South Carolina

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.        

 

 

Collateral Consequences in the State of South Carolina

 

Understanding the Justice System

            In South Carolina the family court generally has exclusive jurisdiction to hear matters pertaining to any child under the age of seventeen who is alleged to have either attempted to violate or who has violated any state or local law or ordinance.[1]  There are, however, a variety of exceptions. 

            In South Carolina, children who violate a criminal law or ordinance are not arrested, they are “taken into custody.”[2]  South Carolina’s Children’s Code defines children generally as “…a person under the age of eighteen”[3].  The juvenile justice portion of the Children’s Code (Chapter 19) defines children as persons under the age of seventeen, with the exception of  those who are sixteen and charged with class A,B, C or D felonies or felonies that allow for a maximum term of imprisonment of fifteen years or more.[4] Sixteen year olds who fall into that category may still be remanded to family court at the discretion of the solicitor.[5]  If, in the opinion of a magistrate or city recorder, a child has wrongly been brought in front of them, the child will be transferred to the family court.[6]  Cases brought before a circuit court judge who is of the opinion that the matter belongs in family court may be transferred to family court pursuant to statutory law.[7]  

            There are several circumstances under which a juvenile’s case may be transferred (or “waived”) to adult court.  Children of any age who arecharged with murder are eligible for transfer to adult court.[8]  Children under the age of fourteen, though, are not eligible for transfer to adult court when their charges are for criminal sexual conduct.[9]   Juveniles who are fourteen or fifteen years of age and are charged with a Class A, B, C, or D felony ,or  a felony that carries a maximum penalty of fifteen years or more for an adult offender are eligible for transfer to adult court,[10] as are fourteen year olds who are charged with an offense that would carry a penalty of ten or more years of incarceration for an adult and are have been previously adjudicated delinquent for two such prior offenses.[11]  Also considered adults are: sixteen year olds charged with a misdemeanor, Class E or F felony or those charged with a felony carrying a maximum sentences of ten years for an adult;[12] and children age fourteen or older charged with carrying a weapon on school property, carrying a handgun, assault and battery of a high and aggravated nature, or unlawful distribution of drugs within half a mile of a school.[13]

            Children who are transferred to adult court must are generally evaluated prior to transfer and are granted a hearing in which the Court weighs the best interests of the child against concerns for public safety. The Court will consider the eight factors enumerated by the United States Supreme Court in Kent v. U.S., 383 U.S. 541 (1966)[14] in order to determine whether or not to transfer the juvenile to adult court.  The eight factors considered by the courts include: 1) the seriousness of the alleged offense; 2) whether or not the offense was committed in an aggressive manner; 3) whether the offense was against person(s) or property; 4) prosecutorial merit of the complain; 5) judicial economy; 6) sophistication/maturity of the juvenile in question; 7) the juvenile’s prior court history; and 8) adequate protection of the public.[15]  A juvenile who does not wish to participate in such a hearing has the right to consent to be transferred to adult court.[16]

            Once family court jurisdiction has been established, the Juvenile Justice Code gives practitioners a basic map for handling delinquency matters.  Juveniles in South Carolina are “adjudicated delinquent” by the family court in cases where they are found to be responsible for the criminal or status offense that they are accused of committing.  Adjudications are not convictions.[17]  Protections do exist to keep those who are adjudicated delinquent from suffering “civil disabilities ordinarily resulting from conviction”,[18] but these protections do not always extend to all of the severe sanctions provided under South Carolina’s law.  However, juveniles adjudicated delinquent, taken into custody, or charged for a non-violent crime or status offense may apply to have their records expunged at the age of eighteen.[19]

 

Notification of Collateral Consequences of Juvenile Adjudications

            There is no statutory authority requiring attorneys to notify juveniles of collateral consequences arising out of adjudication.  Existing case law focuses on adults.[20]

 

Treatment of Juvenile Records

How are juvenile records maintained?

            The South Carolina Law Enforcement Division (“SLED”) maintains a “statewide criminal information and communication system.”[21]  Criminal data obtained and kept by all law enforcement agencies and courts in the state is reported and kept in the SLED Central Record Repository.[22]  Juvenile criminal data and records are maintained by SLED, but are afforded stricter provisions of confidentiality than adults. [23]

Does the court maintain juvenile records in South Carolina?

            All juvenile cases that come before the court in South Carolina will have a record created of the case’s proceedings.  These records are made and kept by the court.[24]  All records kept by the court are “confidential and open to inspection only by court order to persons having a legitimate interest in the records and to the extent necessary to respond to that legitimate interest.”[25]  Court records are always available to the juvenile’s attorney and are also open to inspection when needed to “defend against an action initiated by a child.”[26]

Does the Department of Juvenile Justice (“DJJ”) keep records regarding juvenile offenders?

