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Chapter 1 - Department Of Corrections
Section 24-1-10. Construction of references to "State Penitentiary," "Penitentiary," and "Director of the Department of Corrections". - Wherever in the Code of Laws of South Carolina, 1976,...
Section 24-1-20. Declaration of policy. - It shall be the policy of this State in the...
Section 24-1-30. Department of Corrections created; functions. - There is hereby created as an administrative agency of the...
Section 24-1-40. Department to be governed by appointed director; filling of vacancies; director subject to removal. - The department shall be governed by a director appointed by...
Section 24-1-90. Director authorized to make rules and regulations. - The director shall have authority to make and promulgate rules...
Section 24-1-100. Qualifications of director of prison system. - The director shall possess qualifications and training which suit him...
Section 24-1-110. Employment and discharge of other personnel. - (A) The duty of the director shall extend to the...
Section 24-1-120. Bonds of director and other personnel. - The director shall execute a good and sufficient bond payable...
Section 24-1-130. Management and control of prison system. - The director shall be vested with the exclusive management and...
Section 24-1-140. Director empowered to make rules and regulations; separation and classification of prisoners. - The director shall have power to prescribe reasonable rules and...
Section 24-1-145. Transfer or exchange of foreign convicted offenders. - Notwithstanding any other provisions of law, when any treaty between...
Section 24-1-150. Annual inventory and report of prison system property; statement of fiscal affairs of system. - Annually the director shall cause a full and complete inventory...
Section 24-1-160. Periodic reports from departments, officers and employees. - The director shall have power to require all necessary reports...
Section 24-1-170. Financial records. - The director shall keep, or cause to be kept, correct...
Section 24-1-210. Department to prosecute violations relating to treatment of convicts. - The department shall prosecute all violations of the law in...
Section 24-1-220. Suits to be brought in name of director. - All actions or suits at law accruing to the department...
Section 24-1-230. Director may purchase or condemn lands for constructing building or sewer or water line. - The Department of Corrections may purchase or condemn lands for...
Section 24-1-250. Sale of timber and horticultural products; utilization of funds. - (A) The Department of Corrections is hereby authorized to sell...
Section 24-1-252. Retention and use of proceeds from sale of surplus products produced by farm program. - Notwithstanding another provision of law, the Department of Corrections shall...
Section 24-1-260. Use of fees collected in clinical pastoral training program. - The Department of Corrections is hereby authorized to retain all...
Section 24-1-270. Trespass or loitering on or refusal to leave State correctional properties prohibited. - (A) As used in this section, the term 'state correctional...
Section 24-1-280. Employees of Department of Corrections, Department of Juvenile Justice, or Department of Mental Health as peace officers. - An employee of the South Carolina Department of Corrections, the...
Section 24-1-285. Organ and tissue donation program. - (A) An organ and tissue donor program is established within...
Section 24-1-290. Employment of inmates through prison industries program; development of marketing plan; certification by Department of Commerce as to unfair competitive wage disadvantage; publication of notice. - (A) The Department of Corrections, in conjunction with the Department...
Section 24-1-295. Employment of inmates for work involving exportation of products; deductions from wages. - The Director of the Department of Corrections may enter into...
Section 24-1-300. Unlawful operation of unmanned aerial vehicle near Department of Corrections facility; penalties; exclusions. - (A) Except as provided in subsection (D), a person shall...
Section 24-1-310. Designation of detention and correctional facilities as fixed-state facilities. - The Department of Corrections shall petition the Federal Aviation Administration...
Section 24-1-320. List of designated sites and unmanned aerial vehicle boundaries. - To promote harmonization and air safety, the Department of Corrections...
Chapter 3 - State Prison System
Section 24-3-20. Custody of convicted persons; designation of place of confinement; participation in work release and training program; litter removal; establishment and administration of restitution program. - (A) A person convicted of an offense against this State...
Section 24-3-27. Establishing local regional correctional facilities; useful employment of inmates; service of warrants on inmates. - (A) The governing bodies of counties or municipalities may join...
Section 24-3-30. Designation of places of confinement; exceptions; notification to Department of Corrections in advance of closing of local detention facilities. - (A) Notwithstanding any other provision of law, a person convicted...
Section 24-3-40. Disposition of wages of prisoner allowed to work at paid employment. - (A) Unless otherwise provided by law, the employer of a...
Section 24-3-45. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010. - Editor's Note Former Section 24-3-45 was entitled "Deductions from wages...
Section 24-3-50. Penalty for failure of prisoner to remain within extended limits of his confinement. - The wilful failure of a prisoner to remain within the...
Section 24-3-60. Notice to Department of Corrections of number of prisoners sentenced to state prison system. - The county clerks of court, upon the adjournment of the...
Section 24-3-70. Allowable expenses incurred in transportation of prisoners; method of payment. - No sum beyond the actual expenses incurred in transferring prisoners...
Section 24-3-80. Detention of prisoner when authorized by Governor. - The director of the prison system shall admit and detain...
Section 24-3-81. Conjugal visits not permitted. - A prisoner who is incarcerated within the state prison system...
Section 24-3-85. Sexually violent predators transferred to custody pursuant to interagency agreements. - The director of the prison system shall admit and detain...
Section 24-3-90. Prisoners sentenced by United States authorities. - The director shall receive and safely keep at hard labor,...
Section 24-3-93. Wearing of jewelry. - No prisoner within the state prison system shall be allowed...
Section 24-3-110. Manufacture of license plates and road signs. - The State Department of Corrections may purchase the machinery and...
