§ 24-21-280 — Duties and powers of probation agents; authority to enforce criminal laws.

South Carolina § 24-21-280

• Jurisdiction: South Carolina
• Title 24: CORRECTIONS, JAILS, PROBATIONS, PAROLES AND PARDONS
• Ch. 21: PROBATION, PAROLE AND PARDON

Text

(A) A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage persons on probation, parole, or community supervision to bring about improvement in their conduct and condition and to reduce the risk of recidivism for the offenders under his supervision. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require. (B) A probation agent has, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and, to the extent necessary, the same right to execute process given by law to sheriffs. A probation agent has the power and authority to enforce the criminal laws of the State. In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department, and the board. (C) A probation agent must conduct an actuarial assessment of offender risks and needs, including criminal risk factors and specific needs of each individual, under the supervision of the department, which shall be used to make objectively based decisions that are consistent with evidence-based practices on the type of supervision and services necessary. The actuarial assessment tool shall include screening and comprehensive versions. The screening version shall be used as a triage tool to determine offenders who require the comprehensive version. The director also shall require each agent to receive annual training on evidence-based practices and criminal risks factors and how to target these factors to reduce recidivism. (D) A probation agent, in consultation with the probation agent's supervisor, shall identify each individual under the department's supervision, with a term of supervision of more than one year, and shall calculate and award compliance credits as provided in this section. Credits may be earned from the first day of supervision on a thirty-day basis, but must not be applied until after each thirty-day period of supervision has been completed. Compliance credits may be denied for noncompliance on a thirty-day basis as determined by the department. The denial of nonearned compliance credits is a final decision of the department and is not subject to appeal. An individual may earn up to twenty days of compliance credits for each thirty-day period in which the department determines that the individual has substantially fulfilled all of the conditions of the individual's supervision. (E) Any portion of the earned compliance credits are subject to be revoked by the department if an individual violates a condition of supervision during a subsequent thirty-day period. (F) The department shall provide annually to the Sentencing Reform Oversight Committee the number of offenders who qualify for compliance credits and the amount of credits each has earned within a fiscal year. (G) Offender supervision specialists have the same duties and authority granted to probation agents, except for the authority granted in subsection (B).

Legislative History

HISTORY: 1962 Code SECTION 55-578; 1952 Code SECTION 55-578; 1942 Code SECTION 1038-9; 1942 (42) 1456; 1988 Act No. 480, SECTION 9; 1991 Act No. 134, SECTION 11; 1993 Act No. 181, SECTION 470; 1995 Act No. 83, SECTION 46; 2000 Act No. 352, SECTION 1; 2000 Act No. 396, SECTION 7; 2010 Act No. 273, SECTION 50, eff January 1, 2011; 2016 Act No. 154 (H.3545), SECTION 7, eff April 21, 2016; 2017 Act No. 75 (H.3742), SECTION 2, eff May 19, 2017. Effect of Amendment The 2010 amendment rewrote the section. 2016 Act No. 154, SECTION 7, in (D), substituted "the probation agent's supervisor" for "his supervisor", and "under the department's supervision" for "under the supervision of the department" in the first sentence; substituted "but must not be applied" for "but shall not be applied", in the second sentence; and substituted "in which the department determines that the individual has substantially fulfilled all of the conditions of the individual's supervision" for "in which he has fulfilled all of the conditions of his supervision, has no new arrests, and has made all scheduled payments of his financial obligations" in the last sentence. 2017 Act No. 75, SECTION 2, added (G), providing that, with some exceptions, offender supervision specialists have the same duties and authority granted to probation agents.