(A) A person must not be considered for intervention if:
(1) he previously has been accepted into an intervention program; or
(2) the person is charged with:
(a) blackmail;
(b) driving under the influence or driving with an unlawful alcohol concentration;
(c) a traffic-related offense which is punishable only by fine or loss of points;
(d) a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1120;
(e) a crime of violence as defined in Section 16-1-60; or
(f) an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.
(B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge.
HISTORY: 1980 Act No. 360, Section 6; 1982 Act No. 421, Section 1; 1985 Act No. 106, Section 1; 1992 Act No. 453, Section 3; 1992 Act No. 499, Section 3; 2003 Act No. 92, Section 4, eff January 1, 2004; 2008 Act No. 201, Section 17, eff at 12:00 p.m. on February 10, 2009.
Code Commissioner's Note
In 2014, at the direction of the Code Commissioner, in subsection (A)(2)(d), the reference to Section 50-9-1020 was changed to Section 50-9-1120, to correct a typographical error.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 22 - Intervention Programs
Section 17-22-10. Short title.
Section 17-22-20. Definitions.
Section 17-22-40. Pretrial intervention coordinator; staff; funding.
Section 17-22-50. Persons not to be considered for intervention.
Section 17-22-60. Standards of eligibility for intervention program.
Section 17-22-70. Information which may be required by solicitor.
Section 17-22-80. Recommendations of victim and law enforcement agency.
Section 17-22-90. Agreements required of offender in program.
Section 17-22-100. Time for application to intervention program.
Section 17-22-110. Fees for application and participation; waiver.
Section 17-22-130. Reports and identification as to offenders accepted for intervention program.
Section 17-22-140. Restitution to victim.
Section 17-22-150. Disposition of charges against offenders accepted for intervention program.
Section 17-22-300. Citation of article.
Section 17-22-320. Eligibility.
Section 17-22-340. Office of Traffic Education Program Coordinator.
Section 17-22-350. Fees; waiver; distribution of fee proceeds.
Section 17-22-360. Annual report.
Section 17-22-500. Citation of article.
Section 17-22-520. Eligibility requirements for consideration for program.
Section 17-22-530. Disposition of alcohol-related offense on completion of program.
Section 17-22-540. Office of Alcohol Education Program Coordinator.
Section 17-22-550. Fees; waiver.
Section 17-22-910. Applications for expungement; administration.
Section 17-22-920. Direction of expungement process inquiries to county solicitor's office.
Section 17-22-930. Obtaining and mandatory use of expungement form.
Section 17-22-960. Expungement; employer immunity.