Section 24-3-130. Use of inmate labor on State highways or other public projects. - (A) The Department of Corrections may permit the use of...
Section 24-3-131. Supervision of inmates used on public projects. - The Department of Corrections shall determine whether an agency permitted...
Section 24-3-140. Use of inmate labor on State House and Grounds. - The Director of the Department of Corrections shall, when called...
Section 24-3-150. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010. - Editor's Note Former Section 24-3-150 was entitled "Transfer of convicts...
Section 24-3-160. Costs of maintaining inmates by State institutions. - An institution of this State getting inmates from the state...
Section 24-3-170. Payments by Clemson University for use of inmates. - Clemson University shall pay to the Department of Corrections a...
Section 24-3-180. Transportation and clothes for discharged inmates. - Whenever an inmate is discharged from a state prison, the...
Section 24-3-190. Appropriation of balances for Department of Corrections. - The balance in the hands of the Department of Corrections...
Section 24-3-200. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010. - Editor's Note Former Section 24-3-200 was entitled "Transfer of prisoner...
Section 24-3-210. Furloughs for qualified inmates of State prison system. - (A) The director may extend the limits of the place...
Section 24-3-220. Inmate privileges; attending funeral service; visiting family member in the hospital; transportation; notification. - (A) Notwithstanding another provision of law, when the parent or...
Section 24-3-310. Declaration of intent. - Since the means now provided for the employment of prison...
Section 24-3-315. Determinations prerequisite to selecting prison industry project. - The Department of Corrections shall ensure that inmates participating in...
Section 24-3-320. Purchase of equipment and materials and employment of personnel for establishment and maintenance of prison industries. - The Department of Corrections may purchase, in the manner provided...
Section 24-3-330. Purchase of products produced by inmate labor by State and political subdivisions. - (A) All offices, departments, institutions, and agencies of this State...
Section 24-3-340. Circumstances warranting State's purchasing products other than those produced by convict labor. - Notwithstanding the provisions of Sections 24-3-310 to 24-3-330 and 24-3-360...
Section 24-3-350. Dry-cleaning facilities. - The State Department of Corrections may install dry-cleaning facilities at...
Section 24-3-360. Annual preparation of catalogues describing articles produced by convict labor. - The State Department of Corrections shall cause to be prepared,...
Section 24-3-370. Priority of product distribution. - The articles or products manufactured or produced by inmate labor...
Section 24-3-380. Prices of products. - The State Department of Corrections shall fix and determine the...
Section 24-3-390. Rules and regulations. - The State Department of Corrections shall have power and authority...
Section 24-3-400. Prison Industries Account. - All monies collected by the Department of Corrections from the...
Section 24-3-410. Sale of prison-made products on open market generally prohibited; penalties. - (A) It is unlawful to sell or offer for sale...
Section 24-3-420. Violations. - Any person who wilfully violates any of the provisions of...
Section 24-3-430. Inmate labor in private industry authorized; requirements and conditions. - (A) The Director of the Department of Corrections may establish...
Section 24-3-510. Death sentence and notice thereof. - Upon the conviction of any person in this State of...
Section 24-3-520. Transportation of inmate sentenced to death. - The facility manager who has custody of an inmate for...
Section 24-3-530. Death penalty; methods of execution. - (A) A person convicted of a capital crime and having...
Section 24-3-540. Death chamber; expenses incurred in transporting criminal to place of execution. - The Department of Corrections shall provide a death chamber and...
Section 24-3-550. Witnesses at execution. - (A) To carry out an execution properly, the executioner and...
Section 24-3-560. Certification of execution. - The executioner and the attending physician shall certify the fact...
Section 24-3-570. Disposition of body. - The body of the person executed must be delivered to...
Section 24-3-580. Disclosure of identity of execution team member prohibited; exception; civil cause of action; damages. - A person may not knowingly disclose the identity of a...
Section 24-3-590. Prohibition of denial of license to execution team member. - No licensing agency, board, commission, or association may file, attempt...
Section 24-3-710. Conduct in state prison system. - The director may investigate any misconduct occurring in the state...
Section 24-3-720. Enlisting aid of citizens to suppress prisoner riot, disorder or insurrection. - In order to suppress any disorders, riots, or insurrection among...
Section 24-3-730. Neglecting or refusing aid; fine. - If any person, when so required by the Director of...
Section 24-3-740. Compensation for assistance. - Any person so aiding and assisting the Director of the...
Section 24-3-750. Immunity. - If, in suppressing a disorder, riot, or insurrection, a person...
Section 24-3-760. Powers of keeper in regard to disorders in absence of Director. - In the absence of the Director of the Department of...
Section 24-3-910. Penitentiary employee aiding in escape; penalty. - It is unlawful for a person employed in keeping, taking...
Section 24-3-920. Rewards for capture of escaped inmates. - The Director of the Department of Corrections may award up...
Section 24-3-930. Guards, keepers and other employees exempt from jury, military or street duty. - All guards, keepers, officers, and other employees who are employed...
Section 24-3-940. Gambling prohibited. - Gambling is not permitted at a prison, farm, or camp...
Section 24-3-950. Contraband. - It shall be unlawful for any person to furnish or...
Section 24-3-951. Possession or use of United States currency by prisoners prohibited; exceptions; system of credits. - Effective July 1, 1995, notwithstanding Section 24-3-956 and any other...
Section 24-3-960. Moneys in unlawful possession of prisoners as contraband; use in welfare fund. - Monies or tokens or things of like nature used as...
Section 24-3-965. Certain offenses relating to contraband to be tried in magistrate's court. - Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, 24-3-950, and...
