reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-620. Review by Board of prisoner's case after prisoner has served one fourth of sentence.

Within the ninety-day period preceding a prisoner having served one-fourth of his sentence, the board, either acting in a three-member panel or meeting as a full board, shall review the case, regardless of whether or not any application has been made therefor, for the purpose of determining whether or not such prisoner is entitled to any of the benefits provided for in this chapter; provided, that in cases of prisoners in confinement due to convictions for nonviolent crimes, an administrative hearing officer may be appointed by the director to review the case who must submit to the full board written findings of fact and recommendations which shall be the basis for a determination by the board. Upon an affirmative determination, the prisoner must be granted a provisional parole or parole. Upon a negative determination, the prisoner's case shall be reviewed every twelve months thereafter for the purpose of such determination.
HISTORY: 1962 Code Section 55-611.1; 1952 Code Section 55-611.1; 1942 Code Section 1038-10; 1942 (42) 1456; 1949 (46) 311; 1981 Act No. 100, Section 10; 1991 Act No. 134, Section 18; 1993 Act No. 181, Section 473.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-630. Effect of time served while awaiting trial upon determination of time required to be served for eligibility for parole.

For the purpose of determining the time required to be served by a prisoner before he shall be eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall be given benefit for time served in prison in excess of three months while awaiting trial or between trials.
HISTORY: 1962 Code Section 55-611.2; 1968 (55) 2717.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-635. Earned work credits.

For the purpose of determining the time required to be served by a prisoner before he shall be eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall be given benefit of earned work credits awarded pursuant to Section 24-13-230.
HISTORY: 1978 Act No. 496, Section 17; 1981 Act No. 100, Section 11.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-650. Order of parole.

The board shall issue an order authorizing the parole which must be signed by at least a majority of its members with terms and conditions, if any, but at least two-thirds of the members of the board must sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. The director, or one lawfully acting for him, then must issue a parole order which, if accepted by the prisoner, provides for his release from custody. Upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole.
HISTORY: 1962 Code Section 55-613; 1952 Code Section 55-613; 1942 Code Section 1038-11; 1942 (42) 1456; 1949 (46) 311; 1977 Act No. 110, Section 1; 1986 Act No. 462, Section 32; 1988 Act No. 480, Section 14; 1991 Act No. 134, Section 1993 Act No. 181, Section 475.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-660. Effect of parole.

Any prisoner who has been paroled is subject during the remainder of his original term of imprisonment, up to the maximum, to the conditions and restrictions imposed in the order of parole or by law imposed. Every such paroled prisoner must remain in the jurisdiction of the board and may at any time on the order of the board, be imprisoned as and where therein designated.
HISTORY: 1962 Code Section 55-614; 1952 Code Section 55-614; 1942 Code Section 1038-11; 1942 (42) 1456; 1949 (46) 311; 1991 Act No. 134, Section 21.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-670. Term of parole.

Any prisoner who may be paroled under authority of this chapter shall continue on parole until the expiration of the maximum term or terms specified in his sentence without deduction of such allowance for good conduct as may be provided for by law.
HISTORY: 1962 Code Section 55-615; 1952 Code Section 55-615; 1942 Code Section 1038-12; 1942 (42) 1456.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-680. Violation of parole.

Upon failure of any prisoner released on parole under the provisions of this chapter to do or refrain from doing any of the things set forth and required to be done by and under the terms of his parole, the parole agent must issue a warrant or citation charging the violation of parole, and a final determination must be made by the board as to whether the prisoner's parole should be revoked and whether he should be required to serve any part of the remaining unserved sentence. But such prisoner must be eligible to parole thereafter when and if the board thinks such parole would be proper. The board shall be the sole judge as to whether or not a parole has been violated and no appeal therefrom shall be allowed; provided, that any person arrested for violation of terms of parole may be released on bond, for good cause shown, pending final determination of the violation by the Probation, Parole and Pardon Board. No bond shall be granted except by the presiding or resident judge of the circuit wherein the prisoner is arrested, or, if there be no judge within such circuit, by the judge, presiding or resident, in an adjacent circuit, and the judge granting the bond shall determine the amount thereof.
HISTORY: 1962 Code Section 55-616; 1952 Code Section 55-616; 1942 Code Section 1038-11; 1942 (42) 1456; 1947 (45) 67; 1949 (46) 311; 1962 (52) 1887; 1965 (54) 306; 1991 Act No. 134, Section 22.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-690. Release after service of full time less good conduct deduction.

