South Carolina General Assembly
107th Session, 1987-1988

Bill 1136

                    Current Status

Bill Number:               1136
Ratification Number:       532
Act Number                 478
Introducing Body:          Senate
Subject:                   Issuance of a citation and affidavit
                           during supervision of probation and
                           parole
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A478, R532, S1136)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-300 SO AS TO PROVIDE FOR THE ISSUANCE OF A CITATION AND AFFIDAVIT INSTEAD OF A WARRANT DURING A PERIOD OF SUPERVISION WHEN A PROBATIONER, PAROLEE, OR ANY PERSON RELEASED OR FURLOUGHED UNDER THE PRISON OVERCROWDING POWERS ACT VIOLATES THE CONDITIONS OF HIS RELEASE OR SUSPENDED SENTENCE.

Be it enacted by the General Assembly of the State of South Carolina:

Issuance of a citation and affidavit during supervision of probation and parole

SECTION 1. Article 3, Chapter 21, Title 24 of the 1976 Code is amended by adding:

"Section 24-21-300. At any time during a period of supervision, a probation and parole agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or any person released or furloughed under the Prison Overcrowding Powers Act in the agent's judgment violates the conditions of his release or suspended sentence. The citation must be directed to the probationer, parolee, or the person released or furloughed, must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the probationer's, parolee's, or released or furloughed person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation and parole agent. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board at any hearing on the violation."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.