(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 chapter, an inmate, who is not required to participate in a community supervision program pursuant to Article 6, Chapter 21, Title 24, shall be placed on reentry supervision with the department before the expiration of the inmate's release date. Inmates who have been incarcerated for a minimum of two years shall be released to reentry supervision one hundred eighty days before their release date. For an inmate whose sentence includes probation, the period of reentry supervision is reduced by the term of probation.
(C) The individual terms and conditions of reentry supervision shall be developed by the department using an evidence-based assessment of the inmate's needs and risks. An inmate placed on reentry supervision must be supervised by a probation agent of the department. The department shall promulgate regulations for the terms and conditions of reentry supervision. Until such time as regulations are promulgated, the terms and conditions shall be based on guidelines developed by the director.
(D) If the department determines that an inmate has violated a term or condition of reentry supervision sufficient to revoke the reentry supervision, a probation agent must initiate a proceeding before a department administrative hearing officer. The proceeding must be initiated pursuant to a warrant or a citation describing the violations of the reentry supervision. No inmate arrested for violation of a term or condition of reentry supervision may be released on bond; however, he shall be credited with time served as set forth in Section 24-13-40 toward his release date. If the administrative hearing officer determines the inmate has violated a term or condition of reentry supervision, the hearing officer may impose other terms or conditions set forth in the regulations or department guidelines, and may continue the inmate on reentry supervision, or the hearing officer may revoke the inmate's reentry supervision and the inmate shall be incarcerated up to one hundred eighty days, but the maximum aggregate time that the inmate shall serve on reentry supervision or for revocation of the reentry supervision shall not exceed an amount of time equal to the length of incarceration imposed by the court for the offense that the inmate was serving at the time of his initial reentry supervision. The decision of the administrative hearing officer on the reentry supervision shall be final and there shall be no appeal of his decision.
HISTORY: 2010 Act No. 273, Section 48, eff January 1, 2011.
Editor's Note
2010 Act No. 273, Section 66, provides in part:
"The provisions of Part II take effect on January 1, 2011, for offenses occurring on or after that date."
Structure South Carolina Code of Laws
Title 24 - Corrections, Jails, Probations, Paroles and Pardons
Chapter 21 - Probation, Parole And Pardon
Section 24-21-11. Removal of director or member.
Section 24-21-12. Compensation of board members.
Section 24-21-30. Meetings; parole and pardon panels.
Section 24-21-32. Reentry supervision; revocation.
Section 24-21-35. Administrative recommendations available to victim prior to parole hearing.
Section 24-21-40. Record of proceedings.
Section 24-21-50. Hearings, arguments, and appearances by counsel or individuals.
Section 24-21-55. Hearing fee.
Section 24-21-60. Cooperation of public agencies and officials; surveys.
Section 24-21-70. Records of prisoners.
Section 24-21-85. Electronic monitoring fees.
Section 24-21-87. Extradition and maintenance polygraph fees.
Section 24-21-90. Account and receipt for fee payments; deposit of funds.
Section 24-21-100. Administrative monitoring when fines outstanding; fee.
Section 24-21-110. Administrative sanctions.
Section 24-21-220. Powers and duties of director.
Section 24-21-221. Notice of hearing to consider parole; to whom required.
Section 24-21-235. Issuance of duty clothing to department employees.
Section 24-21-237. Employee meals.
Section 24-21-240. Oath of probation agents.
Section 24-21-250. Pay and expenses of probation agents.
Section 24-21-260. Probation agents' assignment locations.
Section 24-21-270. Offices for probation agents.
Section 24-21-280. Duties and powers of probation agents; authority to enforce criminal laws.
Section 24-21-290. Information received by probation agents privileged.
Section 24-21-410. Power to suspend sentence and impose probation; exceptions; search and seizure.
Section 24-21-420. Report of probation agent on offense and defendant.
Section 24-21-430. Conditions of probation.
Section 24-21-440. Period of probation.
Section 24-21-450. Arrest for violation of terms of probation; bond.
Section 24-21-460. Action of court in case of violation of terms of probation.
Section 24-21-480. Restitution Center program; distribution of offenders' salaries.
Section 24-21-490. Collection and distribution of restitution.
Section 24-21-510. Development and operation of system; basic elements.
Section 24-21-540. Community Control Centers for higher risk offenders; guidelines for placement.
Section 24-21-550. Probation terms involving fines, costs, assessments, or restitution.
Section 24-21-610. Eligibility for parole.
Section 24-21-635. Earned work credits.
Section 24-21-650. Order of parole.
Section 24-21-660. Effect of parole.
Section 24-21-670. Term of parole.
Section 24-21-680. Violation of parole.
Section 24-21-690. Release after service of full time less good conduct deduction.
Section 24-21-700. Special parole of persons needing psychiatric care.
Section 24-21-715. Parole for terminally ill, geriatric, or permanently disabled inmates.
Section 24-21-920. Clemency in other cases.
Section 24-21-930. Order of pardon.
Section 24-21-940. Definitions.
Section 24-21-950. Guidelines for determining eligibility for pardon.
Section 24-21-960. Pardon application fee; re-application after denial.
Section 24-21-970. Pardon considered in cases of terminal illness.
Section 24-21-980. Pardon obtained through fraud.
Section 24-21-990. Civil rights restored upon pardon.
Section 24-21-1000. Certificate of pardon.
Section 24-21-1100. Short title.
Section 24-21-1110. Definitions.
Section 24-21-1140. Adoption of by-laws.
Section 24-21-1160. Promulgation of rules and amendments; emergency rules.
Section 24-21-1190. Compact membership eligibility; effective date; amendments.
Section 24-21-1210. Severability.
Section 24-21-1220. Construction and application.
Section 24-21-1300. Definitions.
Section 24-21-1310. Development and operation; inmate eligibility.
Section 24-21-1320. Conditions of placement; removal.
Section 24-21-1330. Pilot project day reporting center program; termination.