Any person who shall have served the term for which he has been sentenced less deductions allowed therefrom for good conduct shall, upon release, be treated as if he had served the entire term for which he was sentenced.
HISTORY: 1962 Code Section 55-617; 1952 Code Section 55-617; 1942 Code Section 1038-12; 1942 (42) 1456; 1955 (49) 475.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-700. Special parole of persons needing psychiatric care.

Any prisoner who is otherwise eligible for parole under the provisions of this article, except that his mental condition is deemed by the Probation, Pardon and Parole Board to be such that he should not be released from confinement may, subject to approval by the Veterans Administration, be released to the custody of the Veterans Administration or to a committee appointed to commit such prisoner to a Veterans Administration Hospital. Such a special parole shall be granted in the sole discretion of the Board and, when so paroled, a prisoner shall be transferred directly from his place of confinement to a Veterans Administration Hospital which provides psychiatric care. When any prisoner paroled for psychiatric treatment is determined to be in a suitable condition to be released, he shall not be returned to penal custody except for a subsequent violation of the conditions of his parole.
HISTORY: 1962 Code Section 55-618; 1968 (55) 2696.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-710. Film, videotape, or other electronic information may be considered by board in parole determination.

(A) Film, videotape, or other electronic information that is both visual and aural, submitted pursuant to this section, must be considered by the Board of Probation, Parole, and Pardon Services in making its determination of parole.
(B) Upon receipt of the notice required by law, the following people may submit electronic information:
(1) the victim of the crime for which the prisoner has been sentenced;
(2) the prosecuting solicitor's office; and
(3) the person whose parole is being considered.
(C) The person submitting the electronic information shall provide the Board of Probation, Parole, and Pardon Services with the following:
(1) identification of each voice heard and each person seen;
(2) a visual or aural statement of the date the information was recorded; and
(3) the name of the person whose parole eligibility is being considered.
(D) If the film, videotape, or other electronic information is retained by the board, it may be submitted at subsequent parole hearings each time that the submitting person provides a written statement declaring that the information represents the present position of the person who is submitting the information.
(E) The Department of Corrections may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole and Pardon Services shall install, maintain, and operate closed circuit television systems at locations determined by the board and conduct parole hearings by means of a two-way closed circuit television system provided in this section. A victim of a crime must be allowed access to this system to appear before the board during a parole hearing.
(F) Nothing in this section shall be construed to prohibit submission of information in other forms as provided by law.
(G) The director of the Department of Probation, Parole, and Pardon Services may develop written policies and procedures for parole hearings to be held pursuant to this section.
(H) The Board of Probation, Parole, and Pardon Services is not required to install, maintain, or operate film, videotape, or other electronic equipment to record a victim's testimony to be presented to the board.
HISTORY: 1995 Act No. 57, Section 1; 2004 Act No. 263, Section 14.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-715. Parole for terminally ill, geriatric, or permanently disabled inmates.

