As used in this chapter:
(1) "Administrative monitoring" means a form of monitoring by the department beyond the end of the term of supervision in which the only remaining condition of supervision not completed is the payment of financial obligations. Under administrative monitoring, the only condition of the monitoring shall be the requirement that reasonable progress be made toward the payment of financial obligations. The payment of monitoring mandated fees shall continue. When an offender is placed on administrative monitoring, the offender shall register with the department's representative in the offender's county, notify the department of the offender's current address each quarter, and make payments on financial obligations owed, until the financial obligations are paid in full or a consent order of judgment is filed. Written notice of petitions for civil contempt as set forth in Section 24-21-100, scheduled hearings or proceedings, or any other event or modification associated with administrative monitoring must be given by the department by depositing the notice in the United States mail with postage prepaid addressed to the person at the address contained in the records of the department. The giving of notice by mail is complete ten days after the deposit of the notice. A certificate by the director of the department or the director's designee that the notice has been sent as required in this section is presumptive proof that the requirements as to notice of petitions for civil contempt as set forth in Section 24-21-100, scheduled hearings or proceedings, or any other event or modification associated with administrative monitoring have been met even if the notice has not been received by the offender. If an offender fails to appear for the civil contempt proceeding, the court may issue a bench warrant for the offender's arrest for failure to appear, or the court may proceed in the offender's absence and issue a bench warrant along with an order imposing a term of confinement as set forth in Section 24-21-100.
(2) "Criminal risk factors" mean characteristics and behaviors that, when addressed or changed, affect a person's risk for committing crimes. The characteristics may include, but not be limited to, the following risk and criminogenic need factors: antisocial behavior patterns; criminal personality; antisocial attitudes, values, and beliefs; poor impulse control; criminal thinking; substance abuse; criminal associates; dysfunctional family or marital relationships; or low levels of employment or education.
(3) "Department" means the Department of Probation, Parole and Pardon Services.
(4) "Evidence-based practices" mean supervision policies, procedures, and practices that scientific research demonstrates reduce recidivism among individuals on probation, parole, or post-correctional supervision.
(5) "Financial obligations" mean fines, fees, and restitution either ordered by the court or statutorily imposed.
(6) "Hearing officer" means an employee of the department who conducts preliminary hearings to determine probable cause on alleged violations committed by an individual under the supervision of the department and as otherwise provided by law. This includes, but is not limited to, violations concerning probation, parole, and community supervision. The hearing officer also conducts preliminary hearings and final revocation hearings for supervised furlough, youthful offender conditional release cases, and such other hearings as required by law.
HISTORY: 2010 Act No. 273, Section 45, eff January 1, 2011; 2016 Act No. 154 (H.3545), Section 5, eff April 21, 2016.
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."
Effect of Amendment
2016 Act No. 154, Section 5, in (1), added the text beginning with "Written notice of petitions for civil contempt" and made gender neutral changes.
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.