reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 3 - CRIMINAL INFORMATION AND COMMUNICATION › Subarticle I - COMPUTERIZED CRIMINAL HISTORY › Section 73-22 - Completeness and Accuracy of Records

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Criminal Records Department will maintain complete and accurate criminal history record information as submitted by criminal justice agencies.
B. Dispositions will be forwarded to the Criminal Records Department by the appropriate criminal justice agencies as soon after final judicial action as practicable in accordance with procedures established by the South Carolina Office of Court Administration and the South Carolina Law Enforcement Division.
C. The Criminal Records Department will process the dispositions as soon as practicable following their receipt.
D. All criminal justice agencies will query the central criminal history records repository at SLED/CJIS prior to dissemination of any criminal history record information to assure that the most current disposition data are being used. Inquiries will be made prior to any dissemination except in those cases when the central repository at SLED/CJIS is technically incapable of responding within the necessary time period.
E. Criminal history record information will not contain any information known to be in error. To accomplish this end, the South Carolina Law Enforcement Division will institute a process of data collection, entry, storage, and systematic audit that will minimize the possibility of recording and storing inaccurate information.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 3 - CRIMINAL INFORMATION AND COMMUNICATION › Subarticle I - COMPUTERIZED CRIMINAL HISTORY › Section 73-24 - Access and Review of Criminal Record Information

Current through Register Vol. 48, No. 6, June 28, 2024
A. Individual right of access and review:
(1) Upon verification of his or her identity, an individual will be entitled to review, without undue burden to either the agency or the individual, specific portions of criminal history record information maintained about the individual and obtain a copy thereof when necessary for the purpose of challenge or correction. Individuals wishing to review their records must appear personally at the SLED Criminal Records Department.
(2) Times for review will be 8:30 a.m. through 5:00 p.m. Monday through Friday, except legal State holidays.
(3) The requesting individual will fill out a SLED/CJIS review form, "Individual Request for Criminal Record Review".
(4) If the individual is accompanied by an attorney, the attorney must produce evidence that he is a member, in good standing, of a state bar association.
(5) When an individual who has mental or language disabilities is accompanied by another person to aid in the interpretation of the record, a statement explaining the presence of the person must be included in the review form. The accompanying person must also sign the review form.
(6) If the individual is accompanied by another person, including a potential employer, the accompanying person must not be allowed to see the record. The accompanying person must follow the regular dissemination procedures given above.
(7) Waivers have no authority. The record does not belong to the reviewing person, but to the agency which holds it.
(8) A reasonable fee will be charged for processing this review at SLED/CJIS. The fee is not to exceed the actual cost of searching, processing, fingerprinting, and producing copies of the review.
(9) Posters displayed at SLED will inform the public of an individual's right to inspect his or her criminal history record information.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 3 - CRIMINAL INFORMATION AND COMMUNICATION › Subarticle I - COMPUTERIZED CRIMINAL HISTORY › Section 73-25 - Security

Current through Register Vol. 48, No. 6, June 28, 2024
All agencies must provide security for any information that is subject to these regulations. These security principles and standards apply to both manual and automated information systems. The standards for both types of systems include access restraints, personnel security and control, disaster protection, training, and other technical security controls SLED CJIS deems necessary.
A. Access restraints to criminal history record information and the area in which it is located ensure that access to the following is restricted to authorized agencies and personnel: criminal history record information; system facilities; system operating environments; file contents, whether in use or stored in a media library; and system documentation.
(1) Physical locations such as records rooms, computer facilities, computer terminal locations, and rooms where files are kept will have access restraints.
(2) Areas containing criminal history records must be secured by physical barriers or attended by agency personnel who restrict access.
(3) Criminal history record information, when in areas with no access restraints, must be kept in cabinets or desks which can be locked.
(4) All personnel who are allowed to access criminal history record information must be subjected to a criminal history background investigation in accordance with SLED policy.
(5) Each criminal justice agency must control access to its criminal history record information, and must screen employees and other individuals who may have access to criminal history record information stored within the agency.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 3 - CRIMINAL INFORMATION AND COMMUNICATION › Subarticle I - COMPUTERIZED CRIMINAL HISTORY › Section 73-26 - Expungement of Criminal History Record Information