Section 24-3-970. Use of a social networking site by an inmate to contact a victim; penalty. - It is unlawful for an inmate, or a person acting...
Chapter 5 - Jails And Jailers
Section 24-5-10. Sheriff as custodian of jail; sheriff's liability for appointed jailer; receiving prisoners. - The sheriff shall have custody of the jail in his...
Section 24-5-12. Devolving certain duties concerning jails on governing body of county. - Notwithstanding the provisions of Section 24-5-10 or any other provision...
Section 24-5-20. Appointment of facility managers. - Except as otherwise provided, every sheriff in this State who...
Section 24-5-30. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010. - Editor's Note Former Section 24-5-30 was entitled "Appointment of jailer"...
Section 24-5-50. Keeping prisoners committed by coroner. - All sheriffs or governing bodies that have custody of the...
Section 24-5-60. Keeping prisoners committed by United States. - The sheriffs or governing bodies of the respective counties of...
Section 24-5-70. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010. - Editor's Note Former Section 24-5-70 was entitled "Use of United...
Section 24-5-80. Governing body to furnish certain items and services to all persons confined in jail. - The governing body of each county in this State shall...
Section 24-5-90. Discrimination in treatment of prisoners. - It is unlawful to discriminate in the treatment of prisoners...
Section 24-5-100. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010. - Editor's Note Former Section 24-5-100 was entitled "Impressing sufficient guard...
Section 24-5-110. Return to court of names of prisoners. - A facility manager shall make a return to the court...
Section 24-5-120. Facility manager's annual report on condition of jail. - A facility manager annually shall report to the governing body...
Section 24-5-130. Leaving jails unattended. - It shall be unlawful for any person charged with the...
Section 24-5-140 to 24-5-160. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010. - Editor's Note Former Section 24-5-140 was entitled "Houses of correction...
Section 24-5-170. Removal of prisoners in case of destruction of jail. - When a person is apprehended or in confinement according to...
Section 24-5-175. Unlawful operation of unmanned aerial vehicle near detention facility; penalties; exclusions. - (A) Except as provided in subsection (D), a person shall...
Section 24-5-200. Short title. - This article may be cited as the "Local Detention Facility...
Section 24-5-210. Mutual aid and assistance agreements between local detention facilities authorized. - (A) For purposes of this article, "local detention facility" means...
Section 24-5-220. Mutual aid and assistance agreements. - (A) Mutual aid and assistance agreements may include, but are...
Section 24-5-230. Construction of article. - (A) The provisions of this article shall not conflict with...
Section 24-5-300. Definitions. - For the purposes of this article: (1) "Reserve detention officer"...
Section 24-5-310. Appointment of reserve detention officers; criminal and background inquiry; oath, bond, and training requirement. - The director, in his discretion, may appoint the number of...
Section 24-5-320. Pre-service training; comprehensive test. - No reserve shall assume a detention officer function until he...
Section 24-5-330. Physical competence and capability. - Before final acceptance as a reserve, a candidate, at his...
Section 24-5-340. Additional requirements. - Additional requirements beyond those set out in this article may...
Section 24-5-350. Duties of reserve detention officer; supervision. - A reserve shall serve and function as detention officer only...
Section 24-5-360. Additional training to become full-time jailer or detention officer. - A reserve who has been in active status for at...
Section 24-5-370. Reserve identification card for former full-time detention officers. - A currently certified full-time detention officer who leaves his position...
Section 24-5-380. Uniforms and equipment; handguns. - The uniforms and equipment issued by the political entity shall...
Section 24-5-390. Workers' Compensation benefits. - Workers' compensation benefits may be provided for reserves by the...
Chapter 7 - County And Municipal Chain Gangs
Section 24-7-60. Care of persons on public work detail; expenses. - The governing body of the county shall feed and provide...
Section 24-7-70, 24-7-80. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010. - Editor's Note Former Section 24-7-70 was entitled "Cost of dieting...
Section 24-7-110. Medical services for inmates. - The governing body of each county shall provide access to...
Section 24-7-120. Maintenance of municipal inmates. - The municipal authority of any city or town which utilizes...
Section 24-7-130 to 24-7-150. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010. - Editor's Note Former Section 24-7-130 was entitled "Lease of county...
Section 24-7-155. Furnishing or possessing contraband in county, municipal, or multijurisdictional jail, prison camp, work camp, or overnight lockup facility prohibited; penalty. - It is unlawful for a person to furnish or attempt...
Chapter 9 - Jail And Prison Inspection Program
Section 24-9-10. Jail and Prison Inspection Division established in Department of Corrections; personnel. - There is hereby established a Jail and Prison Inspection Division...
Section 24-9-20. Inspection of State and local facilities housing prisoners or pretrial detainees; reports. - The division shall be responsible for inspecting, in conjunction with...
Section 24-9-30. Enforcement of minimum standards. - (A) If an inspection under this chapter discloses that a...
Section 24-9-35. Reports of deaths of incarcerated persons; penalty. - If a person dies while incarcerated or in the custody...
Section 24-9-40. Certification of compliance with design standards; notification of opening or closing of state or local prison facility. - In order to certify compliance with minimum design standards, the...
Section 24-9-50. Reports on detention facilities to the Department of Corrections; electronic reporting. - (A) Each local governmental entity responsible for a municipal, county,...
Chapter 11 - Interstate Corrections Compact
Section 24-11-10. Short title. - This chapter may be cited as the Interstate Corrections Compact....
Section 24-11-20. Compact enacted into law; form. - INTERSTATE CORRECTIONS COMPACT The Interstate Corrections Compact is hereby enacted...
