SECTION
62 - D10-STATE LAW ENFORCEMENT DIVISION
62.1. (SLED:
Special Account Carry Forward) Funds awarded to the State Law Enforcement
Division by either court order or from donations or contributions shall be
deposited in a special account with the State Treasurer, and shall be carried
forward from year to year, and withdrawn from the Treasurer as needed to
fulfill the purposes and conditions of the said order, donations or
contributions, if specified, and if not specified, as may be directed by the Chief
of the State Law Enforcement Division. Funds expended from the special account
must be annually reported by October first to the Senate Finance Committee and
the Ways and Means Committee.
62.2. (SLED:
Computer/Communications Center Carry Forward) Revenue generated from the
operation of the division’s criminal justice computer/communications center and
not expended during the prior fiscal year may be carried forward and expended
for the same purpose during the current fiscal year.
62.3. (SLED: Agents
Operations Carry Forward) Any unexpended balance on June thirtieth, of the
prior fiscal year, in Part IA, subsection 62 of the section “Agents Operations”
may be carried forward and expended for the same purpose in the current fiscal
year.
62.4. (SLED:
Match for Federal Grants Carry Forward) State appropriations to SLED that are
required to provide match for federal grant programs in the prior fiscal year
may be carried forward into the current fiscal year and expended for the same
purpose as originally appropriated.
62.5. (SLED:
Clothing Allowance) The State Law Enforcement Division is hereby authorized to
provide agents and criminalists with an annual clothing allowance (on a pro
rata basis) not to exceed $600 per agent/criminalist for required clothing used
in the line of duty.
62.6. (SLED:
Witness Fee) The State Law Enforcement Division is hereby authorized to charge
a witness fee of $130.00 per hour up to $1,000 per day for each employee
testifying in civil matters which do not involve the State as a part in
interest. This fee shall be charged in addition to any court prescribed
payment due as compensation or reimbursement for judicial appearances and
deposited into a designated revenue account.
62.7. (SLED:
Commissioned Officers’ Physicals) The department is authorized to pay for the
cost of physical examinations for department personnel who are required to
receive such physical examinations prior to receiving a law enforcement
commission.
62.8. (SLED:
Meals in Emergency Operations) The State Law Enforcement Division may provide
meals to employees of SLED who are not permitted to leave assigned duty
stations and are required to work during deployment, emergency simulation
exercises and when the Governor declares a state of emergency.
62.9. (SLED:
Hazardous Materials Security Detail) The State Law Enforcement Division (SLED)
is authorized to be reimbursed for security related law enforcement services
provided to entities authorized to transport sensitive materials within the
borders of South Carolina. SLED shall determine all costs associated with
security details and is authorized to coordinate the collection, retention, and
distribution to any assisting agency. SLED and each assisting agency shall
expend any funds associated with minimizing risks related to the transportation
of these hazardous materials for the implementation of homeland security
initiatives.
62.10. (SLED: Sex
Offender Registry Fee) Each Sheriff is authorized to charge and collect an
annual amount of one hundred fifty dollars from each sex offender required to
register by law. If such sex offender has been declared indigent by the
Sheriff of the county in which the offender must register and provides proof of
the declaration at the time of registration, the fee will automatically be
waived. If an offender is not declared indigent and fails to pay the fee, he
is officially declared unregistered. This fee shall be divided between the
Sheriffs and the State Law Enforcement Division with one hundred dollars of the
fee retained by the Sheriffs and the remaining fifty dollars remitted by the
Sheriffs to SLED on a quarterly basis. These funds must be used to support the
Statewide Sex Offender Registry.
62.11. (SLED:
Private Detective Fees Criminal History Checks) The State Law Enforcement
Division is authorized to charge private detective companies, individual
private detectives, private security companies, armed security guards, and
proprietary security companiesa fee of twenty-five dollars to process state
criminal history checks and fifty dollars for federal fingerprint based
criminal history checks. These funds shall be collected, retained, expended
and carried forward by the State Law Enforcement Division.
62.12. (SLED:
CWP Instructors Certification) The State Law Enforcement Division is
authorized to charge one hundred dollars for the issuance of a Certified
Concealable Weapons Permit Instructor certificate, and one hundred dollars
every three years for each renewal. These funds shall be collected, retained,
expended and carried forward by the State Law Enforcement Division.