Current through Register Vol. 48, No. 6, June 28, 2024
SLED/CJIS must expunge criminal history record information in accordance with the South Carolina 1976 Code of Laws, as amended. SLED/CJIS must ensure that its manual and automated records are expunged as required, and that the Federal Bureau of Investigation Identification Bureau CJIS Division is notified whenever expungements affect criminal history record information housed at the Federal Bureau of Investigation.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 3 - CRIMINAL INFORMATION AND COMMUNICATION › Subarticle I - COMPUTERIZED CRIMINAL HISTORY › Section 73-27 - Audit Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
SLED/CJIS must institute audit procedures to ensure that criminal history record information is accurate. SLED/CJIS has the right to suspend services to any user agency that knowingly and willfully violates any federal or state law or regulation pertaining to the use, collection, storage, or dissemination of criminal history record information.
A. Field audits of user agencies must be performed by personnel designated by the Assistant Director for SLED/CJIS. The Assistant Director for SLED/CJIS or his or her designee will act as liaison between user agencies and auditors, and must review the findings of audits to determine what assistance, remedies, or other action may be required, or whether a user agency may be re-audited after a period sufficient to correct any deficiencies that may have been discovered. Auditors must perform audits in accordance with a schedule approved by the Assistant Director for SLED/CJIS, and must regularly report their findings and recommendations. In addition to auditing user agencies for compliance with the contents of this chapter and State statutes, the auditors must review the agencies' compliance with all Federal Bureau of Investigation/National Crime Information Center regulations, and federal regulations and statutes governing criminal justice information and communications.
B. Field audits must have two basic components:
(1) A procedural audit must examine the procedures that are necessary for compliance with State and federal statutes and regulations. Auditors must inspect written procedures and manuals, and must interview personnel to evaluate methods of compliance and levels of understanding. Sites must be examined to determine levels of access restraint and security. The audit must include, but not be limited to, reviews of record and disposition reporting procedures, dissemination procedures, individual's right of inspection, and security.
(2) An audit of a user agency's activity logs must examine an agency's activity tracking mechanisms. Dissemination logs, site access logs, computer terminal records, and record correction logs for criminal history record information will be examined. The auditor must review logging procedures and interview personnel who handle or process records.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 3 - CRIMINAL INFORMATION AND COMMUNICATION › Subarticle I - COMPUTERIZED CRIMINAL HISTORY › Section 73-28 - Audit Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
SLED/CJICS will institute audit procedures to ensure that criminal history record information is accurate. SLED/CJICS has the right to suspend services to any user agency which knowingly and willfully violates any federal or state law or regulation pertaining to the use, collection, storage, or dissemination of criminal history record information.
A. Field audits of user agencies will be performed by personnel designated by the Agent in Charge of SLED/CJICS. The Agent in Charge of SLED/CJICS will act as liaison between user agencies and auditors, and will review the findings of audits to determine what assistance, remedies, or other action may be required, or whether a user agency may be re-audited after a period sufficient to correct any deficiencies which may have been discovered. Auditors will perform audits in accordance with a schedule approved by the Agent in Charge of SLED/CJICS, and will regularly report their findings and recommendations. In addition to auditing user agencies for compliance with the contents of this chapter and State statutes, the auditors will review the agencies' compliance with all Federal Bureau of Investigation/National Crime Information Center regulations, and federal regulations and statutes governing criminal justice information and communications.
B. Field audits will have two basic components:
(1) A procedural audit will examine the procedures which are necessary for compliance with State and federal statutes and regulations. Auditors will inspect written procedures and manuals, and will interview personnel to evaluate methods of compliance as well as levels of understanding. Sites will be examined to determine levels of access restraint and security. The audit will include, but not be limited to, reviews of record and disposition reporting procedures, dissemination procedures, individual's right of inspection, and security.
(2) An audit of a user agency's activity logs will examine an agency's activity tracking mechanisms. Dissemination logs and record correction logs for criminal history record information will be examined, as well as site access logs and computer terminal records. The auditor will review logging procedures as well as interview personnel who handle or process records.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 3 - CRIMINAL INFORMATION AND COMMUNICATION › Subarticle II - UNIFORM CRIME REPORTING › Section 73-30 - Uniform Crime Reporting

