(A) If a person is convicted of wilfully violating a term or condition of active electronic monitoring pursuant to Section 23-3-540(M), the court may impose other terms and conditions considered appropriate and may continue the person on active electronic monitoring, or the court may revoke the active electronic monitoring and impose a sentence of up to ten years for the violation. A person who is incarcerated for a revocation is eligible to earn work credits, education credits, good conduct credits, and other credits which would reduce the sentence for the violation to the same extent he would have been eligible to earn credits on a sentence of incarceration for the underlying conviction. A person who is incarcerated for a revocation pursuant to the provisions of this subsection is not eligible for parole.
(B) If a person's electronic monitoring is revoked by the court and the court imposes a period of incarceration for the revocation, the person must be placed back on active electronic monitoring when the person is released from incarceration.
(C) A person may be sentenced for successive revocations, with each revocation subject to a ten-year sentence. The maximum aggregate amount of time the person may be required to serve when sentenced for successive revocations may not exceed the period of time the person is required to remain on the sex offender registry.
HISTORY: 2006 Act No. 346, Section 4, eff July 1, 2006.
Editor's Note
2006 Act No. 346, Section 9, provides as follows:
"This act takes effect on July 1, 2006, except that the provisions of Section 3 [amending this section] regarding the requirements of active electronic monitoring of certain offenders by the Department of Probation, Parole and Pardon Services does not take effect until the General Assembly funds the department to the extent necessary to implement those provisions."
Structure South Carolina Code of Laws
Title 23 - Law Enforcement and Public Safety
Chapter 3 - South Carolina Law Enforcement Division
Section 23-3-10. Creation, chief and personnel of South Carolina Law Enforcement Division.
Section 23-3-20. Bond and oath of chief and agents; reappointment.
Section 23-3-25. Assignment of personnel; divisions.
Section 23-3-30. Supervision of security personnel employed by State.
Section 23-3-40. Recordation and classification of fingerprints taken in criminal investigations.
Section 23-3-50. Revenue from certain fees and licenses to be remitted to State Treasurer.
Section 23-3-55. Expenditure of revenue.
Section 23-3-80. Repealed by 2011 Act No. 69, Section 16, eff January 1, 2012.
Section 23-3-85. Confidential communications.
Section 23-3-110. Creation and functions of statewide criminal information and communication system.
Section 23-3-115. Fees for criminal record searches; charitable organizations; school districts.
Section 23-3-140. Effect of Article on disclosure of information.
Section 23-3-150. Grants and appropriations; contracts with public agencies.
Section 23-3-200. Creation of Center; use of FBI file.
Section 23-3-210. Definitions.
Section 23-3-220. Chief of State Law Enforcement Division, generally; employees.
Section 23-3-230. Promulgation of regulations.
Section 23-3-240. Submission of missing person reports to Center.
Section 23-3-250. Dissemination of missing persons data by law enforcement agencies.
Section 23-3-260. Responsibilities of Center.
Section 23-3-270. Notification requirements when missing person located.
Section 23-3-280. Release of information.
Section 23-3-310. Improper release of information; penalty.
Section 23-3-320. Missing Person Task Force.
Section 23-3-330. Endangered Person Notification System.
Section 23-3-410. Registry; contents and purpose; cross-reference alias names.
Section 23-3-420. Promulgation of regulations.
Section 23-3-436. Registration of persons adjudicated delinquent.
Section 23-3-437. Removal of certain juveniles from registry.
Section 23-3-462. Termination of registration requirements.
Section 23-3-465. Residence in campus student housing.
Section 23-3-470. Failure to register or provide required notifications; penalties.
Section 23-3-475. Registering with false information; penalties.
Section 23-3-490. Public inspection of offender registry.
Section 23-3-525. Notice by real estate brokerage about obtaining sex offender registry information.
Section 23-3-530. Protocol manual for sex offender registry; contents.
Section 23-3-540. Electronic monitoring; reporting damage to or removing monitoring device; penalty.
Section 23-3-550. Assisting or harboring unregistered sex offender; penalty.
Section 23-3-600. Short title.
Section 23-3-610. State DNA Database established; purpose.
Section 23-3-615. Definitions.
Section 23-3-620. When DNA samples required.
Section 23-3-625. DNA samples of missing persons.
Section 23-3-630. Persons authorized to take DNA sample; immunity from liability.
Section 23-3-660. Expungement of DNA record; grounds for requesting.
Section 23-3-670. Cost of collection supplies for processing samples; processing fees.
Section 23-3-680. Promulgation of regulations.
Section 23-3-690. Promulgation of regulations for processes regarding samples.
Section 23-3-810. Vulnerable Adults Investigations Unit established; duties.
Section 23-3-1200. SLED electronic monitoring system; collection, storage and use of information.
Section 23-3-1400. Blue alert program established; adoption of guidelines and procedures.