            Records kept by DJJ are confidential, with disclosure limited to the judge, the juvenile’s attorney, persons to whom records are necessary to defend against an action initiated by the child, and any others allowed by statute or court order.[27]   DJJ is charged with developing policies to transmit only “necessary and appropriate” information between agencies to ensure that necessary services and assistance are given to a child under their custody or supervision.[28] These policies must, by law, include the transmission of information necessary for “the admission or enrollment of a child into a program of services, treatment, training or education” and may be given to other state or local agencies, school districts or private service providers licensed as a “child-serving organization” by the State.[29]  Information given to any of the above-referenced persons or institutions may be summarized by DJJ.[30]   In addition to the above noted exceptions, DJJ is allowed to enter into inter-agency agreements specifically designed to allow for information sharing[31].  Any reports or recommendations made by DJJ to aid in a case’s disposition must be given to the court, solicitor and the juvenile’s attorney.[32]

Do schools have access to DJJ records regarding juvenile offenders?

            When a case against a child who has been charged with a violent crime, a crime in which a weapon was used, assault & battery against school personnel, assault and battery of a high and aggravated nature on school grounds, at a school event or against a person officially affiliated with a school, or drug distribution/trafficking,  has reached final disposition, DJJ must notify the school in which the child  is currently enrolled, intends to enroll, or was last enrolled in of the case’s final disposition.[33]  School districts are responsible for ensuring that the offense history of a juvenile enrolled in the district is kept confidential.[34]  Guidelines for maintaining confidentiality include keeping offense information in the juvenile’s “school disciplinary file or in some other confidential location.”[35]  Access must only be granted when it is necessary to “meet and adequately address the educational needs” of the juvenile in question.[36]  Once a child finishes secondary school or turns twenty-one years of age, his/her records must be destroyed.[37]

What information is made available by DJJ to crime victims?

            Crime victims have a right to certain information about juvenile offenders in South Carolina.  Upon the request of a victim of a crime, DJJ must provide him/her with the name of the juvenile charged with the crime, a photograph and other descriptive information about the juvenile in question, the status and disposition of the case, the dates, times, and locations of court hearings and recommendations made by DJJ for the court to consider at the juvenile’s dispositional hearing.[38]  DJJ must also provide crime victims with information about services available to victims.[39]

Can a juvenile be fingerprinted by DJJ?  If so, how are fingerprint records maintained?

            When a petition is filed, a juvenile is released from detention, released on house arrest, or committed to a juvenile correctional facility, DJJ has the authority to obtain fingerprints and photograph that juvenile.[40]  This information must remain confidential and cannot be given to the SLED, FBI or other agency or person except: to assist with finding a juvenile who has escaped from DJJ, locating or identifying a missing or runaway child, locating a child who fails to appear in court as summoned, or finding a child who is subject to an order for house arrest or “as otherwise provided in this section.”[41]

Does any entity, other than DJJ, maintain juvenile records?

            DJJ and/or SLED must provide records to the Attorney General, a solicitor or law enforcement agency, upon request, detailing a juveniles’ criminal offense history.  This information must be used for criminal justice purposes and its dissemination is governed by statute.[42]

May any other law enforcement entities maintain records and/or disclose information pertaining to juveniles?

            Section 63-19-2030 is specifically dedicated to the confidential nature of juvenile records held by law enforcement.  This section states that “law enforcement records and information identifying children pursuant to this chapter are confidential and must not be disclosed directly or indirectly to anyone, other than those entitled under this chapter to receive information.”[43]  Further, while law enforcement records are generally public records, any information identifying children within those records is not.[44]

            Law enforcement agencies are required to maintain records relating to the admission and release of juveniles in both secure and non-secure custody.[45]  Although a court order may specify disclosure of records, no court order is necessary for the dissemination of information by law enforcement to the solicitor’s offices, the Attorney General, the Department of Mental Health (“DMH”), the Department of Corrections (“DOC”) and the Department of Probation, Parole and Pardon Services (“PPP”), or other law enforcement agencies when the release of such information is for criminal justice purposes.[46]    Crime victims are entitled to receive incident reports regardless of the crime alleged.[47]  The principal of the school in which a juvenile is enrolled is entitled to the incident report in cases where a juvenile has been charged with a violent crime, a crime in which a weapon was used, assault & battery against school personnel, assault and battery of a high and aggravated nature on school grounds, at a school event or against a person officially affiliated with a school or drug distribution/trafficking.[48]  The principal may, however, request incident reports involving other offenses. [49]These reports must be kept confidential in the manner previously described for alerting a school to a matters final disposition and they will follow a juvenile who transfers to another school.[50]

May law enforcement photograph and/or fingerprint juveniles taken into custody?

