(A) A person may be considered for an alcohol education program if he:
(1) is at least seventeen years of age but less than twenty-one years of age at the time of arrest;
(2) has no prior alcohol-related offenses; and
(3) has no significant history of prior delinquency or criminal activity on his record.
(B) A person may not participate in an alcohol education program more than once.
(C) A person may be considered for an alcohol education program if he is charged with a violation of the following offenses:
(1) purchase or possession of beer or wine by a person under the age of twenty-one pursuant to Section 63-19-2440;
(2) purchase or possession of alcoholic liquors by a person under the age of twenty-one pursuant to Section 63-19-2450;
(3) open container in a motor vehicle pursuant to Section 61-4-110;
(4) public disorderly conduct pursuant to Section 16-17-530;
(5) littering pursuant to Section 16-11-700;
(6) providing false information concerning age to purchase beer or wine pursuant to Section 61-4-60;
(7) unlawful purchase of beer or wine for a person who cannot legally buy for consumption on the premises pursuant to Section 61-4-80;
(8) transfer of beer or wine for underage person's consumption pursuant to Section 61-4-90;
(9) transfer of alcoholic liquors for underage person's consumption pursuant to Section 61-6-4070;
(10) possession of an altered driver's license or other false documentation pursuant to Section 56-1-515; and
(11) another offense similar in nature and severity to the above-described offenses, as determined by the circuit solicitor. However, the provisions of this item may not be construed to include an offense enumerated in Section 56-5-2930 or Section 56-5-2933.
(D) A person's participation in an alcohol education program does not prevent his participation in a pretrial intervention program pursuant to the provisions and conditions of Article 1.
HISTORY: 2007 Act No. 35, Section 2, eff June 6, 2007.
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.