Section 24-11-30. Authority and duties of Director of Department of Corrections. - The Director of the State Department of Corrections is hereby...
Chapter 13 - Prisoners Generally
Section 24-13-10. Segregation of sexes. - In all prisons and local detention facilities in the State,...
Section 24-13-20. Sheriffs' duties with respect to arrest of escaped convicts; penalty. - The sheriffs of this State under the penalty provided, in...
Section 24-13-30. Use of force to maintain internal order and discipline and to prevent escape of inmates. - A person officially charged with the safekeeping of inmates, whether...
Section 24-13-35. Treatment of female inmates; visits with minor dependents. - (A) Notwithstanding another provision of law, a person officially charged...
Section 24-13-40. Computation of time served by prisoners. - The computation of the time served by prisoners under sentences...
Section 24-13-50. Monthly reports required from municipal and county facility manager responsible for custody of convicted persons. - Every municipal and county facility manager responsible for the custody...
Section 24-13-60. Screening of offenders for possible placement on work release. - The Department of Corrections shall automatically screen all offenders committed...
Section 24-13-65. Prisoners to be provided for litter control projects. - The Department of Corrections shall provide prisoners not otherwise engaged...
Section 24-13-80. Prisoners to pay for certain costs; definitions; criteria for deductions from inmates' accounts; reimbursement to inmates; recovery from estates of inmates. - (A) As used in this section: (1) "Detention facility" means...
Section 24-13-100. Definition of no parole offense; classification. - For purposes of definition under South Carolina law, a "no...
Section 24-13-125. Eligibility for work release; limitations; forfeiture of credits. - (A) Notwithstanding any other provision of law, except in a...
Section 24-13-150. Early release, discharge, and community supervision; limitations; forfeiture of credits. - (A) Notwithstanding any other provision of law, except in a...
Section 24-13-175. Calculation of sentence imposed and time served. - Notwithstanding any other provision of law, sentences imposed and time...
Section 24-13-180. Paroled inmate rehabilitation facilities; public hearings; exemptions. - (A) Any public, private, or nonprofit entity whose primary purpose...
Section 24-13-210. Credit given inmates for good behavior. - (A) An inmate convicted of an offense against this State,...
Section 24-13-220. Time off for good behavior in cases of commuted or suspended sentences. - The provisions of Section 24-13-210 shall also apply when a...
Section 24-13-230. Reduction of sentence for productive duty assignment or participation in academic, technical, or vocational training program. - (A) The Director of the Department of Corrections may allow...
Section 24-13-235. Voluntary program. - Notwithstanding any other provision of law, the governing body of...
Section 24-13-260. Failure of officer having charge of inmate to allow deduction in time of serving sentence; penalty. - An officer having charge of an inmate who refuses to...
Section 24-13-410. Unlawful escape or possessing tools or weapons therefor; penalty. - (A) It is unlawful for a person, lawfully confined in...
Section 24-13-420. Unlawful escape; harboring or employing escaped convicts; penalty. - (A) It is unlawful for a person, lawfully confined in...
Section 24-13-425. Tampering with the operation of an electronic monitoring device; penalty. - (A) For the purposes of this section: (1) "Electronic monitoring...
Section 24-13-430. Rioting or inciting to riot; penalty. - (A) An inmate of the Department of Corrections or of...
Section 24-13-440. Carrying or concealing weapon; penalty. - It is unlawful for an inmate of a state correctional...
Section 24-13-450. Taking of hostages; penalty. - An inmate of a state correctional facility, a local detention...
Section 24-13-460. Furnishing prisoners alcoholic beverages or narcotic drugs; penalty. - It is unlawful for a person in this State to...
Section 24-13-470. Throwing of body fluids on correctional facility employees and certain others; penalty; blood borne disease testing. - (A) An inmate, a detainee, a person taken into custody,...
Section 24-13-640. Statewide uniform for prisoners assigned to work details outside of correctional facilities. - Notwithstanding any other provision of law, any state or local...
Section 24-13-650. Prohibition against release of offender into community in which he committed violent crime; exception. - (A) No offender committed to incarceration for a violent offense...
Section 24-13-660. Public service work performed by inmates. - (A) A criminal offender committed to incarceration anywhere in this...
Section 24-13-710. Implementation of supervised furlough program; search and seizure; fee; guidelines; eligibility criteria. - The Department of Corrections and the Department of Probation, Parole...
Section 24-13-720. Inmates who may be placed with program; search and seizure. - Unless sentenced to life imprisonment, an inmate under the jurisdiction...
Section 24-13-730. Implementation of new programs and program changes subject to appropriations by General Assembly. - Any new program established under Sections 14-1-210, 14-1-220, 14-1-230, 16-1-60,...
Section 24-13-910. Administration of work/punishment programs; eligible offenders. - Beginning January 1, 1988, local governing bodies may establish regulations...
Section 24-13-915. Meaning of "local detention facility". - Wherever in the Code of Laws of South Carolina, 1976,...
Section 24-13-920. Removal of inmate from program for violation of program regulations. - If the inmate participating in the work/punishment program violates the...
Section 24-13-930. Surrender of inmates' earnings; amounts deductible. - The earnings of each inmate participating in the work/punishment program,...
Section 24-13-940. Contracts for service of sentences in custody of Department of Corrections or of other local detention facilities. - The official administering the work/punishment program may contract with the...
Section 24-13-950. Standards for operation of local inmate work programs. - The Department of Corrections shall, by January 1, 1987, develop...
Section 24-13-1310. Definitions. - As used in this article: (1) "Eligible inmate" means a...