            Law enforcement may photograph any juvenile taken into custody, while juvenile detention centers must photograph juveniles admitted to their facilities.[51]  The only time these photographs are released is when there is a criminal justice-related need, or to assist with finding a missing or runaway child.[52]  Fingerprints must be taken by law enforcement in cases where juveniles are taken into custody and charged with crimes that would carry a sentence of five years or more if committed by an adult.[53]  Detention facilities must fingerprint juveniles committed to their care.[54]  Juveniles who are not detained or are charged with lesser offenses may be fingerprinted upon court order.[55]  If law enforcement has probable cause to suspect that a juvenile has committed any crime, they may also petition the court for an order allowing them to fingerprint the juvenile in question.[56]  Juvenile fingerprint records are kept separately from adult fingerprint records at SLED.[57]  SLED can transfer these records to the FBI if a juvenile is adjudicated delinquent for a crime that would carry a maximum sentence of five years if committed by an adult.[58]  If it is determined that a child has not been adjudicated delinquent for such a crime, SLED and the arresting agency must destroy the fingerprints and any other records created based upon this information.[59]   As with photographs, fingerprints may be used by other agencies attempting to recover a missing or runaway child.[60]

May the press have access to juvenile court proceedings in South Carolina?

            In South Carolina, the state constitution provides that all courts shall be public.[61]   However, the South Carolina Supreme Court held that 1) the state legislature may limit access to courtrooms; and  2) family court judges may close proceedings. If the decision is challenged by either the press or public at large, the court must be able to support their decision to close the proceedings with findings that weigh the interests of the parties involved and the need for closure in a specific case.[62]   

Can juvenile records be expunged?

            Expungement is possible in some juvenile cases.  A juvenile who has been taken into custody, charged with or adjudicated delinquent for a status or nonviolent offense may petition the court for “an order destroying all official records” that relate to their being taken into custody, the charges filed, adjudication and disposition.[63]  Juveniles who have a prior adjudication for offenses that would carry a maximum of five years if committed by an adult may not apply for expungement.[64] Juveniles who have not completed the terms of their sentence or have been charged with subsequent crimes may not apply.[65]  Records pertaining to violent crimes cannot be expunged.[66]  Juveniles may not petition the court for expungement until they are eighteen years old[67].  If the court grants the request for expungement, “no evidence of the records may be retained by any law enforcement agency or by any municipal, county, state agency or department.”[68]  The purpose of expungement is to restore the juvenile to the status that (s)he enjoyed prior to involvement with the juvenile justice system. [69] Juveniles whose records have been expunged do not have to acknowledge their adjudications “in response to an inquiry made of the person for any purpose.”[70]

 

Transfer to the Department of Corrections

Are juveniles ever transferred to adult correctional facilities?

            Juveniles who have been committed to DJJ for violent offenses or assault and battery of a high and aggravated nature and who are still at DJJ when they turn seventeen are transferred to the South Carolina Department of Corrections (“SCDC”) on their seventeenth birthdays.  Juveniles committed to DJJ for other offenses who have not been paroled or released by their nineteenth birthdays are transferred to SCDC at that time.[71]

 

Education

Can juvenile charges affect a child’s education?

            Consequences related to a child’s education are located in Title 59 of the South Carolina State School Code.[72]  A child’s enrollment in a South Carolina school can be affected by his/her  previous conduct as well as any prior record, regardless of jurisdiction. 

            Whether or not a student meets the standards of conduct and behavior promulgated by the board of trustees necessary for first time enrollment and attendance in a school in the district, the board shall consider nonschool records, the student's disciplinary records in any school in which the student was previously enrolled as these records relate to the adjudicationof delinquency in any jurisdiction, within or without this State, of violations or activities which constitute violent crimes under Section 16-1-60, adjudications for assault and battery of a high and aggravated nature, the unlawful use or possession of weapons, or the unlawful sale of drugs whether or not considered to be drug trafficking.[73]

As a direct result of consideration of those factors, the school board may bar a juvenile from enrolling in the district for a period of one year.  After one year, the juvenile may reapply for enrollment in the district and should be allowed to enroll so long as (s)he “otherwise meets enrollment criteria.”[74]  The parents or guardian of a child denied enrollment into a school based upon this code section are afforded the normal due process rights afforded to students who have been expelled.[75]

            Juveniles who are enrolled in South Carolina schools are also subject to consequences for “inappropriate” behaviors.  Juveniles can be expelled for the “commission of any crime, gross immorality, gross misbehavior, persistent disobedience or for violation of written rules and promulgated regulations[,]” although they may still be eligible to enroll in adult or night school and can petition for readmission the following year.[76]  Students who are expelled under this section may receive instruction in an alternative setting.[77]  These students must be referred to DJJ.[78]

If a student is adjudicated delinquent, what  information is a school entitled to receive?