62.13. (SLED:
Expungement Requests) The State Law Enforcement Division is authorized to
collect a twenty-five dollar expungement fee for each request to expunge
criminal records. These funds shall be used to offset the operational and
research expenses associated with processing these expungement requests. SLED
is authorized to collect, retain, expend, and carry forward these funds.
Persons found not guilty by a court of competent jurisdiction or where charges
have been dismissed or nolle prossed shall be excluded from the fee
requirement.
62.14. (SLED:
Retention of Funds Reimbursed by State or Federal Agencies) The State Law Enforcement
Division is authorized to collect,
expend, retain, and carry forward all funds received from other state or
federal agencies in the current fiscal year as reimbursement of expenditures
incurred in the current or prior fiscal year.
62.15. (SLED:
Monies Associated with Illegal Gaming Devices) The State Law Enforcement
Division is authorized to retain, expend, and carry forward all monies
associated with illegal gaming devices seized by the division, once orders of
destruction and awarding of these monies have been received from a court of
competent jurisdiction.
62.16. (SLED:
Private Detective/Security Fee) The license and registration fees set by the
State Law Enforcement Division for private detective businesses, private
security businesses, including employees of these businesses, and companies
which provide private security on their own premises must not exceed those fees
set by regulation as of January 1, 2011, unless otherwise approved by the
General Assembly. From the funds collected from these fees, the State Law
Enforcement Division must transfer $480,000 to the Department of Public Safety
which shall be used for the purpose of providing security in the Capitol
Complex area.
62.17. (SLED:
Criminal Record Search Fees) The State Law Enforcement Division is authorized
to charge and collect a fee of eight dollars for a criminal record search for
local park and recreation volunteers through a commission, municipality,county,
or the South Carolina Department of Parks, Recreation, and Tourism. Any
organization that is authorized to receive the reduced fee must not charge the
volunteer, mentor, member, or employee more than the eight dollars or any
additional fee that is not required by the State Law Enforcement Division. All
criminal record searches conducted under this provision must be for a
volunteer, mentor, member or employee performing in an official capacity of the
organization and must not be resold.
62.18. (SLED:
Compensatory Payment) In the event a State of Emergency is declared by the
Governor, exempt employees of the State Law Enforcement Division may be paid
for actual hours worked in lieu of accruing compensatory time, at the
discretion of the Chief, and providing funds are available.
62.19. (SLED: Meth
Lab Clean Up Carry Forward) Any unexpended balance on June thirtieth of the
prior fiscal year, in the special line “Meth Lab Clean Up” may be carried
forward and expended for the same purpose in the current fiscal year.
62.20. (SLED: CWP
Renewal and Replacement) A concealed weapons permit may not be suspended by a
state official, agent, or employee supported by state funds if the permit
holder has initiated a renewal or replacement application and the processing
and issuance of a renewal or replacement permit is delayed for administrative
reasons. A concealed weapons permit remains valid during the pendency of the
renewal or replacement process so long as the application for replacement
renewal is submitted prior to the expiration of the permit.
62.21. (SLED: Drug
Lab Electronic Mandatory Reporting System) Of the funds appropriated for Meth
Lab Clean Up, the State Law Enforcement Division is authorized to expend such
funds for the development and implementation of a statewide electronic
mandatory reporting system for municipal, county and state governmental
entities to report information, as directed by the State Law Enforcement
Division, pertaining to the discovery or seizure of methamphetamine
laboratories and dumpsites.
62.22. (SLED:
Mandatory Meth Lab Reporting) If a municipal, county, or state governmental
entity locates, finds, or seizes a methamphetamine laboratory or dumpsite
within the State, the governmental entity shall report the incident within
three business days to the State Law Enforcement Division.
The State Law Enforcement
Division shall determine the reporting mechanism and is authorized to request,
receive, catalogue, classify, and maintain all information it determines
necessary pertaining to the laboratory or dumpsite including, but not limited
to, the location, the type of manufacturing method used, and suspect
information. The State Law Enforcement Division shall maintain information
related to these governmental reports on its website, which must be made
available to the public, and is authorized to use funds appropriated for Meth
Lab Clean Up towards the prudent maintenance of information reported.
A governmental entity that
fails to report information to the State Law Enforcement Division pursuant to
this proviso is ineligible to receive public safety grants that are funded
through the South Carolina Public Safety Coordinating Council pursuant to
Section 23-6-520(2) of the 1976 Code.
are funded
through the South Carolina Public Safety Coordinating Council pursuant to
Section 23-6-520(2) of the 1976 Code.