South Carolina § 16-1-130 Persons not eligible for diversion program.

South Carolina Statutes

§ 16-1-130 — Persons not eligible for diversion program.

South Carolina § 16-1-130

Title 16CRIMES AND OFFENSES

Ch. 1FELONIES AND MISDEMEANORS; ACCESSORIES

This text of South Carolina § 16-1-130 (Persons not eligible for diversion program.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 16-1-130 (2026).

Text

(A)A person may not be considered for a diversion program, including, but not limited to, a drug court program or a mental health court, if the:

(1)person's current charge is for a violent offense as defined in Section 16-1-60 or a stalking offense pursuant to Article 17, Chapter 3, Title 16;

(2)person has a prior conviction for a violent crime, as defined in Section 16-1-60, or a harassment or stalking offense pursuant to Article 17, Chapter 3, Title 16;

(3)person is subject to a restraining order pursuant to the provisions of Article 17, Chapter 3, Title 16 or a valid order of protection pursuant to the provisions of Chapter 4, Title 20;

(4)person is currently on parole or probation for a violent crime as defined in Section 16-1-60; or (5) consent of the victim has not been obtained

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(A) A person may not be considered for a diversion program, including, but not limited to, a drug court program or a mental health court, if the: (1) person's current charge is for a violent offense as defined in Section 16-1-60 or a stalking offense pursuant to Article 17, Chapter 3, Title 16; (2) person has a prior conviction for a violent crime, as defined in Section 16-1-60, or a harassment or stalking offense pursuant to Article 17, Chapter 3, Title 16; (3) person is subject to a restraining order pursuant to the provisions of Article 17, Chapter 3, Title 16 or a valid order of protection pursuant to the provisions of Chapter 4, Title 20; (4) person is currently on parole or probation for a violent crime as defined in Section 16-1-60; or (5) consent of the victim has not been obtained unless reasonable attempts have been made to contact the victim and the victim is either nonresponsive or cannot be located after a reasonable search. (B) The provisions of this section do not apply to a diversion program administered by the South Carolina Prosecution Coordination Commission or by a circuit solicitor.

Legislative History

HISTORY: 2005 Act No. 106, SECTION 2, eff January 1, 2006; 2010 Act No. 273, SECTION 59, eff January 1, 2011. Editor's Note 2005 Act No. 106, SECTION 1, provides as follows: "This act may be cited as 'Mary Lynn's Law'." 2010 Act No. 273, SECTION 66, provides in part: "The provisions of Part II take effect on January 1, 2011, for offenses occurring on or after that date."