            School administrators are entitled to notification if a student is adjudicated delinquent for specific crimes.[79] Administrators who are notified pursuant to this section must relay the information received to each teacher or instructor who has the student in his or her class.[80]  This information is maintained in the student’s file.[81]

May a school have access to information about non-incarcerated students involved in juvenile delinquency matters?           

            While DJJ, the DOC, or PPP are required to notify a juvenile’s school of adjudications for certain crimes, the presiding judge must ensure that non-incarcerated juveniles’ information is also provided to the appropriate principal or person in charge at a juvenile's school.  Administrators who are notified pursuant to this section must also relay the information received to each teacher or instructor who has the student in his or her class.  This information is also maintained in the students’ file.[82]

Are alternatives to traditional education available to students who leave school as a result of contact with the juvenile justice system?

            It appears that placement of a youth into an alternative program is contingent on the approval of the school district’s board of trustees, even when the placement is ordered by a family court judge.[83]

 

Higher Education

Can juvenile court involvement prevent students from accessing some forms of financial aid?

            The Palmetto Fellows Scholarship is available to South Carolina residents pursuing a degree at a four-year, in-state college or university.[84]  Although grades and SAT scores are considered for qualification purposes, a person who meets the residency and academic requirements will not qualify for this financial assistance if the person has been adjudicated delinquent, plead guilty or nolo contendere, or was convicted of a felony for a felony or more than one alcohol or drug offense.[85]  A juvenile in high school or college who falls into this category but otherwise qualifies for these funds may be eligible for these funds again one year from the date of adjudication or conviction. [86]  LIFE Scholarship eligibility, available for some students applying to two-year and four-year institutions of higher learning, is also subject to similar restrictions.[87]

 

Traffic Violations and Driver’s Licenses

Can a juvenile lose a driver’s license or permit as a result of court involvement?

            In South Carolina, the magistrate and municipal courts have concurrent jurisdiction with family courts in cases where a person under the age of seventeen is charged with a traffic¸ fish, game or watercraft violation.[88]  The family court must report violations affecting a juvenile’s operation of a motor vehicle to the Department of Motor Vehicles (“DMV”) and some violations must also be reported to the Department of Natural Resources (“DNR”).[89]

            A juvenile who commits a status offense or violates a court order relating to a status offense may have his/her driver’s license suspended by the court until his/her seventeenth birthday.[90]  Juveniles adjudicated delinquent for criminal offenses (or violating the ensuing court order) may lose their license, or have it restricted, until their eighteenth birthday.[91]

            A juvenile whose license is suspended must surrender his or her license to the court.[92]  So long as the adjudication that was the cause of the license suspension was not related to the operation of a motor vehicle, there will be no increase to the juvenile’s insurance premium.[93] Driver’s license restrictions are at the discretion of the court and must be clearly recorded by the DMV, which will then re-issue a license reflecting these restrictions to the juvenile.[94]

 

Sex Offenders

Can a juvenile be required to register as a sex offender in South Carolina?

            South Carolina has a sex offender registry maintained by SLED.[95]  The purpose of the registry is to “promote the state's fundamental right to provide for the public health, welfare, and safety of its citizens.”[96]  Any juvenile may be placed on the registry if they have been adjudicated delinquent for certain crimes.[97] Juveniles found not guilty by reason of insanity are not required to register unless later deemed sane or ordered to register by a judge.[98]

            The registry statute contains a “catch all” provision allowing a judge to order registration of a juvenile adjudicated delinquent for any crime not mentioned upon good cause shown.[99]  These rules apply to any person residing in the State, regardless of where the adjudication or plea originally occurred.[100]

How is juvenile information maintained on the sex offender registry?       

