S.C. Code § 17-22-10
Short title
This article may be cited as the "Pretrial Intervention Act."
South Carolina Code Title 17, Chapter 22 — Intervention Programs
South Carolina · statute · S.C. Code tit. 17, ch. 22 · 42 active provisions
Provisions
S.C. Code § 17-22-20
Definitions
When used in this chapter: (1) The term "prosecutorial discretion" shall mean the power of the circuit solicitor to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken and, if so taken, of what kind and degree and to what conclusion. (2) The term "noncriminal disp…
S.C. Code § 17-22-30
Circuit solicitors to establish pretrial intervention programs; oversight of administrative procedures
(A) Each circuit solicitor shall have the prosecutorial discretion as defined herein and shall as a matter of such prosecutorial discretion establish a pretrial intervention program in the respective circuits. (B) The circuit solicitors are specifically endowed with and shall retain all discretionary powers under the c…
S.C. Code § 17-22-40
Pretrial intervention coordinator; staff; funding
There is established the office of Pretrial Intervention Coordinator whose responsibility is to assist the solicitor in each judicial circuit in establishing and maintaining a pretrial intervention program. The office of Pretrial Intervention Coordinator must be within the South Carolina Commission on Prosecution Coord…
S.C. Code § 17-22-50
Persons not to be considered for intervention
(A) A person must not be considered for intervention if: (1) he previously has been accepted into an intervention program; or (2) the person is charged with: (a) blackmail; (b) driving under the influence or driving with an unlawful alcohol concentration; (c) a traffic-related offense which is punishable only by fine o…
S.C. Code § 17-22-55
Additional conditions for admission to pretrial intervention of person charged with fish, game, wildlife, or commercial fishery-related offense
As a condition of admission to the pretrial intervention program of a person charged with a fish, game, wildlife, or commercial fishery-related offense which does not disqualify him for intervention, this person shall pay an additional administrative charge equal to the maximum monetary fine, not to exceed five hundred…
S.C. Code § 17-22-60
Standards of eligibility for intervention program
Intervention is appropriate only where: (1) there is substantial likelihood that justice will be served if the offender is placed in an intervention program; (2) it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process; (3) it is apparent that the…
S.C. Code § 17-22-70
Information which may be required by solicitor
Prior to admittance of an offender into an intervention program, the solicitor or judge, if application is made to the court pursuant to Section 17-22-100, may require the offender to furnish information concerning the offender's past criminal record, education and work record, family history, medical or psychiatric tr…
S.C. Code § 17-22-80
Recommendations of victim and law enforcement agency
Prior to any person being admitted to a pretrial intervention program the victim, if any, of the crime for which the applicant is charged and the law enforcement agency employing the arresting officer shall be asked to comment in writing as to whether or not the applicant should be allowed to enter an intervention prog…
S.C. Code § 17-22-90
Agreements required of offender in program
An offender who enters an intervention program shall: (1) waive, in writing and contingent upon his successful completion of the program, his right to a speedy trial; (2) agree, in writing, to the tolling while in the program of all periods of limitation established by statutes or rules of court; (3) agree, in writing,…
S.C. Code § 17-22-100
Time for application to intervention program
An offender must make application to an intervention program or to the chief administrative judge of the court of general sessions no later than seventy-five days after service of the warrant or within ten days following appointment of counsel for the charge for which he makes the application. However, in the discretio…
S.C. Code § 17-22-110
Fees for application and participation; waiver
An applicant to an intervention program or an offender who applies to the chief administrative judge of the court of general sessions for admission to a program pursuant to Section 17-22-100 shall pay a nonrefundable application fee of one hundred dollars and, if accepted into the program, a nonrefundable participation…
S.C. Code § 17-22-120
Individual agreement between offender and solicitor; alcohol and drug abuse services
In any case in which an offender agrees to an intervention program, a specific agreement must be made between the solicitor and the offender. This agreement shall include the terms of the intervention program, the length of the program and a section stating the period of time after which the prosecutor will either dism…
S.C. Code § 17-22-130
Reports and identification as to offenders accepted for intervention program
Notwithstanding the provisions of Section 17-1-40, in all cases where an offender is accepted for intervention a report must be made and retained on file in the solicitor's office, regardless of whether or not the offender successfully completes the intervention program. All reports must be retained on file in the soli…
S.C. Code § 17-22-140
Restitution to victim
Prior to the completion of the pretrial intervention program the offender shall make restitution, as determined by the solicitor, to the victim, if any.
S.C. Code § 17-22-150
Disposition of charges against offenders accepted for intervention program
(a) In the event an offender successfully completes a pretrial intervention program, the solicitor shall effect a noncriminal disposition of the charge or charges pending against the offender. Upon such disposition, the offender may apply to the court for an order to destroy all official records relating to his arrest…
S.C. Code § 17-22-170
Unlawful retention or release of information regarding participation in intervention program; penalty
Any municipal, county, or state entity or any individual who unlawfully retains or releases information on an offender's participation in a pretrial intervention program is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two thousand dollars or by imprisonment not to exceed one ye…
S.C. Code § 17-22-300
Citation of article
This article may be cited as the "Traffic Education Program Act".
S.C. Code § 17-22-310
Prosecutorial discretion of Circuit Solicitor to establish traffic education program; administration
(A) Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish a traffic education program in the respective circuits for persons who commit traffic-related offenses that are punishable only by a fine and loss of four points or less. A…
S.C. Code § 17-22-320
Eligibility
(A) A person may be considered for a traffic education program if he has no significant history of traffic violations. A person may not participate in a traffic education program more than once. (B) A person's participation in a traffic education program does not prevent his participation in a pretrial intervention pro…
S.C. Code § 17-22-330
Disposition of traffic-related offense on completion of program; subsequent violation
(A) When a person successfully completes a traffic education program, the governmental agency administering the program shall effect a noncriminal disposition, as defined in this chapter, of the traffic-related offense, and there must be no record maintained of the traffic-related offense except by the appropriate traf…
S.C. Code § 17-22-340
Office of Traffic Education Program Coordinator
Each circuit solicitor may establish an Office of Traffic Education Program Coordinator whose responsibility is to assist in the establishment and maintenance of the traffic education program.
S.C. Code § 17-22-350
Fees; waiver; distribution of fee proceeds
(A) A person shall pay a nonrefundable one hundred forty-dollar fee to apply for a traffic education program that cannot be reduced or suspended. Additionally, a person shall pay a nonrefundable fee, not to exceed one hundred forty dollars, to participate in a traffic education program. Participation in a traffic educa…
S.C. Code § 17-22-360
Annual report
Each governmental agency that administers a traffic education program shall submit a traffic education program annual report, by the first day of August, to the Commission on Prosecution Coordination providing the total number of participants by original traffic-related offenses, the total number of participants that s…
S.C. Code § 17-22-370
Submission of information necessary for creation and maintenance of list of participants
Each governmental agency that administers a traffic education program shall submit to the Commission on Prosecution Coordination necessary identifying information on each participant for the creation and maintenance of a list of participants in traffic education programs. This list is to be used by the commission for t…
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