Title 24, Corrections, Jails, Probations, Paroles and Pardons

(A) In response to a violation of the terms and conditions of any supervision program operated by the department, whether pursuant to statute or contract with another state agency, the probation agent may, with the concurrence of his supervisor and, as an alternative to issuing a…

This article may be cited as the "Interstate Compact for Adult Offender Supervision".

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 com…

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…

(A) The compacting states hereby create the " Interstate Commission for Adult Offender Supervision". The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties co…

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 comp…

(A) The Interstate Commission, by a majority of the members, within twelve months of the first Interstate Commission meeting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact including, but not limited to: (1) es…

(A) The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact. (B) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the Interstate Commis…

(A) The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states. (B) Rul…

(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 …

(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 t…

(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…

The members of the board shall draw no salaries, but each member shall be entitled to such per diem as may be authorized by law for boards, commissions, and committees, plus actual and necessary expenses incurred pursuant to the discharge of official duties.

(A)(1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact by enacting a statute specifically repealing the statute which enacted the compact into law. (2) The…

(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 purpo…

(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 Intersta…

(A) It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following: (1) the supervising of offenders on probation, parole, community supervision, and other offenders released from incarce…

(A) The Department of Probation, Parole and Pardon Services may develop and operate day reporting centers within the State. (B) "Day reporting center" means a state facility providing supervision of inmates or offenders placed on supervision, which includes, but is not limited to…

(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 …

(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 emp…

The pilot project day reporting center program terminates twelve months from its opening, unless extended by the General Assembly.

The director is vested with the exclusive management and control of the department and is responsible for the management of the department and for the proper care, assessment, treatment, supervision, and management of offenders under its control. The director shall manage and con…

The director must give a thirty-day written notice of any board hearing during which the board will consider parole for a prisoner to the following persons: (1) any victim of the crime who suffered damage to his person as a result thereof or if such victim is deceased, to members…

(A) The director must employ probation agents required for service in the State and clerical assistants as necessary. The probation agents must take and pass psychological and qualifying examinations as directed by the director. The director must ensure that each probation agent …

The Department of Probation, Parole and Pardon Services is authorized to issue duty clothing for the use of department employees.

Meals may be provided to employees of the department who are not permitted to leave duty stations and are required to work during deployments, actual emergencies, emergency simulation exercises, and when the Governor declares a state of emergency.

Each person appointed as a probation agent must take an oath of office as required of state officers which must be noted of record by the clerk of court.

The probation agents must be paid salaries, to be fixed by the department, payable semimonthly, and also be paid traveling and other necessary expenses incurred in the performance of their official duties when the expense accounts have been authorized and approved by the director…

Probation agents appointed under Section 24-21-230 must be assigned to serve in courts or districts or other places the director may determine.

The governing body of each county in which a probation agent serves shall provide, in or near the courthouse, suitable office space for such agent.

(A) A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions o…

All information and data obtained in the discharge of his official duty by a probation agent is privileged information, is not receivable as evidence in a court, and may not be disclosed directly or indirectly to anyone other than the judge or others entitled under this chapter t…

(A) A person who commits a "no parole offense" as defined in Section 24-13-100 on or after the effective date of this section is not eligible for parole consideration, but must complete a community supervision program as set forth in Section 24-21-560 prior to discharge from the …

At any time during a period of supervision, a probation agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or a person released or furloughed under the Offender Management…

(A) For purposes of this section, "release date" means the date determined by the South Carolina Department of Corrections on which an inmate is released from prison, based on the inmate's sentence and all earned credits allowed by law. (B) Notwithstanding the provisions of this …

The Department of Probation, Parole and Pardon Services Board shall make its administrative recommendations available to a victim of a crime before it conducts a parole hearing for the perpetrator of the crime.

The Board shall keep a complete record of all its proceedings and hold it subject to the order of the Governor or the General Assembly.

After conviction or plea for any offense, except a crime punishable by death or life imprisonment, the judge of a court of record with criminal jurisdiction at the time of sentence may suspend the imposition or the execution of a sentence and place the defendant on probation or m…

When directed by the court, the probation agent must fully investigate and report to the court in writing the circumstances of the offense and the criminal record, social history, and present condition of the defendant including, whenever practicable, the findings of a physical a…

The court may impose by order duly entered and may at any time modify the conditions of probation and may include among them any of the following or any other condition not prohibited in this section; however, the conditions imposed must include the requirement that the probation…

The period of probation or suspension of sentence shall not exceed a period of five years and shall be determined by the judge of the court and may be continued or extended within the above limit.

At any time during the period of probation or suspension of sentence the court, or the court within the venue of which the violation occurs, or the probation agent may issue or cause the issuing of a warrant and cause the defendant to be arrested for violating any of the conditio…

Upon such arrest the court, or the court within the venue of which the violation occurs, shall cause the defendant to be brought before it and may revoke the probation or suspension of sentence and shall proceed to deal with the case as if there had been no probation or suspensio…

The judge may suspend a sentence for a defendant convicted of a nonviolent offense, as defined in Section 16-1-70, for which imprisonment of more than ninety days may be imposed, or as a revocation of probation, and may place the offender in a restitution center as a condition of…

In order for the department to establish and maintain restitution centers, the director may: (1) develop policies and procedures for the operation of restitution centers; (2) fund other management options advantageous to the State including, but not limited to, contracting with p…

(A) The Department of Probation, Parole and Pardon Services shall collect and distribute restitution on a monthly basis from all offenders under probationary and intensive probationary supervision. (B) Notwithstanding Section 14-17-725, the department shall assess a collection fe…