            Juveniles found guilty of first or second degree criminal sexual conduct, first or second degree criminal sexual conduct with minors, engaging a child for sexual performance, producing, directing or promoting sexual performance by a child, or kidnapping are placed upon the public registry.[101]  Juveniles adjudicated delinquent for third degree criminal sexual conduct, assaults with intent to commit criminal sexual conduct, committing or attempting lewd act upon a child under sixteen, peeping, incest, buggery, violations of Article 3, Chapter 15 of Title 16 involving a minor, which are felonies, or indecent exposure are placed upon a non-public registry, wherein registry information is provided only to a select group of people.[102]  Juveniles who are under the age of twelve at the time of their adjudications, and are adjudicated for a first offense for a crime enumerated under Section 23-3-430(C) are placed on the non-public registry.[103]  Subsequent adjudications for juveniles age twelve and older for those same crimes lead to placement on the public registry.[104]  Both non-public and public registry information is available to law enforcement.[105]

What does registry entail?

            The South Carolina Sex Offender Registry requires bi-annual registration for life[106] except for persons who qualify as Tier III offenders under the federal Adam Walsh Child Protection and Safety Act of 2006.[107]  For those individuals, registration must occur every ninety days.[108] Juveniles who are required to register must register within one business day of being released from DJJ or the SCDOC, or from the date of sentencing.[109]  Juvenile offenders must register with the sheriff in the county in which they reside, any county in which they own real property and in any county where they attend any school.[110]  Juveniles must also register in any county where they are employed, enrolled in school, or volunteer, intern or work at a school within three days of enrollment or of acquiring property.[111]   If an offender moves, notice must be given to the county of prior residence and the sheriff of the new county of residence within three business days of the move.[112]  Certain sex offenders must also abide by residency restrictions that prohibit them from living within one thousand feet of schools, daycare centers, children’s recreational facilities, parks or public playgrounds.[113]  Penalties for failure to register or for violating a residency restriction may include fines and/or imprisonment.  There is no means for a person placed on the lifetime registry to be removed absent their conviction being overturned.[114]

Can juveniles be required to submit to electronic monitoring?

            In addition to being placed upon the sex offender registry for life, juveniles may be required to submit to lifetime electronic monitoring as a result of being adjudicated for certain sex offenses after July 1, 2006.[115] Juveniles who are placed on the registry prior to July 1, 2006 are also subject to electronic monitoring if, after July 1, 2006, they either violate their probation or parole or any other provision of the registry laws.[116]

            Electronic monitoring is mandatory in cases where the juvenile’s is convicted or adjudicated delinquent for criminal sexual conduct with a minor in thefirst degree or a lewd act on a minor.[117]    In cases where a juvenile is adjudicated delinquent for certain other offenses for which registry is required, monitoring is discretionary.[118]  DJJ contracts with PPP to monitor juveniles who are required to be monitored while they are on probation or parole.  After the term of probation or parole has expired, the juvenile will be monitored by PPP.  Some juveniles who are placed on electronic monitors may apply for removal of the device after a proscribed period of time, while other juveniles adjudicated delinquent for other offenses that require lifetime monitoring have no ability to seek relief.[119]  Failure to comply with electronic monitoring requirements may result in fines and/or imprisonment.[120]  South Carolina currently utilizes active GPS monitoring to fulfill this statutory requirement.

Does South Carolina have sex offender laws pertaining to internet access?

            South Carolina has recently adopted laws that target online predators.  This law, referred to as “E-STOP”,[121] requires registered sex offenders to provide, at the time of each registration, information regarding their internet accounts.[122]  Changes in account information must be reported and failure to provide notification of an account, change in/of an account, or providing false information  is cause for punishment, as outlined in Section 23-3-475.[123]  Internet providers may request a list of registered sex offenders or information concerning a particular sex offender from SLED.[124]  Further, juveniles who commit sexual offenses against victims who are under the age of eighteen (or are “reasonably believed to be under the age of eighteen at the time of the offense”) must, upon adjudication, be ordered as a part of their probation or parole not to use the internet to “access social networking websites, communicate with other persons or groups for the purpose of promoting sexual relations with persons under the age of eighteen, and communicate with a person under the age of eighteen when the person is over the age of eighteen.” [125] An individual may be allowed by the court to communicate with a minor of whom they are the parent, grandparent or guardian.[126]                                                                                      

Can juvenile sex offenders be subject to a civil commitment process?