Current through Register Vol. 48, No. 6, June 28, 2024
A. Every law enforcement agency must send SLED a copy of each report made by any officer during the performance of his duties in responding to reported criminal violations within the jurisdiction of that agency. Reports must be sent to SLED regardless of the degree of seriousness of the reported criminal activity.
B. The reports must be recorded on standard forms approved by SLED, commonly referred to as incident reports.
C. Reports must include, to the maximum extent possible, details of all offenses investigated by officers, whether actual or unfounded, to include follow-up investigations, reports of property recovered, changes in the status of any case, and other similar comments. Sworn statements of witnesses need not be sent to SLED; however, information gathered from such statements should be transmitted to SLED if it changes or clarifies the status or classification of a prior report.
D. Every law enforcement agency must send SLED a copy of each arrest document made by any officer, jailor, or other official. Departments must record the personal descriptive data and criminal charges of each person who is placed under lawful arrest, regardless of whether that person is incarcerated, released on bail, or otherwise disposed of. Arrest documents must be completed on all persons placed under lawful arrest regardless of whether the case is ultimately prosecuted. Arrest documents must be completed on each person placed under lawful arrest regardless of the degree of seriousness of the offense committed.
E. Arrest documents must be of a standard type approved by SLED, commonly referred to as booking reports.
F. All copies of incident reports and booking reports must be forwarded to SLED on a regular and timely basis, but not less often than once weekly. Incident and booking reports made by any agency during any month must arrive at SLED no later than the fifth day of the following month.
G. SLED responsibilities include processing, analyzing, coding, and compiling all incident and booking reports received and making available to law enforcement and other governmental agencies whatever information is gathered from the reports within the limits of the reporting program. SLED is not prohibited from assigning any of these responsibilities to contributing or other agencies if deemed qualified by SLED procedures.
H. SLED responsibilities also include the proper classification and counting of all incident and booking reports. Classification and counting procedures must correspond insofar as is feasible to those generally accepted nationwide in all uniform crime reporting programs. These procedures are defined by the International Association of Chiefs of Police Committee on Uniform Crime Reports, the Uniform Crime Reports Division of the Federal Bureau of Investigation and the Uniform Crime Reports Section of SLED.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 5 - UNLAWFUL WEAPONS › Section 73-60 - Concealed Weapons Permits Issued by the State Law Enforcement Division

Current through Register Vol. 48, No. 6, June 28, 2024
1. At the discretion of the Chief, the Division may accept military training or a letter from a bona fide law enforcement officer as to the applicants proficiency in the use of handguns.
2. The permit shall remain the property of the Division. Upon expiration or revocation of permit such permit shall be returned to the Division within five (5) days.
3. The fee for the permit is non-refundable.
4. Any permit issued by the Division shall require the weapon to be carried concealed and under such other conditions as may be stated on the permit.
5. If the required bond is cancelled such permit shall become invalid until such time as a new bond is received by the Division.
6.
(a) The Division may, after a hearing before the Chief of the Division, suspend or permanently revoke any permit issued under Article 1 of Chapter 23 of Title 16 or Article 3 of Chapter 31 of Title 23 of the 1976 Code if he determines that holder of such permit has violated Section 7(c) or any of these rules and regulations.
(b) Pending the hearing provided for in Section 7(a), the Division may suspend any permit issued under Article 1 of Chapter 23 of Title 16 or Article 3 of Chapter 31 of Title 23 of the 1976 Code when it has good reason to believe that grounds for revocation exist. Such suspension or revocation shall be in writing, signed by the Chief of the Division stating the grounds for which the revocation is based.
(c) The ground for revocation shall be abuse of this privilege or any arrest and conviction of the permit holder for any crime for which a penalty of imprisonment for more than one year may be imposed. The term conviction shall include a plea of guilty, nolo contendere or forfeiture of bail.
(d) Any person found to be using such permit for reasons other than stated on his application or permit shall have such permit revoked.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 5 - UNLAWFUL WEAPONS › Section 73-61 - State DNA Database

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definitions.
(1) Sample. The term "sample" is defined as a specimen from the human body from which DNA may be obtained and which meets SLED specifications as defined in the SLED DNA Database Operating Policies and Procedures.
(2) Subject. The term "subject" is defined as an individual from whom the sample is being obtained.
(3) Jurisdictional agency. The term "jurisdictional agency" is defined as an agency of the State or its political subdivisions having jurisdiction over a subject.
(4) Database collection kit. The term "database collection kit" is defined as a sample collection kit containing at a minimum, instructions, sample container, database collection card and appropriate safety procedures as described in the SLED DNA Database Operating Policies and Procedures.
(5) DNA Testing/Typing. The term "DNA testing/typing" is defined as the procedure(s) used to develop a DNA profile from the sample collected from the subject. The words testing and typing are, for these purposes, interchangeable.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES › Section 73-71 - General Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
A. The requirements of this article shall apply to all law enforcement officers, law enforcement employees, law enforcement agencies, and Forensic Laboratories.
B. Only those portions of the requirements of this article dealing with the safety, record keeping, and storage of controlled substance evidence shall apply to Clerks of Court.
C. No requirement of this article shall apply to licensed physicians, nurses, pharmacists or health care professionals who lawfully handle, transport, store, or dispense controlled substance(s) in the course of their employment.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES › Section 73-72 - Recordkeeping

