S.C. Code Regs. 130-10 - Release of Inmates Pursuant to the Prison Overcrowding Powers Act

A. Upon a declaration by the Governor of a prison system overcrowding state of emergency as set forth in Section 24-3-1160, Code of Laws of South Carolina, 1976, as amended June 3, 1986, the Board of Probation, Parole and Pardon Services is charged with the responsibility of determining which qualified prisoners are to be released.

B. A qualified prisoner, for purposes of this regulation, means:

(1) an individual convicted of a non-violent offense;

(2) incarcerated in an institution or designated facility of the South Carolina Department of Corrections;

(3) is an individual over whom the Department of Probation, Parole and Pardon Services may assume jurisdiction; and

(4) if serving a sentence of two years or more must have met their first parole eligibility date without benefit of earned credits that may have reduced such eligibility.

C. Prisoners are not qualified to be released if:

(1) They are serving a sentence for commission of a violent crime. Violent crimes, for purposes of this regulation, are:

A. Murder

B. Armed Robbery

C. Criminal Sexual Conduct in the First or Second Degree

D. Assault and Battery with Intent to Kill

E. Kidnapping

F. Burglary in the First Degree, or Burglary in the Second Degree under Section 16-11-312(B)

G. Arson in the First Degree

H. Drug Trafficking as contained in Section 44-53-370(e)

I. Voluntary Manslaughter

J. Violation of the Habitual Offender Act as contained in Section 17-25-45

K. Accessory Before the Fact of any of the above offenses.

(2) They are currently in the Department of Corrections Extended Work Release Program.

(3) They are serving a Youthful Offender Sentence as set forth in Section 24-19-10, et. seq.

(4) They are found to be in contempt of court and are currently incarcerated for such.

D. The Department of Probation, Parole and Pardon Services will apply a Risk Assessment instrument to qualified prisoners. The Risk Assessment Instrument will be used to determine the projected risk of harm to the community at large that would be posed by the release of an individual qualified prisoner.

1. The instrument shall take into account at least the following:

a. Nature and seriousness of current offenses

b. Nature and seriousness of prior convictions

c. Institutional adjustment

d. Performance under prior community supervision

e. Age

2. Qualified prisoners found to pose a low or medium level risk to the community after application of the risk assessment instrument shall be released before prisoners who pose a potentially higher risk to the community. Qualified prisoners posing a low or medium risk who have served the greatest percentage of their period of incarceration will be released prior to qualified prisoners who have served a lesser percentage of their period of incarceration.

E. The existence of certain temporary conditions will act as a bar to consideration for release until the condition has passed. These temporary disqualifying conditions are as follows:

1. If the prisoner has any pending holds, wanteds or detainers;

2. If the prisoner has a pending major institutional rule infraction;

3. If the prisoner has been removed from participation in a community program, such to include parole, extended work release, work release, supervised furlough and the Prison Overcrowding Powers Act, within six months of his release eligibility date;

4. If the prisoner has escaped or been returned from escape within six months of his release eligibility date;

5. The prisoner may not be released directly from a psychiatric unit;

6. If the prisoner does not have a place of residence with a verifiable address approved by the Department of Probation, Parole and Pardon Services within the State of South Carolina.

F. Before releasing a qualified prisoner the Department of Probation, Parole and Pardon Services will first determine if a victim's impact statement, as such is set forth in Section 16-3-1530(C), Code of Laws of South Carolina, 1976, as amended, has been filed with the Department of Probation, Parole and Pardon Services. If a victim's impact statement has been received the following steps will be undertaken:

(1) The victim will be sent by certified mail with return receipt, a notification, at the most current address indicated by the victim, that the prisoner is qualified to be released under the Prison Overcrowding Powers Act. The notification will specifically request the victim to indicate if he/she has any opposition to the release of the specified prisoner.

(2) If the victim responds to the notification and indicates that a known person may be endangered by the release, then a preliminary hearing will be conducted on the matter by personnel of the Department of Probation, Parole and Pardon Services. The victim and qualified prisoner will both be notified as to the time, date and place of the preliminary hearing. No confrontational examination will be permitted at the hearing. The individual who conducts the hearing will determine if there is a reasonable likelihood that a known individual may be endangered by the release of the qualified prisoner, and will submit a recommendation regarding release to the Board of Probation, Parole and Pardon Services.

(3) The Board of Probation, Parole and Pardon Services will consider the matter, review the recommendation supplied, and determine if the release of the qualified prisoner shall occur. If release is denied under this provision, then reconsideration for release may not occur for twelve months.

G. Prior to the release of a qualified inmate by the Department of Probation, Parole and Pardon Services, pursuant to these regulations, the Department will notify, or cause to be notified, the Sheriff of the County wherein the qualified prisoner's crime was committed. This notification will advise the Sheriff that the particular qualified inmate will be released pursuant to the Prison Overcrowding Powers Act.

Notes

S.C. Code Regs. 130-10

Statutory Authority: 1976 Code Section 24-3-2030