Section 24-13-1320. Regulations; reports. - (A) The director of the department, guided by consideration for...
Section 24-13-1330. Court ordered participation; department evaluation and notification of unsuitability; inmate's agreement to terms and conditions; effect of completion; participation is a privilege. - (A) A court may order that an "eligible inmate" be...
Section 24-13-1510. Short title. - This article is known and may be cited as the...
Section 24-13-1520. Definitions. - As used in this article: (1) "Department" means, in the...
Section 24-13-1530. Home detention programs as alternative to incarceration; correctional programs for which it may be substituted; local programs. - (A) Notwithstanding another provision of law which requires mandatory incarceration,...
Section 24-13-1540. Promulgation of regulations; approved absences from home. - If a department desires to implement a home detention program,...
Section 24-13-1550. Verification. - The participant shall admit a person or agent designated by...
Section 24-13-1560. Use of electronic monitoring device. - The participant shall use an approved electronic monitoring device if...
Section 24-13-1570. Approval required for change in residence or schedule; notice that violation of detention is a crime; revocation; input of victim regarding eligibility for home detention. - (A) The participant shall obtain approval from the department before...
Section 24-13-1580. Necessity of written consent to electronic home detention; other residents' knowledge. - Before entering an order for commitment for electronic home detention,...
Section 24-13-1590. Article not applicable to certain controlled substance offenders; probation and parole authority not diminished. - Nothing in this article: (1) applies to a person, regardless...
Section 24-13-1910. Centers for alcohol and drug rehabilitation established; construction and operation of, and responsibility for centers. - There is established one or more centers for alcohol and...
Section 24-13-1920. Program for alcohol and drug abuse intervention, prevention, and treatment services; funding. - The Department of Alcohol and Other Drug Abuse Services shall...
Section 24-13-1930. Placement of certain offenders in center; report of availability of bed space. - A judge may suspend a sentence for a defendant convicted...
Section 24-13-1940. Development of rules and regulations for operation of centers; funding and lease of building. - For the Department of Corrections to establish and maintain a...
Section 24-13-1950. Probation after release from center; revocation of suspended sentence; gender not grounds for ineligibility for program. - Upon release from a center for alcohol and drug rehabilitation,...
Section 24-13-2110. Preparation of inmates for employment. - To aid incarcerated individuals with reentry into their home communities...
Section 24-13-2120. Coordination of agencies. - The Department of Corrections, Probation, Parole and Pardon Services, the...
Section 24-13-2130. Memorandum of understanding to establish role of each agency. - (A) The memorandum of understanding between the South Carolina Department...
Section 24-13-2140. Coordination by Department of Corrections. - The Department of Corrections shall coordinate the efforts of the...
Chapter 19 - Correction And Treatment Of Youthful Offenders
Section 24-19-5. Short title. - This chapter may be cited as the "Judge William R....
Section 24-19-10. Definitions. - As used herein: (a) "Department" means the Department of Corrections....
Section 24-19-20. Youthful Offender Division created in Department of Corrections; staff. - There is hereby created within the Department of Corrections a...
Section 24-19-30. Duties of Division generally. - The division shall consider problems of treatment and correction; shall...
Section 24-19-40. Adoption of rules. - The division shall adopt such rules as the South Carolina...
Section 24-19-50. Powers of courts upon conviction of youthful offenders. - In the event of a conviction of a youthful offender...
Section 24-19-60. Institutions for treatment of youthful offenders. - Youthful offenders shall undergo treatment in minimum security institutions, including...
Section 24-19-70. Facilities for Division provided by Department. - Facilities for the Division are to be provided from facilities...
Section 24-19-80. Reception and evaluation centers. - The director may establish agreements with the Department of Vocational...
Section 24-19-90. Director's options upon receiving report and recommendations from Reception and Evaluation Center and members of Division. - On receipt of the report and recommendations from the Reception...
Section 24-19-100. Transfer of youthful offenders. - The director may transfer at any time a committed youthful...
Section 24-19-110. Procedure for conditional release of youthful offenders; search and seizure; fee; victim notification. - (A) The division may at any time after reasonable notice...
Section 24-19-120. Time for release of youthful offenders. - (A) A youthful offender shall be released conditionally under supervision...
Section 24-19-130. Revocation or modification of orders of Division. - The Division may revoke or modify any of its previous...
Section 24-19-140. Supervisory agents. - Committed youthful offenders permitted to remain at liberty under supervision...
Section 24-19-150. Further treatment of youthful offenders; return to custody. - If, at any time before the unconditional discharge of a...
Section 24-19-160. Courts' powers not affected; jurisdiction of Department of Probation, Parole and Pardon Services. - Nothing in this chapter limits or affects the power of...
Chapter 21 - Probation, Parole And Pardon
Section 24-21-5. Definitions. - As used in this chapter: (1) "Administrative monitoring" means a...
Section 24-21-10. Department of Probation, Parole and Pardon Services; Board of Probation, Parole and Pardon Services; board members; term; appointment; filing vacancies. - (A) The department is governed by its director. The director...
Section 24-21-11. Removal of director or member. - The director and members of the board shall be subject...
Section 24-21-12. Compensation of board members. - The members of the board shall draw no salaries, but...
Section 24-21-13. Director to oversee department; development of written policies and procedures; board's duty to consider cases for parole, etc. - (A) It is the duty of the director to oversee,...
Section 24-21-30. Meetings; parole and pardon panels. - (A) A person who commits a "no parole offense" as...
Section 24-21-32. Reentry supervision; revocation. - (A) For purposes of this section, "release date" means the...