Current through Register Vol. 48, No. 6, June 28, 2024
A. Law enforcement officers, law enforcement employees, law enforcement agencies, Forensic Laboratories, and Clerks of Court shall create and maintain written records as required elsewhere in this article.
B. All written records required by this article must be retained for a period of not less than five years but may be retained longer if needed for legal or administrative purposes.
C. Records created and maintained by a law enforcement agency on secure electronic information management systems may be substituted for any written record required in this article except for:
(1) Certificate of Proof of Chain of Physical Custody or Control (Initial Custody)
(2) Certificate(s) of Proof of Chain of Physical Custody or Control (Subsequent Custody)
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES › Section 73-73 - Safety and Security

Current through Register Vol. 48, No. 6, June 28, 2024
A. Controlled substance evidence must at all times be handled with caution since it may represent a threat both to the health and safety of those persons handling the evidence and to the environment.
B. All persons regulated by this article shall treat as contaminated any controlled substance(s) or paraphernalia which are or were:
(1) in contact with blood or other body fluids which may contain bloodborne pathogens;
(2) recovered from a body cavity;
(3) seized from a person manifesting symptoms of a communicable disease;
(4) seized from any location which may be contaminated by chemical or biological agents such as toilets and sewers.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES › Section 73-80 - Duties of the Seizing Officer

Current through Register Vol. 48, No. 6, June 28, 2024
A. The seizing officer shall create or shall cause to be created at his or her employing law enforcement agency a written record of any controlled substance(s) or suspected controlled substance(s) or paraphernalia that shall come into his or her possession.
B. The written record of seized controlled substance(s) shall be created as soon as is practical after seizure but not more than 72 hours thereafter unless:
(1) the seizing officer becomes physically incapacitated;
(2) creation of the written record would jeopardize a criminal investigation;
(3) the seizing officer receives permission from his or her superior to delay creation of the written record.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES › Section 73-90 - Duties of Evidence Custodians

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any law enforcement officer or law enforcement employee who receives suspected controlled substance evidence or paraphernalia from another law enforcement officer or law enforcement employee must maintain the record of the chain of custody.
B. Evidence custodians must neither alter the controlled substance evidence themselves nor allow others to alter the evidence except as may be reasonably necessary for a Forensic Laboratory analysis or field test. Any alteration of the controlled substance(s) must be documented in writing and the record of alteration must be kept with the chain of custody.
C. All evidence custodians shall create or cause to be created a written record concerning the controlled substance evidence within their custody containing at least the following:
(1) The name of the evidence custodian
(2) The name of the law enforcement agency employing the evidence custodian
(3) The capacity of employment of the evidence custodian
(4) The date when the controlled substance evidence was received
(5) How the controlled substance evidence was received (by mail, in person)
(6) From whom the controlled substance evidence was received
(7) The name of the agency employing the law enforcement officer or law enforcement employee from whom the controlled substance(s) was received
(8) The name of the original seizing officer
(9) The description of the controlled substance(s) or container(s) alleged to contain a controlled substance, using sufficient particularity to distinguish it.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES › Section 73-100 - Use of Best Evidence Sample Testing (BEST)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The BEST EVIDENCE SAMPLE TESTING (BEST) protocol is a system of drug evidence handling offered by the South Carolina Law Enforcement Division (SLED). SLED supplies at no cost to law enforcement agencies in South Carolina, pre-packaged kits consisting of at least the following:
(1) a control-numbered outer envelope with directions printed thereon which contains all the materials listed in 2 through 5 below;
(2) a control-numbered, tamper-evident, blue-trimmed plastic SLED Drug Analysis Security Envelope;
(3) a SLED Drug Analysis Request Form, a multi-part paper form;
(4) one--Certificate of Proof of Chain of Physical Custody or Control (Initial Custody);
(5) three--Certificate of Proof of Chain of Physical Custody or Control (Subsequent Custody).
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES › Section 73-110 - Duties of Criminalists

