South Carolina Code 24-21-480. Restitution Center program; distribution of offenders’ salaries
The offender must have paid employment and/or be required to perform public service employment up to a total of fifty hours per week.
Terms Used In South Carolina Code 24-21-480
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Probation, Parole and Pardon Services. See South Carolina Code 24-21-5
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
The offender must deliver his salary to the restitution center staff who must distribute it in the following manner:
(1) restitution to the victim or payment to the account established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, as ordered by the court;
(2) payment of child support or alimony or other sums as ordered by a court;
(3) payment of any fines or court fees due;
(4) payment of a daily fee for housing and food. This fee may be set by the department with the approval of the Department of Administration. The fee must be based on the offender’s ability to pay not to exceed the actual costs. This fee must be deposited by the department with the State Treasurer for credit to the same account as funds collected under §§ 14-1-210 through 14-1-230;
(5) payment of any costs incurred while in the restitution center;
(6) if available, fifteen dollars per week for personal items.
The remainder must be deposited and given to the offender upon his discharge.
The offender must be in the restitution center for not more than six months, nor less than three months; provided, however, in those cases where the maximum term is less than one year the offender must be in the restitution center for not more than ninety days nor less than forty-five days.
Upon release from the restitution center, the offender must be placed on probation for a term as ordered by the court.
Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence.
No person must be made ineligible for this program by reason of gender.