PROBATION

Probation provides basic community supervision to offenders receiving a suspended sentence from the Court. Probation is a judicial act of grace or clemency that allows a person convicted of a crime to avoid imprisonment. Offenders are classified based on their need for services and supervision, and their risk of committing new offenses. The maximum duration of probation cannot exceed five years by law and offenders must pay a supervision fee of up to $100 per month, based on a sliding scale determined by monthly income. Special conditions may be imposed to further restrict freedom, limit movement in the community, add further punitive measures, or to require rehabilitative services. Violation of any of the standard or special conditions of probation may result in the imposition of additional punitive sanctions, up to and including revocation action by the Court.

Standard Conditions of Supervision

  • I shall report in person to the South Carolina Department of Probation, Parole and Pardon Services' office on the day of my release or not later than 8:30 a.m. on the next business day, and as instructed by the Department; and I shall make complete and truthful reports to the Agent.
  • I shall not change my residence or employment without the consent of my Agent. Further, I shall allow my Agent to visit me in my home, at my place of employment, or elsewhere at any time.
  • I shall not use controlled substances, except when properly prescribed by a licensed physician, not consume alcoholic beverages to excess nor visit establishments whose primary business is the sale and drinking of alcoholic beverages. Furthermore, I shall submit to a urinalysis or a blood test when requested by an Agent of the Department, and I agree that any of these test results may be used as evidence in any hearing.
  • I shall not possess or purchase any firearms, knives, or other dangerous weapons, and I shall not associate with any person who has a criminal record, or any other person whom my Agent has instructed me to avoid.
  • I shall work diligently at a lawful occupation, furthermore, I shall notify my Agent if I become unemployed.
  • I shall not violate any federal, state, or local laws, and shall contact my supervising agent if I am ever arrested or questioned by a law enforcement officer for any reason whatsoever.
  • I shall pay supervision fees as determined by the department.
  • I shall not leave the state without permission from my Agent. Furthermore, if I am ever arrested in another state for violating these conditions, I hereby irrevocably waive all extradition rights I may otherwise have been entitled to and agree to return to South Carolina when directed by my Agent, the Court, Board or by a warrant.
  • I shall obey all conditions of supervision set forth in this order including the payment of fines, restitution, or other payments, and the services of any period of incarceration. I will make all child support payments as ordered by the courts.
  • I shall follow the advice and instructions of my Agent and I agree to comply with any further conditions imposed by the Department or its Agent.

Persons on probation, who are ordered to pay restitution to a victim, are also subject to a 20 percent collection fee added to any amount they are ordered to pay. The collection fee does not apply to parole cases where restitution is required.

Special Conditions

The Parole Board's right to impose certain special conditions of parole is wide, though not unlimited. Its discretion is limited only by the well-established common-law rule that the conditions of parole must be reasonably related to the offender's crime, must be necessary to further some rehabilitative purpose, and must not violate any state or federal law or public policy. Conditions may not be punitive.