Current through Register Vol. 48, No. 6, June 28, 2024
A. The criminalist shall safeguard or cause to be safeguarded all Initial Custody and Subsequent Change of Custody Forms which accompany the controlled substance evidence submitted for scientific analysis. These Forms shall be made available upon request to the Solicitor.
B. The examining criminalist shall carefully examine all sealed SLED Drug Evidence Security Envelopes which are transmitted to the Forensic Laboratory. The criminalist shall note any damage, imperfection, or indication of tampering evident on the SLED Drug Evidence Security Envelope.
C. Criminalists shall open the SLED Drug Evidence Security Envelope only by cutting the bottom of the envelope and shall place an identifying mark on each envelope.
D. The criminalist shall take possession of suspected controlled substance evidence and cause such evidence to be accurately described, weighed, and/or counted and an inventory thereof prepared.
E. The criminalist shall perform physical and/or chemical testing on the controlled substance evidence to determine qualitatively either the indication of or the confirmation of controlled substance(s).
F. After the conclusion of all Forensic Laboratory analyses, the criminalist shall re-package, re-seal, and mark the remaining controlled substance evidence in a manner such that surreptitious tampering with or alteration of the controlled substance evidence can be detected.
G. After the conclusion of Forensic Laboratory analysis and re-packaging, the criminalist shall return or cause to be returned to the submitting law enforcement agency all remaining controlled substance evidence.
H. If controlled substance(s) were transmitted to the Forensic Laboratory in a SLED Drug Evidence Security Envelope, criminalists shall return or cause to be returned the SLED Drug Evidence Security Envelope together with the controlled substance(s) that were received therein.
I. At any time before or after the conclusion of Forensic Laboratory analysis, upon receipt of a written authorization signed by the chief law enforcement official of the seizing agency or his or her designee, the criminalist shall destroy or cause to be destroyed the controlled substance evidence in a manner prescribed elsewhere in this article. The written authorization for destruction must set forth:
(1) The defendant's name or names
(2) The date of seizure
(3) The ORI number of the seizing agency
(4) The seizing agency case number
(5) A description of the controlled substance evidence to be destroyed
(6) A statement that the controlled substance evidence is not needed for prosecution and may be destroyed
(7) Signature of chief law enforcement officer or designee
(8) Legibly printed or typewritten name of chief law enforcement officer or designee
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES › Section 73-120 - Controlled Substance Evidence Forensic Testing Methods and Results

Current through Register Vol. 48, No. 6, June 28, 2024
A. Forensic Testing Methods or protocols can yield results which either indicate the presence of a controlled substance or confirm the presence of a controlled substance.
B. When an indicative test is performed, a result of controlled substance(s) indicated means that the presence of a controlled substance is suggested and highly probable but not absolutely proven. An indicated result is ordinarily sufficient to support probable cause.
C. When a confirmatory test is performed, a result of controlled substance confirmed means that the presence of a controlled substance is certain. A confirmatory result is ordinarily sufficient for the proof of the matter.
D. Nothing in this article shall apply to the toxicological examination and testing of body fluids and tissues for the presence of alcohol or controlled substances and their metabolites.
E. Nothing in this article shall apply to breath alcohol analysis.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES › Section 73-130 - Storage of Controlled Substance Evidence

Current through Register Vol. 48, No. 6, June 28, 2024
A. Controlled substance evidence must be stored in a secure repository.
B. The secure repository must be accessible only by a limited number of authorized persons.
C. Inventory control procedures must be employed so that a proper accounting can be provided for all items of controlled substance evidence that are stored within the secure repository.
D. All controlled evidence stored in the secure repository shall be securely packaged so that individual items of controlled substance evidence from one case do not become mixed with or contaminated by evidence from any other case.
E. The exterior of each large outer package of controlled substance evidence shall be plainly and legibly marked with unique identification such as the law enforcement agency case number, defendant's name, Forensic Laboratory case number, or any other unique identifier.
F. The use of drop boxes is permitted.
G. If a drop box is used, the chain of custody record must indicate its use.
H. If a drop box is used, only properly marked sealed packages of controlled substance evidence may be placed in the drop box; no loose controlled substances may be placed therein.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES › Section 73-140 - Preparation of Controlled Substance Evidence for Destruction