            In addition to sex offender registration and electronic monitoring, juvenile adjudications for sex offenses may lead to civil commitment under the Sexually Violent Predator Act (“SVPA”).[127]

            Juveniles who have been adjudicated delinquent for an offense included within the purview of the SVPA[128] and committed for either a determinate or indeterminate period of time will be reviewed under this Act prior to release.[129]  Persons committed under the Act may appeal this finding; however, those who remain committed are eligible to be kept in confinement until the Department of Mental Health (“DMH”) determines that “the person’s mental abnormality or personality disorder has so changed that the person is safe to be at large[.]”[130]  The mental fitness of a person committed under this Act is to be examined yearly.[131]  A juvenile who is found to be a sexually violent predator but not committed to the custody of the State must be photographed every ninety days by the sheriff in the county where he or she resides.[132]

Can a juvenile adjudication ever count towards death penalty eligibility in South Carolina?

            Finally, South Carolina law provides that a person who is guilty of criminal sexual conduct with a minor in the first degree is eligible to receive the death penalty in certain cases.  A prior adjudication of delinquency for such an offense w/ a minor under the age of eleven may constitute an aggravating circumstance making that person death penalty eligible.[133]

 

DNA Testing

Are juveniles ever required to provide DNA samples to the state?

            SLED maintains a state DNA database.[134]Any juvenile adjudicated delinquent for any felony offense, offense punishable by a sentence of at least five years, eavesdropping, peeping or stalking, or who is otherwise ordered by the court to do so is required to provide a DNA sample for inclusion in the database.[135]  Samples are to be taken at an approved location by a trained professional and submitted to SLED. Should the sample be lost, damaged, contaminated, or unusable, a juvenile may be compelled to provide an additional sample.[136]  Those persons from whom DNA is taken are responsible for the costs associated with sample collection.[137]   Under certain circumstances, DNA records may be expunged.[138]

Are juveniles entitled to “post-conviction” DNA testing?

            A juvenile who is adjudicated delinquent for one of twenty-four enumerated crimes may request post-conviction DNA testing on his or her DNA and/or any biological materials or physical evidence related to his or her adjudication.[139]  This request must be made within seven years of the date of sentencing.[140]  Applications for this testing are filed in family court and must explain why such testing would constitute new evidence that would be useful in overturning the adjudication, and not merely evidence that is cumulative or impeaching.[141]  Biological and physical evidence relating to an adjudication of delinquency is statutorily protected and must be properly preserved.[142]  Should the test result in new evidence, the state is protected from any claim for damages absent gross negligence or intentional misconduct.[143]  While the new evidence may be presented at a hearing or trial, it is not independently sufficient to grant “any relief from conviction.”[144]

 

 




[1]S.C. Code Ann. § 63-3-510(A)(3) (2010).

[2]S.C. Code Ann. § 63-19-810(A) (2010).

[3]S.C. Code Ann. § 63-1-40(1) (2010).

[4]S.C. Code Ann. § 63-19-20(1) (2010).

[5]Id.

[6]S.C. Code Ann. § 63-19-1210(2) (2010).

[7]S.C. Code Ann. § 63-19-1210 (3) (2010).

[8]S.C. Code Ann. § 63-19-1210(6) (2010).

[9]Slocumb v. State, 522 S.E. 2d 809 (S.C. 1999).

[10]S.C. Code Ann. § 63-19-1210 (5)(2010).

[11]Id at § (10).

[12]Id at §§ (4),(5),(6),(7),(8),(9),(10).

[13]Id. at § (9).

[14]State v. Pittman, 647 S.E. 2d 144 (S.C. 2007).

[15]Id. at 559.

[16]State v. Lamb, 649 S.E. 2d 486 (S.C. 2007).

[17]S.C. Code Ann. § 63-19-1410 (C) (2010).

[18]S.C. Code Ann. § 63-19-1410(C) (2010).

[19]S.C. Code Ann. § 63-19-2050(A) (2010).

[20]“The imposition of a sentence may have a number of collateral consequences, however, and a plea of guilty is not rendered involuntary in a constitutional sense if the defendant is not informed of the collateral consequences.”  Brown v. State, 412 S.E. 2d 399 (1991).

[21]S.C. Code Ann. § 23-3-110 (2007).

[22]South Carolina Law Enforcement Division, Frequently Asked Questions, http://www.sled.sc.gov/GeneralInformationFAQ.aspx?MenuID=GeneralInformation.

[23]S.C. Code Ann. § 23-3-120 (Supp. 2009).

[24]S.C. Code Ann. § 63-19-2010 (2010).

[25]Id.

[26]Id.

[27]S.C. Code Ann. § 63-19-2020 (A) (2010).

[28]S.C. Code Ann. § 63-19-2020(B) (2010).

[29]Id.

[30]Id.

[31]S.C. Code Ann. § 63-19-2020(C) (2010).

[32]S.C. Code Ann. § 63-19-2020(D) (2010).

