South Carolina Code of Regulations Chapter 130 - DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES
South Carolina Code of Regulations Chapter 130
Department of Probation, Parole and Pardon Services (PPP)
What is the Department of Probation, Parole and Pardon Services?
The Department of Probation, Parole and Pardon Services (PPP) is a state administrative agency responsible for supervising offenders released into the community through probation or parole and overseeing the pardoning process. Its mission is to enhance public safety by providing effective supervision and assisting offenders in their rehabilitation and reintegration into society.
Purpose of Chapter 130 Regulations
The regulations under Chapter 130 establish the procedures, standards, and responsibilities for the PPP in supervising offenders and managing parole and pardon processes. The core purposes include:
Supervision of Probationers and Parolees:
Set rules governing the supervision, reporting, and monitoring of individuals on probation or parole.
Establish conditions of supervision to promote compliance and reduce recidivism.
Revocation and Sanctions:
Define grounds and procedures for revoking probation or parole when conditions are violated.
Provide due process protections including notice, hearing, and appeals rights before revocation.
Pardon Recommendations:
Establish guidelines for reviewing and recommending pardon applications.
Ensure a fair and transparent process for executive clemency consideration.
Interagency Coordination:
Coordinate with courts, law enforcement, and community agencies to manage offender supervision effectively.
Structure of Chapter 130
Supervision Rules: Conditions, reporting requirements, and supervision protocols.
Violation and Revocation Procedures: Notice, hearings, sanctions.
Pardon Process: Application, review, and recommendation.
Recordkeeping and Confidentiality: Maintaining offender records and protecting privacy.
Appeals and Grievances: Procedures for contesting decisions.
Administrative Law Principles and Case Law Concepts
Authority of PPP:
PPP operates under delegated authority to supervise offenders and recommend pardons.
It must act within the scope of its regulatory framework.
Due Process in Revocation Proceedings:
Probationers and parolees facing revocation are entitled to fundamental due process protections.
This includes timely written notice of violations, an opportunity for a hearing, and the right to present evidence.
The standard of proof typically requires substantial evidence of the violation.
Discretion and Judicial Review:
The PPP has discretionary power in supervision conditions and pardon recommendations.
Courts generally defer to the agency’s expertise but will intervene if decisions are arbitrary, capricious, or violate procedural rights.
Case Concept:
An offender on parole is alleged to have violated curfew conditions.
PPP issues a notice of violation and schedules a revocation hearing.
After hearing evidence, the Board revokes parole.
The offender appeals, claiming lack of evidence and denial of fair hearing.
The court upholds the decision where procedural due process was observed and the evidence was substantial.
Summary
Chapter 130 governs the supervision of probationers and parolees, revocation processes, and pardon recommendations by the PPP.
The agency’s role balances public safety with the rights of offenders.
Due process is fundamental in revocation proceedings to ensure fair treatment.
Judicial review ensures PPP acts within its authority and follows fair procedures.
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