(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 § 16-1-60 or a stalking offense pursuant to Article 17, Chapter 3 of Title 16;

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Terms Used In South Carolina Code 16-1-130

  • Conviction: A judgement of guilt against a criminal defendant.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

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

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

(4) person is currently on parole or probation for a violent crime as defined in § 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.

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