[33]S.C. Code Ann. § 63-19-2020(E)(1) (2010).

[34]S.C. Code Ann. § 63-19-2020(E)(2) (2010).

[35]S.C. Code Ann. § 63-19-2020(E)(2)(a) (2010)

[36]S.C. Code Ann. § 63-19-2020(E)(2)(c) (2010).

[37]S.C. Code Ann. § 63-19-2020(E)(2)(b) (2010).

[38]S.C. Code Ann. § 63-19-2020(F) (2010).

[39]Id.

[40]S.C. Code Ann. § 63-19-2020(I) (2010).

[41]Id.

[42]S.C. Code Ann. § 63-19-2030 (2010).

[43]S.C. Code Ann. § 63-19-2030(A) (2010).

[44]S.C. Code Ann. § 63-19-2030 (B)(2010).

[45]S.C. Code Ann. § 63-19-2030(C) (2010).

[46]S.C. Code Ann. § 63-19-2030(D) (2010).

[47]S.C. Code Ann. § 63-19-2030(E) (2010).

[48]Id.

[49]Id.

[50]S.C. Code Ann. § 63-19-2020 (2010).

[51]S.C. Code Ann. § 63-19-2030 (F) (2010).

[52]Id.

[53]S.C. Code Ann. § 63-19-2030(J) (2010).

[54]S.C. Code Ann. § 63-19-2030(G) (2010).

[55]Id.

[56]S.C. Code Ann. § 63-19-2030(G)(2) (2010).

[57]S.C. Code Ann. § 63-19-2030(H) (2010).

[58]S.C. Code Ann. § 63-19-2030(I) (2010).

[59]S.C. Code Ann. § 63-19-2030(L) (2010).

[60]S.C. Code Ann. § 63-19-2030(J) (2010).

[61]S.C. Const. art. 1, §9.

[62]Ex Parte Columbia Newspapers, Inc., 333 S.E. 2d 337( S.C. 1985).

[63]S.C. Code Ann. § 63-19-2050(A) (2010).

[64]Id.

[65]Id.

[66]S.C. Code Ann. § 63-19-2050(B) (2010).

[67]S.C. Code Ann. § 63-19-2050(A) (2010).

[68]S.C. Code Ann. § 63-19-2050(C) (2010).

[69]Id.

[70]Id.

[71]S.C. Code Ann. § 63-19-1440(E) (2010).

[72]S.C. Code Ann. § 59-1-10 (2004).

[73]S.C. Code Ann. § 59-63-217 (2004).

[74]Id.

[75]Id.       

[76]S.C. Code Ann. § 59-63-210 (2004).

[77]S.C. Code Ann. § 59-63-235 (2004).

[78]S.C. Code Ann. § 59-63-235 (2004).

[79]S.C. Code Ann. § 59-63-370(1) (2004).

[80]S.C. Code Ann. § 59-63-370(3) (2004).

[81]S.C. Code Ann. § 59-63-370(4) (2004).

[82]Id.

[83]SeeS.C. Code Ann. §59-63-1320(3) (2010); S.C. Code Ann. § 59-63-1330 (2010).

[84]University of South Carolina, Palmetto Fellows Scholarship Guidelines, http://www.sc.edu/financialaid/palmetto.html#Terms of Eligibility

[85]S.C. Code Ann. § 59-104-20(B) (Supp. 2009).

[86]Id.

[87]S.C. Code Ann. § 59-142-10 (Supp. 2009).

[88]S.C. Code Ann. § 63-3-520(A) (2010).

[89]S.C. Code Ann. § 63-3-520(B) (2010).

[90]S.C. Code Ann. § 63-19-1420(A) (2010).

[91]S.C. Code Ann. § 63-19-1420(B) (2010).

[92]S.C. Code Ann. § 63-19-1420(C) (2010).

[93]Id.

[94]S.C. Code Ann. § 63-19-1420(D) (2010).

[95]S.C. Code Ann. § 23-3-410 (1989).