Current through Register Vol. 48, No. 6, June 28, 2024
A. If controlled substance evidence becomes an exhibit at trial, it shall be handled as ordered by the South Carolina Supreme Court or the Trial Court.
B. At the conclusion of trial, a complete accounting must be made of all exhibits of controlled substance evidence and paraphernalia and only the controlled substance exhibits and paraphernalia shall be placed into a sealed secure container. Money, firearms, and other evidence must not be sealed in the same secure container with the controlled substance exhibits.
C. Unless ordered to the contrary by the Court, all controlled substance evidence and paraphernalia shall be returned to the seizing officer or to the authorized representative of the seizing officer's law enforcement agency after the conclusion of the trial or plea. The clerk of court shall prepare a transfer document which shall contain at least the following information:
(1) The court case number
(2) The court case caption (State v. defendant's name)
(3) A description of the controlled substance evidence and paraphernalia being returned to the law enforcement agency representative or seizing officer.
(4) Printed name and signature of the Clerk of Court or clerk's staff member relinquishing the controlled substance evidence and paraphernalia.
(5) Printed name and signature of the law enforcement officer or law enforcement employee receiving the controlled substance evidence and paraphernalia.
After the above-described Transfer Document is signed by both parties, the controlled substance evidence and paraphernalia shall be turned over to the law enforcement officer or employee for transportation, storage or destruction. The Clerk of Court shall maintain a copy of the Transfer Document in the case file or with any other exhibits retained by the court in relation to that case.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES › Section 73-150 - Destruction of Controlled Substance Evidence

Current through Register Vol. 48, No. 6, June 28, 2024
A. Controlled substance evidence and paraphernalia may be destroyed in any lawful manner which renders it unsuitable for use or abuse thereafter.
B. Controlled substance evidence must never be destroyed by flushing into a sewage treatment system or a septic tank system.
C. All controlled substance evidence except marijuana is hazardous waste and must be destroyed by a disposal facility or incinerator approved by the South Carolina Department of Health and Environmental Control or its successors.
D. Paraphernalia which is devoid of controlled substance evidence and biohazardous contamination may be disposed of as ordinary trash.
E. Paraphernalia which is devoid of controlled substance evidence and which has been contaminated by human blood or body fluids must be disposed of as biohazardous material according to the law enforcement agency's bloodborne pathogen control plan.
F. For specific information on the proper way of destroying materials, the current Federal and State regulations and requirements for the disposal of waste and controlled substances should be consulted.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 7 - SEX OFFENDER REGISTRY › Section 73-210 - Information to be Gathered and Mandatory Reporting by the Department of Corrections, the Department of Juvenile Justice and the Department of Probation, Pardon and Parole Services

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Department of Corrections and the Department of Juvenile Justice will photograph all offenders prior to their release and will maintain these photographs on file for the life of the offender. If an offender is re-incarcerated within the Department of Corrections, the offender's Registry photograph will be updated before he or she is released.
B. The South Carolina Department of Corrections and the South Carolina Department of Juvenile Justice will, not less than five (5) days nor more than thirty (30) days prior to the release of any sex offender, notify the sheriff of the county in which the offender will reside, except that when an offender is granted parole by the South Carolina Parole Board, the Department of Corrections or the Department of Juvenile Justice will notify the appropriate sheriff as soon as either department is notified of the parole of an offender.
C. The Department of Probation, Parole and Pardon Services will fingerprint, photograph and obtain descriptive information on any offender sentenced to probation within five (5) days of the sentencing and will photograph each offender annually as long as he or she is under their jurisdiction.
D. The South Carolina Department of Probation, Parole and Pardon Services will notify the sheriff of the affected county within five (5) days of any offender being sentenced to probation by the courts.
E. Mandatory reporting by either the Department of Corrections, the Department of Juvenile Justice or the Department of Probation, Parole and Pardon Services to the county sheriff in which the offender will reside will be accomplished using the screen entitled "Enter Sex Offender Pre-registration" (EPSO), and will include in-state and out-of-state offenders under the jurisdiction of any of these agencies.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 7 - SEX OFFENDER REGISTRY › Section 73-220 - Procedures to be Utilized by Sheriffs' Offices When Registering a Convicted Sex Offender