(A) As contained in this section:
(1) "Terminally ill" means an inmate who, as determined by a licensed physician, has an incurable condition caused by illness or disease that was unknown at the time of sentencing or, since the time of sentencing, has progressed to render the inmate terminally ill, and that will likely produce death within two years, and that is so debilitating that the inmate does not pose a public safety risk.
(2) "Geriatric" means an inmate who is seventy years of age or older and suffers from chronic infirmity, illness, or disease related to aging, which has progressed so the inmate is incapacitated as determined by a licensed physician to the extent that the inmate does not pose a public safety risk.
(3) "Permanently incapacitated" means an inmate who no longer poses a public safety risk because of a medical condition that is not terminal but that renders him permanently and irreversibly incapacitated as determined by a licensed physician and which requires immediate and long term residential care.
(B) Notwithstanding another provision of law, only the full parole board, upon a petition filed by the Director of the Department of Corrections, may order the release of an inmate who is terminally ill, geriatric, permanently incapacitated, or any combination of these conditions.
(C) The parole order issued by the parole board pursuant to this section must include findings of fact that substantiate a legal and medical conclusion that the inmate is terminally ill, geriatric, permanently incapacitated, or a combination of these conditions, and does not pose a threat to society or himself. It also must contain the requirements for the inmate's supervision and conditions for his participation and removal.
(D) An inmate granted a parole pursuant to this section is under the supervision of the Department of Probation, Parole and Pardon Services. The inmate must reside in an approved residence and abide by all conditions ordered by the parole board. The department is responsible for supervising an inmate's compliance with the conditions of the parole board's order as well as monitoring the inmate in accordance with the department's policies.
(E) The department shall retain jurisdiction for all matters relating to the parole granted pursuant to this section and conduct an annual review of the inmate's status to ensure that he remains eligible for parole pursuant to this section. If the department determines that the inmate is no longer eligible to participate in the parole set forth in this section, a probation agent must issue a warrant or citation charging a violation of parole and the board shall proceed pursuant to the provisions of Section 24-21-680.
HISTORY: 2010 Act No. 273, Section 55, eff January 1, 2011.
Editor's Note
2010 Act No. 273, Section 66, provides in part:
"The provisions of Part II take effect on January 1, 2011, for offenses occurring on or after that date."
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-910. Petitions for reprieve or commutation of death sentence; recommendation to governor.

The Probation, Parole, and Pardon Services Board shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which may be referred to it by the Governor and shall make its recommendations to the Governor regarding the petitions. The Governor may or may not adopt the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any petition without reference to the board.
HISTORY: 1962 Code Section 55-641; 1952 Code Section 55-641; 1942 Code Section 3436; 1932 Code Section 3436; Civ. C. '22 Section 978; Civ. C. '12 Section 889; 1906 (25) 14; 1949 (46) 49; 1988 Act No. 480, Section 17; 1995 Act No. 83, Section 48.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-920. Clemency in other cases.

In all other cases than those referred to in Section 24-21-910 the right of granting clemency shall be vested in the Board.
HISTORY: 1962 Code Section 55-642; 1952 Code Section 55-642; Const. Art. 4, Section 11.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-930. Order of pardon.

An order of pardon must be signed by at least two-thirds of the members of the board. Upon the issue of the order by the board, the director, or one lawfully acting for him, must issue a pardon order which provides for the restoration of the pardon applicant's civil rights.
HISTORY: 1962 Code Section 55-643; 1952 Code Section 55-643; 1949 (46) 311; 1988 Act No. 480, Section 15; 1991 Act No. 134, Section 23; 1993 Act No. 181, Section 476.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-940. Definitions.

A. "Pardon" means that an individual is fully pardoned from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty or whatever else the law has provided.
B. "Successful completion of supervision" as used in this article shall mean free of conviction of any type other than minor traffic offenses.
HISTORY: 1981 Act No. 100, Section 14.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-950. Guidelines for determining eligibility for pardon.

(A) The following guidelines must be utilized by the board when determining when an individual is eligible for pardon consideration.
(1) Probationers must be considered upon the request of the individual anytime after discharge from supervision.
(2) Persons discharged from a sentence without benefit of parole must be considered upon the request of the individual anytime after the date of discharge.
(3) Parolees must be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, must be considered for pardon upon the request of the individual anytime after the date of discharge.
(4) An inmate must be considered for pardon before a parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.
(5) The victim of a crime or a member of a convicted person's family living within this State may petition for a pardon for a person who has completed supervision or has been discharged from a sentence.
(B) Persons discharged from a sentence without benefit of supervision must be considered upon the request of the individual anytime after the date of discharge.
HISTORY: 1981 Act No. 100, Section 14; 1988 Act No. 322, Section 1; 1995 Act No. 83, Section 49.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-960. Pardon application fee; re-application after denial.