Section 24-21-35. Administrative recommendations available to victim prior to parole hearing. - The Department of Probation, Parole and Pardon Services Board shall...
Section 24-21-40. Record of proceedings. - The Board shall keep a complete record of all its...
Section 24-21-50. Hearings, arguments, and appearances by counsel or individuals. - The board shall grant hearings and permit arguments and appearances...
Section 24-21-55. Hearing fee. - The Department of Probation, Parole and Pardon Services shall receive...
Section 24-21-60. Cooperation of public agencies and officials; surveys. - Each city, county, or state official or department shall assist...
Section 24-21-70. Records of prisoners. - The Director of the Department of Corrections, when a prisoner...
Section 24-21-80. Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service. - An adult placed on probation, parole, or community supervision shall...
Section 24-21-85. Electronic monitoring fees. - Every person placed on electronic monitoring must be assessed a...
Section 24-21-87. Extradition and maintenance polygraph fees. - (A) The department may charge offenders a fee based on...
Section 24-21-90. Account and receipt for fee payments; deposit of funds. - Each supervising agent shall keep an accurate account of the...
Section 24-21-100. Administrative monitoring when fines outstanding; fee. - (A) Notwithstanding the provisions of Section 24-19-120, 24-21-440, 24-21-560(B), or...
Section 24-21-110. Administrative sanctions. - (A) In response to a violation of the terms and...
Section 24-21-220. Powers and duties of director. - The director is vested with the exclusive management and control...
Section 24-21-221. Notice of hearing to consider parole; to whom required. - The director must give a thirty-day written notice of any...
Section 24-21-230. Employment of probation agents and other staff; employment and duties of hearing officers; offender supervision specialists. - (A) The director must employ probation agents required for service...
Section 24-21-235. Issuance of duty clothing to department employees. - The Department of Probation, Parole and Pardon Services is authorized...
Section 24-21-237. Employee meals. - Meals may be provided to employees of the department who...
Section 24-21-240. Oath of probation agents. - Each person appointed as a probation agent must take an...
Section 24-21-250. Pay and expenses of probation agents. - The probation agents must be paid salaries, to be fixed...
Section 24-21-260. Probation agents' assignment locations. - Probation agents appointed under Section 24-21-230 must be assigned to...
Section 24-21-270. Offices for probation agents. - The governing body of each county in which a probation...
Section 24-21-280. Duties and powers of probation agents; authority to enforce criminal laws. - (A) A probation agent must investigate all cases referred to...
Section 24-21-290. Information received by probation agents privileged. - All information and data obtained in the discharge of his...
Section 24-21-300. Issuance of citation to person released pursuant to Offender Management Systems Act for violation of release terms. - At any time during a period of supervision, a probation...
Section 24-21-410. Power to suspend sentence and impose probation; exceptions; search and seizure. - After conviction or plea for any offense, except a crime...
Section 24-21-420. Report of probation agent on offense and defendant. - When directed by the court, the probation agent must fully...
Section 24-21-430. Conditions of probation. - The court may impose by order duly entered and may...
Section 24-21-440. Period of probation. - The period of probation or suspension of sentence shall not...
Section 24-21-450. Arrest for violation of terms of probation; bond. - At any time during the period of probation or suspension...
Section 24-21-460. Action of court in case of violation of terms of probation. - Upon such arrest the court, or the court within the...
Section 24-21-480. Restitution Center program; distribution of offenders' salaries. - The judge may suspend a sentence for a defendant convicted...
Section 24-21-485. Authority of Department of Probation, Parole, and Pardon Services with respect to establishment and maintenance of restitution centers. - In order for the department to establish and maintain restitution...
Section 24-21-490. Collection and distribution of restitution. - (A) The Department of Probation, Parole and Pardon Services shall...
Section 24-21-510. Development and operation of system; basic elements. - The department shall develop and operate a comprehensive community control...
Section 24-21-540. Community Control Centers for higher risk offenders; guidelines for placement. - The department shall develop and operate Community Control Centers for...
Section 24-21-550. Probation terms involving fines, costs, assessments, or restitution. - A probation term ordered to end upon the payment of...
Section 24-21-560. Community supervision program; eligibility; time periods, supervision, and determination of completion; violations; revocation; notification of release to community supervision. - (A) Notwithstanding any other provision of law, except in a...
Section 24-21-610. Eligibility for parole. - In all cases cognizable under this chapter the Board may,...
Section 24-21-615. Review of case of prisoner convicted of capital offense by Parole Board restricted. - The board may not review the case of a prisoner...
Section 24-21-620. Review by Board of prisoner's case after prisoner has served one fourth of sentence. - Within the ninety-day period preceding a prisoner having served one-fourth...
Section 24-21-630. Effect of time served while awaiting trial upon determination of time required to be served for eligibility for parole. - For the purpose of determining the time required to be...
Section 24-21-635. Earned work credits. - For the purpose of determining the time required to be...
Section 24-21-640. Circumstances warranting parole; search and seizure; criteria; reports of parolees; records subject to Freedom of Information Act. - The board must carefully consider the record of the prisoner...
Section 24-21-645. Parole and provisional parole orders; search and seizure; review schedule following parole denial of prisoners confined for violent crimes. - (A) The board may issue an order authorizing the parole...
Section 24-21-650. Order of parole. - The board shall issue an order authorizing the parole which...
Section 24-21-660. Effect of parole. - Any prisoner who has been paroled is subject during the...
Section 24-21-670. Term of parole. - Any prisoner who may be paroled under authority of this...
