenders; and take such further action and recommend such other orders to the director as may be necessary or proper to carry out the purpose of this chapter.
HISTORY: 1962 Code Section 55-393; 1968 (55) 3031; 1993 Act No. 181, Section 451.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 19 - Correction And Treatment Of Youthful Offenders › Section 24-19-40. Adoption of rules.

The division shall adopt such rules as the South Carolina Department of Corrections approves and promulgate them as they apply directly or indirectly to its procedure.
HISTORY: 1962 Code Section 55-394; 1968 (55) 3031; 1993 Act No. 181, Section 452.