(A) Each pardon application must be accompanied with a pardon application fee of one hundred dollars. The pardon application fee must be retained and applied by the department toward the pardon process.
(B) Any individual who has an application for pardon considered but denied, must wait one year from the date of denial before filing another pardon application and fee.
HISTORY: 1981 Act No. 100, Section 14; 1993 Act No. 164, Part II, Section 27A; 2008 Act No. 353, Section 2, Pt 15C, eff July 1, 2009.
Effect of Amendment
The 2008 amendment, in subsection (A), substituted "one hundred dollars" for "fifty dollars".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-970. Pardon considered in cases of terminal illness.

Consideration shall be given to any inmate afflicted with a terminal illness where life expectancy is one year or less.
HISTORY: 1981 Act No. 100, Section 14.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-980. Pardon obtained through fraud.

Once delivered, a pardon cannot be revoked unless it was obtained through fraud. If a pardon is obtained through fraud, it is void.
HISTORY: 1981 Act No. 100, Section 14.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-990. Civil rights restored upon pardon.

A pardon shall fully restore all civil rights lost as a result of a conviction, which shall include the right to:
(1) register to vote;
(2) vote;
(3) serve on a jury;
(4) hold public office, except as provided in Section 16-13-210;
(5) testify without having the fact of his conviction introduced for impeachment purposes to the extent provided by Rule 609(c) of the South Carolina Rules of Evidence;
(6) not have his testimony excluded in a legal proceeding if convicted of perjury; and
(7) be licensed for any occupation requiring a license.
HISTORY: 1981 Act No. 100, Section 14; 1991 Act No. 134, Section 24; 1995 Act No. 104, Section 6.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-1000. Certificate of pardon.

For those applicants to be granted a pardon, a certificate of pardon shall be issued by the Board stating that the individual is absolved from all legal consequences of his crime and conviction, and that all of his civil rights are restored.
HISTORY: 1981 Act No. 100, Section 14.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-1105. Purpose.

The purpose of this compact and the Interstate Commission created under it, through means of joint and cooperative action among the compacting states, is to:
(1) promote public safety by providing adequate supervision in the community of adult offenders who are subject to the compact;
(2) provide a means for tracking offenders subject to supervision under this compact;
(3) provide a means of transferring supervision authority in an orderly and efficient manner;
(4) provide a means of returning offenders to the originating jurisdictions when necessary;
(5) provide a means for giving timely notice to victims of the location of offenders subject to supervision under this compact;
(6) distribute the costs, benefits, and obligations of this compact equitably among the compacting states;
(7) establish a system of uniform data collection for offenders subject to supervision under this compact and to allow access to information by authorized criminal justice officials;
(8) monitor compliance with rules established under this compact; and
(9) coordinate training and education regarding regulations relating to the interstate movement of offenders, for officials involved in this activity.
HISTORY: 2002 Act No. 273, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-1110. Definitions.

