S.C. Code Regs. § § 130-60

Current through Register Vol. 48, No. 10, October 25, 2024

Section 130-60 - Administrative Sanctions for Violations

A. Establishing Administrative Sanctions

(1) The Department shall establish an array of administrative sanctions for use by probation agents and hearing officers to respond to the most common types of violations of the terms and conditions of any supervision program operated by the Department. The array of sanctions shall be on an escalating scale to allow the probation agents and hearing officers to identify and assess the severity of a violation, to evaluate the individual risk posed by the offender, and to select the appropriate sanction response. In determining the appropriate sanctions the Department shall consider, but not be limited to:

(a) the severity of the current violations,

(b) the offender's previous criminal record,

(c) the number and severity of previous supervision violations,

(d) the offender's most recent risk/needs assessment,

(e) sanctions that were imposed for previous violations, and

(f) the availability of community-based programs and treatment options consistent with evidence-based practices.

B. Delineation of Administrative Sanctions

(1) Administrative sanctions established by the Department may be:

(a) served by a probation agent by way of a Notice of Administrative Sanction, or

(b) imposed by a hearing officer by way of an Order of Administrative Sanction. The administrative sanctions are divided into two types:

(a) agent/case management options, and

(b) supervision/hearing officer sanctions, and may be used to respond to the most common types of supervision violations including, but not limited to:

(a) failure to report,

(b) failure to pay fines, fees, and restitution,

(c) failure to participate in a required program of service,

(d) failure to complete community service, and

(e) failure to refrain from the use of alcohol or controlled substances.

(2) Agent/case management options include, but are not limited to,

(a) counseling with offender,

(b) referring for treatment or other community-based program,

(c) reinstating to previously ordered public service employment,

(d) restructuring the supervision plan,

(e) enhancing drug testing,

(f) issuing a verbal reprimand,

(g) enhancing supervision contacts,

(h) issuing a written reprimand, and

(i) placing in inpatient or outpatient treatment.

(3) Supervisor/hearing officer sanctions include, but are not limited to:

(a) imposing any agent/case management option,

(b) reinstating previously ordered weekend time,

(c) modifying supervision level,

(d) restructuring financial payments without changing total obligation,

(e) implementing financial exemptions,

(f) converting supervision fees to public service employment,

(g) recommending civil judgment,

(h) recommending extension of supervision (if applicable),

(i) imposing new/additional public service employment,

(j) imposing home detention,

(k) imposing participation in electronic surveillance programs,

(l) imposing additional special conditions of supervision,

(m) requiring participation in community based programs,

(n) recommending partial revocation of sentence (if applicable), and

(o) recommending full revocation of sentence.

S.C. Code Regs. § 130-60

Added by State Register Volume 35, Issue No. 6, eff June 24, 2011.