South Carolina Code of Regulations Chapter 130 - DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES
The South Carolina Code of Regulations, Chapter 130 - DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES (DPPPS), contains the administrative rules and policies that govern the functions of this state agency. The DPPPS plays a critical role in the South Carolina criminal justice system, primarily focused on community supervision of adult offenders and providing services related to parole and pardons.
The regulations in Chapter 130 cover various aspects of the Department's operations, reflecting its mission to protect public safety, assist victims and courts, and help offenders become productive members of the community.
Here's a breakdown of some key areas within Chapter 130:
Public Service Work (Section 130-20): This section details the rules for placing qualified convicted offenders in unpaid positions with non-profit or tax-supported agencies as a condition of probation or suspension of sentence. It covers:
Definition: What constitutes "Public Service Work."
Criteria for Participation: Who is eligible and who is excluded (e.g., individuals convicted of certain serious offenses like murder, kidnapping, criminal sexual conduct are typically excluded).
Work-Site Certification: Requirements for approved work-sites, prohibiting profit-making agencies.
Supervision: The role of DPPPS Public Service Employment Coordinators in screening, placing, and monitoring offenders, and their interaction with court staff.
Release of Inmates Pursuant to the Prison Overcrowding Powers Act (Section 130-10): This section, while potentially specific to certain historical acts, would outline the procedures and criteria for the early release of inmates from correctional institutions under specific conditions related to prison overcrowding. It often involves a risk assessment to determine the likelihood of harm to the community.
Board Training (Section 130-30): This section likely addresses the training requirements for members of the South Carolina Board of Paroles and Pardons, ensuring they are adequately prepared for their decision-making roles.
Reentry Supervision (Section 130-40): This would cover regulations related to the supervision of offenders transitioning back into the community after incarceration, aiming to reduce recidivism and support successful reintegration.
Hearing Officer Qualifications and Preliminary Hearing Procedures (Section 130-50): Details the qualifications for hearing officers who conduct preliminary hearings for alleged violations of probation or parole conditions, as well as the procedures for these hearings.
Administrative Sanctions for Violations (Section 130-60): This section outlines the administrative consequences and sanctions that the DPPPS can impose on offenders who violate the conditions of their probation or parole, often as an alternative to formal revocation proceedings that would send them back to court or prison.
Overall Functions of the South Carolina Department of Probation, Parole and Pardon Services (DPPPS):
Beyond the specific regulations, the DPPPS broadly functions as the state's third-largest law enforcement agency and is responsible for:
Probation Supervision: Supervising individuals sentenced to probation by the courts. Probationers remain in the community but must adhere to specific conditions.
Parole Supervision: Supervising offenders who have been released from state prisons by the South Carolina Board of Paroles and Pardons to complete the remainder of their sentences in the community under supervision.
Pardon Investigations: Conducting investigations and preparing information for the South Carolina Board of Paroles and Pardons, which makes decisions on pardon applications. A pardon provides full legal forgiveness for a conviction and restores civil rights.
Victim Services: Providing assistance and information to victims of crimes throughout the parole and pardon process.
Community-Based Programs: Implementing evidence-based programs and strategies to promote offender rehabilitation, reduce recidivism, and facilitate successful reentry into society.
Law Enforcement Powers: Probation and parole agents have law enforcement powers, including the authority to issue arrest warrants and enforce criminal laws, as necessary in the execution of their duties.
In essence, Chapter 130 of the South Carolina Code of Regulations provides the operational rules for the DPPPS to manage and supervise a significant portion of the state's offender population in the community, balancing accountability with efforts towards rehabilitation and public safety.
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