As used in this compact, unless the context clearly requires a different construction:
(A) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.
(B) "By-laws" mean those by-laws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission's actions or conduct.
(C) "Compact administrator" means the individual in each compacting state appointed to administer and manage the state's supervision and transfer of offenders subject to the terms of this compact and the rules adopted by the Interstate Commission.
(D) "Compacting state" means any state which has enacted the enabling legislation for this compact.
(E) "Commissioner" means the voting representative of each compacting state appointed pursuant to Section 24-21-1120 and this compact.
(F) "Interstate Commission" means the Interstate Commission for Adult Offender Supervision.
(G) "Member" means the commissioner of a compacting state or designee, who must be a person officially connected with the commissioner.
(H) "Noncompacting state" means a state which has not enacted the enabling legislation for this compact.
(I) "Offender" means an adult placed under, or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of a court, paroling authority, corrections, or other criminal justice agency.
(J) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private.
(K) "Rules" means acts of the Interstate Commission, promulgated pursuant to Section 24-21-1160 of this compact, substantially affecting interested parties in addition to the Interstate Commission, which have the force and effect of law in the compacting states.
(L) "State" means a state of the United States, the District of Columbia, and any territorial possession of the United States.
(M) "State Council" means the resident members of the state council for Interstate Adult Offender Supervision created by each state under Section 24-21-1120.
HISTORY: 2002 Act No. 273, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-1130. Powers.

The Interstate Commission shall have the following powers:
(1) to adopt a seal and suitable by-laws governing the management and operation of the Interstate Commission;
(2) to promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;
(3) to oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission;
(4) to enforce compliance with compact provisions, Interstate Commission rules, and bylaws using all necessary and proper means including, but not limited to, the use of the judicial process;
(5) to establish and maintain offices;
(6) to purchase and maintain insurance and bonds;
(7) to borrow, accept, or contract for services of personnel including, but not limited to, members and their staffs;
(8) to establish and appoint committees and hire staff which it considers necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Section 24-21-1120(F) which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties;
(9) to elect or appoint officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications, and to establish the Interstate Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;
(10) to accept donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of them;
(11) to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any real, personal, or mixed property;
(12) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any real, personal, or mixed property;
(13) to establish a budget and make expenditures and levy dues as provided in Section 24-21-1180;
(14) to sue and be sued;
(15) to provide for dispute resolution among compacting states;
(16) to perform the functions as may be necessary or appropriate to achieve the purposes of this compact;
(17) to report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. The reports shall also include any recommendations that may have been adopted by the Interstate Commission;
(18) to coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in this activity; and
(19) to establish uniform standards for the reporting, collecting, and exchanging of data.
HISTORY: 2002 Act No. 273, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-1170. Oversight of interstate movement of adult offenders; enforcement of compact; resolution of disputes among states; mediation.

(A) The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
(B) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any proceeding and shall have standing to intervene in the proceeding for all purposes.
(1) The compacting states shall report to the Interstate Commission on issues or activities of concern to them, cooperate with, and support the Interstate Commission in the discharge of its duties and responsibilities.
(2) The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.
(3) The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(C) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Section 24-21-1200(B).
HISTORY: 2002 Act No. 273, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-1180. Establishment and operating costs; assessments from compacting states; accounting.

(A) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
(B) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff that must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the State and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs the assessment.
(C) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(D) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission must be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the Interstate Commission.
HISTORY: 2002 Act No. 273, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-1190. Compact membership eligibility; effective date; amendments.

(A) Any state is eligible to become a compacting state.
(B) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date must be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, it shall become effective and binding as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
(C) Amendments to the compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
HISTORY: 2002 Act No. 273, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-1210. Severability.

(A) The provisions of this compact must be severable, and if a phrase, clause, sentence, or provision is considered unenforceable, the remaining provisions of the compact must be enforceable.
(B) The provisions of this compact must be liberally constructed to effectuate its purposes.
HISTORY: 2002 Act No. 273, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-1220. Construction and application.

(A)(1) Nothing in this article prevents the enforcement of another law of a compacting state that is consistent with this compact.
(2) All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.
(B)(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
(2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding the meaning or interpretation.
(4) In the event a provision of this compact exceeds the constitutional limits imposed on the legislature of a compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by the provision upon the Interstate Commission must be ineffective and the obligations, duties, powers, or jurisdiction must remain in the compacting state and must be exercised by the agency to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
HISTORY: 2002 Act No. 273, Section 1.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-1310. Development and operation; inmate eligibility.

