(A) Secondary victims and third-party payees, excluding the offender's insurer, may receive restitution as determined by the court. The Department of Probation, Parole and Pardon Services shall ensure that a primary victim receives his portion of a restitution order before any of the offender's payments are credited to a secondary victim or a third party payee, or both.
(B) The department shall report to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee by the first day of the 1997 Legislative Session detailed recommendations for collection and distribution of restitution and issues relating to indigent offenders and use of civil remedies.
HISTORY: 1996 Act No. 437, Section 7; 2002 Act No. 356, Section 1, Pt IV.F, eff July 1, 2002.
Editor's Note
1996 Act No. 437, Section 8, eff January 1, 1997, provides as follows:
"Implementation of the changes in law effectuated by this act to Sections 16-3-1110, 16-3-1535, 17-25-322, 17-25-324, and 24-21-490 of the 1976 Code and the requirements thereunder or in any new provisions of law contained herein which would necessitate funding are contingent upon appropriations of sufficient funding by the General Assembly. Nothing herein shall relieve the various agencies and authorities within the offices of the respective clerks of court or judicial, correctional, and parole systems of this State from continuing to meet, enforce, and address those provisions of law related to restitution in effect prior to the enactment hereof."
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 25 - Judgment And Execution
Section 17-25-10. No person shall be punished until legally convicted.
Section 17-25-20. Punishment for felony when not specially provided.
Section 17-25-30. Sentence when no punishment is provided.
Section 17-25-45. Life sentence for person convicted for certain crimes.
Section 17-25-50. Considering closely connected offenses as one offense.
Section 17-25-65. Reduction of sentence for substantial assistance to the State; motion practice.
Section 17-25-100. Suspension of sentence in misdemeanor cases.
Section 17-25-110. Suspension of sentence shall run for period of time prescribed by judge.
Section 17-25-120. Restitution of stolen goods.
Section 17-25-137. Liability of court imposing alternative sentence.
Section 17-25-140. Definitions.
Section 17-25-160. Funds for implementing program.
Section 17-25-310. Opening and enforcement of sealed sentences upon arrest.
Section 17-25-320. Enforcement of sentence and judgment against corporations.
Section 17-25-324. Restitution to secondary victims and third-party payees; reports.
Section 17-25-330. Execution on forfeited recognizance or for fine.
Section 17-25-340. When offender may be committed to jail; privilege of insolvent debtors.
Section 17-25-350. Schedule for payment of fine by indigent; consequences of failure to comply.
Section 17-25-380. Number of copies and form of notice under Section 17-25-370.
Section 17-25-390. Acknowledgment of receipt of notice.
Section 17-25-400. Service of notice on prisoner.
Section 17-25-500. Title of act.
Section 17-25-510. Definitions.
Section 17-25-520. Notice of payment of profit from crime; notification of victims.
Section 17-25-560. Obligation to report knowledge of profit from crime.
Section 17-25-570. Action by offender to defeat purpose of article null and void.