Current through Register Vol. 48, No. 6, June 28, 2024
A. Initial Registration.
(1) A sheriff, when registering an offender, will obtain the information, at a minimum, set forth in Section 73-76 of these regulations.
(a) This information will be entered utilizing the screen entitled "Entry Registration of Sex Offender" (ERSO).
(b) This information will be transmitted to SLED by means of the CJICS computer terminal which services that sheriffs department.
(c) The information will be transmitted to SLED not later than twenty-four (24) hours after the registration of an offender.
(d) A copy of this information will be kept on file at the sheriffs department until updated at the time of the annual re-registration of the offender as set forth in Section 73-76 of these regulations.
(e) The sheriff will secure a complete set of fingerprints and will photograph the offender.
(1) When registering an offender from out-of-state, the sheriff will secure two (2) complete sets of fingerprints. One (1) set of fingerprints will be retained by the sheriff; the other set will be forwarded to SLED not later than forty-eight (48) hours after securing such information for inclusion in the statewide automated fingerprint identification system.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 7 - SEX OFFENDER REGISTRY › Section 73-230 - Confidentiality of Information Contained in the Registry

Current through Register Vol. 48, No. 6, June 28, 2024
A. Dissemination of Information.
(1) Information maintained in the Registry will be disseminated in accordance with adopted state law.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 7 - SEX OFFENDER REGISTRY › Section 73-240 - Disposition of Obsolete Data

Current through Register Vol. 48, No. 6, June 28, 2024
A. SLED will ensure that all information maintained in the Registry is as up-to-date and accurate as possible.
(1) Deceased Offender.
(a) Once it has been determined that an offender is deceased, SLED will remove that offender from active status in the Registry and notify the county sheriff, the Department of Corrections, the Department of Juvenile Justice and the Department of Probation, Parole and Pardon Services.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 7 - SEX OFFENDER REGISTRY › Section 73-250 - Status Change of Registered Offender

Current through Register Vol. 48, No. 6, June 28, 2024
A. Offender Moves to Another County.
(1) A sheriff, when notified that an offender is moving to another county in South Carolina, will place the offender on an inactive status in the Registry.
(a) This information will be entered utilizing the screen entitled "Status Change Sex Offender" (SCSO).
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 7 - SEX OFFENDER REGISTRY › Section 73-260 - Forms and Information to Be Provided by Offender

Current through Register Vol. 48, No. 6, June 28, 2024
A. Forms.
(1) Each sheriffs office is authorized to develop a unique form in order to collect information when registering a convicted sex offender, however, the information collected must, at a minimum, include the data set forth below.
(2) The use of the prescribed screens for entering and modifying information comprising the Registry and the transmission of this data to SLED, will satisfy reporting requirements by county sheriffs.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 7 - SEX OFFENDER REGISTRY › Section 73-270 - Retention of Information Collected

Current through Register Vol. 48, No. 6, June 28, 2024
A. Information collected by sheriffs office.
(1) Information collected by a sheriffs office on a convicted sex offender may be destroyed:
(a) Once an offender is placed on an inactive status and a sheriff confirms that the offender has been included in the South Carolina Registry by another sheriffs office, or the offender transfers to another state;
(b) Once an offender is deceased.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 8 - CONCEALABLE WEAPONS PERMIT › Section 73-300 - Course and Instructor Qualifications Guidelines

Current through Register Vol. 48, No. 6, June 28, 2024
The South Carolina Law Enforcement Division shall promulgate regulations containing general guidelines for courses and qualifications of instructors of applicants for concealable weapons permits.
A. Qualifications and Certification of Instructors
(1) Any person desiring to conduct training of concealable weapons permit (CWP) applicants must apply to SLED for certification as a CWP Instructor, undergo a criminal record check conducted by SLED, and must receive written notice of certification and a certification number from SLED, prior to conducting such training.
(2) The instructor candidate must submit a completed application form supplied by SLED. The form will include the information necessary to establish the instructor's qualifications and competency, including the names, locations, dates and providers of instructor training, copies of certificates documenting successful completion of instructor training and other information necessary to conduct the required criminal record checks.
(3) Instructors' certification issued pursuant to these Regulations will expire three (3) years from the date of issuance. Upon expiration of his certification, training conducted by the instructor will not be accepted as proof of training on concealable weapons permit applications. The instructor must apply to SLED, on a form prescribed by SLED, for renewal of his certification.
(4) Each certified instructor must, during the three (3) year certification period, attend at least one (1) SLED-approved concealed weapons permit instructor seminar. Attendance at the seminar must be documented in the instructor's application for renewal of certification. Failure to comply will result in denial of certification renewal.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 8 - CONCEALABLE WEAPONS PERMIT › Section 73-310 - Denial of Concealable Weapons Permit