(A) Notwithstanding another provision of law, the Department of Probation, Parole and Pardon Services may develop and operate day reporting centers for eligible inmates and eligible offenders, if the General Assembly appropriates funds to operate these centers. The Department of Probation, Parole and Pardon Services shall develop policies, procedures, and guidelines for the operation of day reporting centers. The period of time an eligible inmate or offender is required to participate in a day reporting program and the individual terms and conditions of an eligible inmate's or offender's placement and participation are at the joint discretion of the Department of Corrections and the Department of Probation, Parole and Pardon Services.
(B) An inmate or offender has no right to be placed in a day reporting center. The Department of Corrections and the Department of Probation, Parole and Pardon Services have absolute discretion to place an eligible inmate or offender in a day reporting center and nothing in this article may be construed to entitle an inmate or offender to participate in a day reporting center program.
HISTORY: 2008 Act No. 284, Section 1, eff June 11, 2008.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-1320. Conditions of placement; removal.

(A) An eligible inmate or offender placed in a day reporting center must agree to abide by the conditions established by the Department of Corrections and the Department of Probation, Parole and Pardon Services, which may include, but are not limited to:
(1) seek and maintain employment;
(2) participate in any educational, vocational training, counseling, or mentoring program recommended by the department;
(3) refrain from using alcohol or nonprescription medication; and
(4) pay a reasonable supervision fee, which may be waived by the department, that must be retained by the department to assist in funding this program.
(B) An eligible inmate or offender who fails to abide by the conditions established by the Department of Corrections and the Department of Probation, Parole and Pardon Services may be removed from the community and brought before an administrative hearing officer of the Department of Probation, Parole and Pardon Services. The Department of Probation, Parole and Pardon Services is the sole authority for determining whether any condition has been violated and for determining the actions to be taken in response to the violation. A participant revoked from participation in a day reporting center may be subject to further criminal proceedings or the institution of internal disciplinary sanctions for violations of any conditions associated with his placement in the day reporting center program. An inmate who fails to report as instructed, or whose whereabouts are unknown, may be considered to be an escapee by the department and may be apprehended and returned to custody as any other inmate who is deemed an escapee by the department.
(C) If a sentence to a day reporting center is revoked, the inmate must serve the remainder of his sentence within the Department of Corrections.
HISTORY: 2008 Act No. 284, Section 1, eff June 11, 2008.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 21 - Probation, Parole And Pardon › Section 24-21-1330. Pilot project day reporting center program; termination.

The pilot project day reporting center program terminates twelve months from its opening, unless extended by the General Assembly.
HISTORY: 2008 Act No. 284, Section 1, eff June 11, 2008.
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 24-22-30. Eligibility to participate in offender management system.

To be eligible to participate in the offender management system, an offender shall:
(a) be classified as a qualified prisoner as defined herein;
(b) maintain a clear disciplinary record during the offender's incarceration or for at least six months prior to consideration for placement in the system;
(c) demonstrate during incarceration a general desire to become a law abiding member of society;
(d) satisfy any reasonable requirements imposed on the offender by the Department of Corrections;
(e) be willing to participate in the criminal offender management system and all of its programs and rehabilitative services and agree to conditions imposed by the departments;
(f) possess an acceptable risk score. The risk score shall be affected by, but not be limited to, the following factors:
(1) nature and seriousness of the current offense;
(2) nature and seriousness of prior offenses;
(3) institutional record;
(4) performance under prior criminal justice supervision; and
(g) satisfy any other criteria established by the South Carolina Department of Corrections and the State Board of Probation, Parole and Pardon Services.
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 24-22-40. Implementation of system; limits to issuance of certificates; Orders by Governor to enroll or cease release of prisoners.

