South Carolina Code 17-25-65. Reduction of sentence for substantial assistance to the State; motion practice
(1) substantial assistance in investigating or prosecuting another person; or
Terms Used In South Carolina Code 17-25-65
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.
(B) Upon the state’s motion made more than one year after sentencing, the court may reduce a sentence if the defendant’s substantial assistance involved:
(1) information not known to the defendant until one year or more after sentencing;
(2) information provided by the defendant to the State within one year of sentencing, but which did not become useful to the State until more than one year after sentencing;
(3) information, the usefulness of which could not reasonably have been anticipated by the defendant until more than one year after sentencing, and which was promptly provided to the State after its usefulness was reasonably apparent to the defendant; or
(4) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.
(C) A motion made pursuant to this provision shall be filed by that circuit solicitor in the county where the defendant’s case arose. The State shall send a copy to the chief judge of the circuit within five days of filing. The chief judge or a circuit court judge currently assigned to that county shall have jurisdiction to hear and resolve the motion. Jurisdiction to resolve the motion is not limited to the original sentencing judge.