Section 24-21-680. Violation of parole. - Upon failure of any prisoner released on parole under the...
Section 24-21-690. Release after service of full time less good conduct deduction. - Any person who shall have served the term for which...
Section 24-21-700. Special parole of persons needing psychiatric care. - Any prisoner who is otherwise eligible for parole under the...
Section 24-21-710. Film, videotape, or other electronic information may be considered by board in parole determination. - (A) Film, videotape, or other electronic information that is both...
Section 24-21-715. Parole for terminally ill, geriatric, or permanently disabled inmates. - (A) As contained in this section: (1) "Terminally ill" means...
Section 24-21-910. Petitions for reprieve or commutation of death sentence; recommendation to governor. - The Probation, Parole, and Pardon Services Board shall consider all...
Section 24-21-920. Clemency in other cases. - In all other cases than those referred to in Section...
Section 24-21-930. Order of pardon. - An order of pardon must be signed by at least...
Section 24-21-940. Definitions. - A. "Pardon" means that an individual is fully pardoned from...
Section 24-21-950. Guidelines for determining eligibility for pardon. - (A) The following guidelines must be utilized by the board...
Section 24-21-960. Pardon application fee; re-application after denial. - (A) Each pardon application must be accompanied with a pardon...
Section 24-21-970. Pardon considered in cases of terminal illness. - Consideration shall be given to any inmate afflicted with a...
Section 24-21-980. Pardon obtained through fraud. - Once delivered, a pardon cannot be revoked unless it was...
Section 24-21-990. Civil rights restored upon pardon. - A pardon shall fully restore all civil rights lost as...
Section 24-21-1000. Certificate of pardon. - For those applicants to be granted a pardon, a certificate...
Section 24-21-1100. Short title. - This article may be cited as the "Interstate Compact for...
Section 24-21-1105. Purpose. - The purpose of this compact and the Interstate Commission created...
Section 24-21-1110. Definitions. - As used in this compact, unless the context clearly requires...
Section 24-21-1120. Interstate Commission for Adult Offender Supervision; state council; creation; commissioners and noncommissioner members; quorum; meetings; Executive Committee. - (A) The compacting states hereby create the " Interstate Commission...
Section 24-21-1130. Powers. - The Interstate Commission shall have the following powers: (1) to...
Section 24-21-1140. Adoption of by-laws. - (A) The Interstate Commission, by a majority of the members,...
Section 24-21-1150. Conduct of business; voting; public access to meetings and official records; closed meetings; minutes; interstate movement of offender data collection. - (A) The Interstate Commission shall meet and take such actions...
Section 24-21-1160. Promulgation of rules and amendments; emergency rules. - (A) The Interstate Commission shall promulgate rules in order to...
Section 24-21-1170. Oversight of interstate movement of adult offenders; enforcement of compact; resolution of disputes among states; mediation. - (A) The Interstate Commission shall oversee the interstate movement of...
Section 24-21-1180. Establishment and operating costs; assessments from compacting states; accounting. - (A) The Interstate Commission shall pay or provide for the...
Section 24-21-1190. Compact membership eligibility; effective date; amendments. - (A) Any state is eligible to become a compacting state....
Section 24-21-1200. Withdrawal; termination and other penalties for performance default by compacting state; legal actions; dissolution. - (A)(1) Once effective, the compact shall continue in force and...
Section 24-21-1210. Severability. - (A) The provisions of this compact must be severable, and...
Section 24-21-1220. Construction and application. - (A)(1) Nothing in this article prevents the enforcement of another...
Section 24-21-1300. Definitions. - (A) The Department of Probation, Parole and Pardon Services may...
Section 24-21-1310. Development and operation; inmate eligibility. - (A) Notwithstanding another provision of law, the Department of Probation,...
Section 24-21-1320. Conditions of placement; removal. - (A) An eligible inmate or offender placed in a day...
Section 24-21-1330. Pilot project day reporting center program; termination. - The pilot project day reporting center program terminates twelve months...
Chapter 22 - Classification System And Adult Criminal Offender Management System
Section 24-22-10. Short title. - This chapter is known and may be cited as the...
Section 24-22-20. Definitions. - As used herein: (a) "Adult criminal offender management system" means...
Section 24-22-30. Eligibility to participate in offender management system. - To be eligible to participate in the offender management system,...
Section 24-22-40. Implementation of system; limits to issuance of certificates; Orders by Governor to enroll or cease release of prisoners. - The South Carolina Department of Probation, Parole and Pardon Services,...
Section 24-22-50. System to be in operation during all periods in which funded. - The offender management system shall be in operation during all...
Section 24-22-60. Evaluation of offenders. - Offenders enrolled in the offender management system shall be evaluated...
Section 24-22-70. Good behavior credit; earned work credits. - Offenders enrolled in the offender management system shall be entitled...
Section 24-22-80. Revocation of offender management system status; no appeal. - Revocation of offender management system status awarded under this chapter...
Section 24-22-90. Enrollment in system; supervision in community; giving of notice; statements by victims, witnesses, solicitors, law enforcement officers, and others for or against release. - Offenders shall be enrolled in the offender management system and...
Section 24-22-100. Enrollee participation in designated programs; community control strategies. - Offenders enrolled in the offender management system shall be required...
Section 24-22-110. Status of enrollees; retention and sharing of control by departments; revocation of enrollment. - Offenders enrolled in the offender management system shall retain the...
Section 24-22-120. Discipline or removal from system; violation, arrest and detention; no bond pending hearing. - At any time while an enrolled offender is at a...