The South Carolina Department of Probation, Parole and Pardon Services, in cooperation with the South Carolina Department of Corrections shall develop and establish policies, procedures, guidelines, and cooperative agreements for the implementation of an adult criminal offender management system which permits carefully screened and selected male offenders and female offenders to be enrolled in the criminal offender management system.
After review by and approval of three members of the Board of Probation, Parole and Pardon Services designated by the Governor, the board shall enroll qualified offenders monthly into the offender management system to prevent the prison system population from exceeding one hundred percent of capacity at high count. No offender shall be issued an offender management system certificate and released from prison if the release of the offender will reduce the prison system population below ninety-five percent of capacity at high count.
If the Governor at any time during periods when the offender management system is in operation, determines that an insufficient number of inmates are being enrolled into the system to keep the prison system population below one hundred percent of capacity of high count or if the Governor determines that the number of inmates released has reached a level that could endanger the public welfare and safety of the State, he may issue an Executive Order requiring the South Carolina Department of Probation, Parole and Pardon Services and the South Carolina Department of Corrections to enroll a specified number of qualified prisoners per month for a specified number of months or require the department to cease and desist in the release of the inmates accordingly.
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 24-22-50. System to be in operation during all periods in which funded.

The offender management system shall be in operation during all periods that the system is appropriately funded.
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 24-22-60. Evaluation of offenders.

Offenders enrolled in the offender management system shall be evaluated at Department of Corrections Reintegration Centers. The evaluation shall determine the offender's needs prior to community placement. The programs and services provided at a reintegration center by the Department of Corrections shall prepare offenders to be placed in the appropriate community control strategies.
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 24-22-70. Good behavior credit; earned work credits.

Offenders enrolled in the offender management system shall be entitled to good behavior credit as specified in Section 24-13-210 and to earned work credits as determined pursuant to Section 24-13-230. Offenders revoked from the offender management system shall not receive credit on their sentence for six months or for the time credited while placed in the community control strategies, whichever is less.
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 24-22-80. Revocation of offender management system status; no appeal.

Revocation of offender management system status awarded under this chapter is a permissible prison disciplinary action.
Offenders transferred to a reintegration center who have not been placed in and agreed to community control strategies and who violate the conditions of the offender management system may be revoked from the system by the Department of Corrections. Offenders who have been placed in and agreed to the community control strategies who violate the conditions of the offender management system certificate may be revoked from the offender management system by the Department of Probation, Parole and Pardon Services. The revocation procedures shall be developed jointly by the South Carolina Department of Corrections and the South Carolina Department of Probation, Parole and Pardon Services. There shall be no right to appeal a revocation.
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 24-22-90. Enrollment in system; supervision in community; giving of notice; statements by victims, witnesses, solicitors, law enforcement officers, and others for or against release.

Offenders shall be enrolled in the offender management system and supervised in the community by the South Carolina Department of Probation, Parole and Pardon Services. The South Carolina Department of Corrections shall transfer enrolled inmates to a South Carolina Department of Corrections Reintegration Center for evaluation pursuant to Section 24-22-60. The South Carolina Department of Probation, Parole and Pardon Services shall issue an offender management system certificate with conditions which must be agreed to by the offender prior to the offender's placement in the community control strategies.
The South Carolina Department of Corrections shall notify the South Carolina Department of Probation, Parole and Pardon Services of all victim impact statements filed pursuant to Section 16-1-1550, which references offenders enrolled in the offender management system. The South Carolina Department of Probation, Parole and Pardon Services shall, prior to enrolling an offender into the offender management system, give thirty days prior written notice to any person or entity who has filed a written request for notice. Any victim or witness pursuant to Article 15, Chapter 3, Title 16 and any solicitor, law enforcement officer, or other person or entity may request notice about an offender under this section and may testify by written or oral statement for or against the release. The South Carolina Department of Probation, Parole and Pardon Services shall have authority to deny enrollment to any offender based upon the statements of any person responding to the notice of enrollment.
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.
This section contained a cross reference to Section 16-3-1530 which was substantially rewritten by Act 141 of 1997 and is no longer an applicable cross reference. However, substantially the same text is found in Article 15, Chapter 3, Title 16, and accordingly the cross reference has been changed to reflect the proper text.