Current through Register Vol. 48, No. 6, June 28, 2024
A. Training by a Non-certified Instructor
(1) An application for a concealable weapons permit by a person for whom training by a certified instructor is required and who received the training from an instructor failing to meet the requirements of these Regulations will be denied for failure to provide proof of training as required by law.
(2) An applicant may request reconsideration of a permit denial because of training by a non-certified instructor by submitting amended proof of training within thirty days of the denial of his application.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 8 - CONCEALABLE WEAPONS PERMIT › Section 73-320 - Training

Current through Register Vol. 48, No. 6, June 28, 2024
A. Course Content
(1) Training courses to be used as proof of training by applicants for concealable weapons permits must address, in a manner approved by SLED, all requirements of law.
(2) Each course must be conducted in strict conformity with the lesson plan submitted by the instructor of that course and approved by SLED.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 8 - CONCEALABLE WEAPONS PERMIT › Section 73-330 - Weapons Safety

Current through Register Vol. 48, No. 6, June 28, 2024
A. Inspection of Weapons
(1) The instructor will inspect each weapon used by an applicant to verify that it is in good repair and safe condition.
(2) The instructor will record and maintain in his training records the information required by law relating to the weapon(s) used by an applicant.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 8 - CONCEALABLE WEAPONS PERMIT › Section 73-340 - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
A. Violations by Instructor-Applicants or Certified Instructors
(1) A violation of any of the provisions of these regulations may result in denial, suspension or revocation of instructor certification.
(2) Falsification of any document or information submitted in accordance with these regulations or S. C. law may result in denial, suspension or revocation of instructor certification.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 9 - PRIVATE SECURITY AND PRIVATE INVESTIGATION BUSINESSES › Section 73-400 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
1. Business license means a license from SLED to operate a private investigation or private security business or entity, to solicit such business, perform or employ others to perform the activities specific to that business and to charge fees for performance of such activities.
2. Registration means the registration with SLED of a person to be employee by the licensed business to perform the specific activities of the business. Registration does not authorize the operation of a business.
3. Principal means the chief executive or other person employed and authorized to exercise day-to-day operational direction and control of the practices and employees of the entity.
4. Licensee means a person who holds a valid license to conduct a business authorized in Chapter 18, Title 40, South Carolina Code of Laws.
5. Employee means a person paid by a licensee to perform duties assigned by the licensee and under the supervision, direction and control of the licensee.
6. Manager means an employee, other than line supervisor, assigned general day-to-day operational management responsibilities to direct the affairs and employees of the employing entity.
7. Qualifying experience means experience as an employee in one or more of the following circumstances:
A. For a license to operate a private security entity: a minimum of two years of full time employment as a sworn police officer by a public law enforcement agency or as a manager of a licensed private security entity or other security program as approved by SLED.
B. For a license to operate a private investigation business: a minimum of three years of full time employment as a sworn police officer employed by a public law enforcement agency in an investigative capacity or an equivalent amount of experience, as determined by SLED, while a registered employee of licensed private investigation businesses. In its discretion, SLED may approve an equivalent period of other occupational experience that demonstrates the use of knowledge, skills, abilities, practices and techniques constructively similar to those necessary to provide, in the opinion of SLED, competent investigative services to the public.
C. For applicants for licenses to operate private investigation businesses, SLED will grant credit toward required experience, in the following amounts, to an applicant who has earned a certificate or degree from an educational institution accredited by a nationally recognized accreditation authority recognized by SLED:
Certificate for study of private investigations ..
6 months
Associates Degree ................................
6 months
Bachelor's Degree ................................
1 year
Graduate Degree ..................................
1.5 years
D. The applicant must supply information required by SLED to document employment experience.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 9 - PRIVATE SECURITY AND PRIVATE INVESTIGATION BUSINESSES › Section 73-402 - Principal; Disclosure of Identity; Private Security; Private Investigations

Current through Register Vol. 48, No. 6, June 28, 2024
The identity of each principal of an applicant or licensed entity must be fully disclosed as part of each new and renewal application on forms furnished by SLED.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 9 - PRIVATE SECURITY AND PRIVATE INVESTIGATION BUSINESSES › Section 73-403 - Principal and Employees; Character; Private Security; Private Investigations

Current through Register Vol. 48, No. 6, June 28, 2024
Principals of applicant and licensed entities must be of suitable character and background, as defined in Chapter 18, Title 40, South Carolina Code, except for experience requirements. Failure of a principal to meet and maintain such suitability constitutes cause for suspension or revocation of the business license and registration of the principal or employee.