Section 24-22-130. Parole hearings; supervised furlough; vested rollbacks; continuation in system until sentence satisfied. - Offenders enrolled in the offender management system shall not be...
Section 24-22-140. No liberty interest or expectancy of release created. - The enactment of this legislation shall not create a "liberty...
Section 24-22-150. Funding required for system initiation and ongoing operation; hiatus when funding exhausted. - (A) The offender management system must not be initiated and...
Section 24-22-160. Operating capacities of prison populations to be established; certification. - The Department of Corrections and the Department of Administration shall...
Section 24-22-170. Termination of system and regulations. - The offender management system and any regulations promulgated thereto shall...
Chapter 23 - Case Classification System And Community Corrections Plan
Section 24-23-10. Plans to be developed for statewide case classification system and community-based correctional programs. - The Board shall develop a plan for the implementation of...
Section 24-23-20. Case classification plan. - The case classification plan must provide for case classification system...
Section 24-23-30. Community corrections plan to include description of community-based program needs. - The community corrections plan must include, but is not limited...
Section 24-23-40. Development of statewide policies with state agencies; guidelines for monitoring of restitution orders and fines; research and special studies; training of employees. - The community corrections plan shall provide for the department's: (1)...
Section 24-23-110. Imposition of fine and restitution; department to implement policies to ensure payment and report failures to pay. - Judges of the Court of General Sessions may suspend the...
Section 24-23-115. Public service work as condition of probation or suspension of sentence; regulations. - Except as otherwise provided by law, Courts of General Sessions...
Section 24-23-120. Presentence investigation. - A Judge of the Court of General Sessions who has...
Section 24-23-130. Termination of supervision. - Upon the satisfactory fulfillment of the conditions of probation, the...
Section 24-23-230. Effective date of assessments; use of funds collected. - The assessments, collections and transfers specified in this article shall...
Chapter 25 - Palmetto Unified School District No. 1
Section 24-25-10. Palmetto Unified School District No. 1 established. - There is hereby established a special statewide unified school district...
Section 24-25-20. Purpose. - The purpose of the district is to enhance the quality...
Section 24-25-30. District schools to meet state standards; state Superintendent of Education to administer standards; reports; evaluations. - Academic and vocational training provided by the Palmetto Unified School...
Section 24-25-35. Funds for certain educational programs. - The Palmetto Unified School District 1 of the South Carolina...
Section 24-25-40. Trustees of school district; appointment; terms; vacancies. - The Palmetto Unified School District No. 1 shall be under...
Section 24-25-50. Removal of school board members. - The members of the school board may be removed at...
Section 24-25-60. Board to elect officers; terms; meetings; compensation. - The school board at its first meeting, and every two...
Section 24-25-70. Powers and duties of school board. - With the consent and concurrence of the Director of the...
Section 24-25-80. Duties of district Superintendent of Education. - The duties of the district Superintendent of Education shall include...
Section 24-25-90. Superintendent and other personnel to be employed according to Department of Correction policies. - The superintendent of the district and all other educational personnel...
Chapter 26 - South Carolina Sentencing Guidelines Commission
Section 24-26-10. Commission established. - (A) There is established the South Carolina Sentencing Guidelines Commission...
Section 24-26-20. Duties and responsibilities. - The commission has the following duties and responsibilities: (1) recommend...
Section 24-26-30. Commission staff. - The commission may employ a staff director and other professional...
Section 24-26-40. Funding. - The commission shall receive funding provided by the General Assembly...
Section 24-26-50. Establishment of general policies; approval of advisory guidelines. - The commission, by vote of a majority of the membership,...
Section 24-26-60. Recommendations regarding changes in classification system. - The commission shall recommend to the General Assembly a classification...
Chapter 27 - Inmate Litigation
Section 24-27-100. Filing fees. - Unless another provision of law permits the filing of civil...
Section 24-27-110. Court costs. - Unless another provision of law permits the filing of civil...
Section 24-27-120. Authorization of additional payments. - Nothing in this chapter prevents a prisoner from authorizing payments...
Section 24-27-130. Dismissal of action for failure to pay fees or costs. - The court may dismiss without prejudice any civil action pertaining...
Section 24-27-140. "Prisoner" defined. - For purposes of this chapter, a prisoner is defined as...
Section 24-27-150. Insufficient trust account funds. - If a prisoner does not have a trust account, or...
Section 24-27-200. Forfeiture of work, education, or good conduct credits. - A prisoner shall forfeit all or part of his earned...
Section 24-27-210. Proceedings brought by Attorney General. - If the court does not make such findings in the...
Section 24-27-220. Discretion of Director. - Nothing in this chapter shall affect the discretion of the...
Section 24-27-300. Contempt of court. - The court may hold a prisoner in contempt of court...
Section 24-27-400. Indigent persons. - This chapter is inapplicable to any case in which the...
Section 24-27-500. Application of Religious Freedom Act to prison regulations. - For the purposes of Chapter 32 of Title 1: (A)...
Chapter 28 - Sentencing Reform Oversight Committee
Section 24-28-10. Sentencing Reform Oversight Committee established. - There is hereby established a committee to be known as...
Section 24-28-20. Membership of committee; meetings; termination. - (A) The oversight committee shall be composed of seven members,...
Section 24-28-30. Powers and duties of committee. - The oversight committee has the following powers and duties: (1)...
Section 24-28-40. Compensation; other funding sources. - (A) The oversight committee members are entitled to such mileage,...
Section 24-28-50. Committee must use clerical and professional employees of the General Assembly; other professional staff; consultants. - (A) The oversight committee must use clerical and professional employees...