[96]S.C. Code Ann. § 23-3-400 (1989); the registry can be found online at http://services.sled.sc.gov/sor

[97]These crimes include criminal sexual conduct in the first degree (S.C. Code Ann. § 16-3-652), criminal sexual conduct in the second degree (S.C. Code Ann. § 16-3-653), criminal sexual conduct in the third degree (S.C. Code Ann. § 16-3-654), criminal sexual conduct with minors, first degree (S.C. Code Ann. § 16-3-655(1)), criminal sexual conduct with minors, second degree. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in S.C. Code Ann. § 16-3-655(3) provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article, engaging a child for sexual performance (S.C. Code Ann. § 16-3-810), producing, directing, or promoting sexual performance by a child (S.C. Code Ann. § 16-3-820),criminal sexual conduct: assaults with intent to commit (S.C. Code Ann. § 16-3-656), incest (S.C. Code Ann. § 16-15-20), buggery (S.C. Code Ann. § 16-15-120), committing or attempting lewd act upon child under sixteen (S.C. Code Ann. § 16-15-140), peeping, voyeurism, or aggravated voyeurism (S.C. Code Ann. § 16-17-470), violations of Article 3, Chapter 15 of Title 16 involving a minor, a person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender, kidnapping (S.C. Code Ann. § 16-3-910) of a person eighteen years of age or older except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense, kidnapping (S.C. Code Ann. § 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent, criminal sexual conduct when the victim is a spouse (S.C. Code Ann. § 16-3-658), sexual battery of a spouse (S.C. Code Ann. § 16-3-615), sexual intercourse with a patient or trainee (S.C. Code Ann. § 44-23-1150), criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to: (a) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in S.C. Code Ann. § 16-15-375(5) or (b) perform a sexual activity in the presence of the person solicited (S.C. Code Ann. § 16-15-342), or administering, distributing, dispensing, delivering, or aiding, abetting, attempting, or conspiring to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit a crime listed in S.C. Code Ann. § 44-53-370(f), except petit larceny or grand larceny; or any other offense specified by Title I of the federal Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248), the Sex Offender Registration and Notification Act (SORNA).

[98]S.C. Code Ann. § 23-3-430(A)(2007).

[99]S.C. Code Ann. § 23-3-430(D) (2007).

[100]S.C. Code Ann. § 23-3-430(A)(2007).

[101]S.C. Code Ann. § 23-3-490(D)(1) (2007).

[102]S.C. Code Ann. § 23-3-490(2) (2007).

[103]S.C. Code Ann. § 23-3-490(3) (2007).

[104]S.C. Code Ann. § 23-3-490(4) (2007).

[105]S.C. Code Ann. § 23-3-490(5) (2007).

[106]S.C. Code Ann. § 23-3-460(A) (Supp. 2009).

[107]S.C. Code Ann. § 23-3-460(B) (Supp. 2009).

[108]Id.

[109]S.C. Code Ann. § 23-3-440(1) (2007)

[110]S.C. Code Ann. § 23-3-450 (2007).

[111]Id.

[112]S.C. Code Ann. § 23-3-460 (C) (Supp. 2009).

[113]S.C. Code Ann. § 23-3-535 (Supp. 2009).

[114]2006 S.C. Acts 346, §9.

[115]S.C. Code Ann. §§ 23-3-540 to 23-3-545. (Supp. 2009).

[116] Id. 

[117]S.C. Code Ann. § 23-3-540(C) (Supp. 2009).

[118]S.C. Code Ann. § 23-3-540(B) (Supp. 2009).

[119]S.C. Code Ann. § 23-3-540(H) (Supp. 2009).

[120]S.C. Code Ann. § 23-3-540 (I)(Supp. 2009)..

[121]Electronic Securing and Targeting of Online Predators Act at S.C. Code Ann. § 23-3-555 (2010).

[122]Id.

[123]S.C. Code Ann. § 23-3-555(B)(3) (2010).

[124]S.C. Code Ann. §§ 23-3-555(C) (1),(2) (2010).

[125]S.C. Code Ann. § 23-3-555(D) (2010).

[126]Id.

[127]S.C. Code Ann. §§ 44-48-10 to 44-48-170 (Supp. 2009).

[128]Which may include “any offense for which a judge makes a specific finding on the record that based on the circumstances of the case, the person’s offense should be considered a sexually violent offense.” S.C. Code Ann. § 44-48-30(2)(o) (Supp.2009).

[129]S.C. Code Ann. § 44-48-40 (Supp. 2009).

 

[130]S.C. Code Ann. § 44-48-120 (Supp. 2009).

[131]S.C. Code Ann. § 44-48-110 (Supp. 2009).

[132]S.C. Code Ann. § 23-3-460(A) (Supp. 2009)..

[133]S.C. Code Ann. §16-3-655(C)(1) (Supp. 2009).

[134]S.C. Code Ann. § 23-3-610 (Supp. 2007).

[135]S.C. Code Ann. § 23-3-620(A) (Supp. 2009).

[136]S.C. Code Ann. § 23-3-620 (Supp. 2009).

[137]S.C. Code Ann. § 23-3-670 (Supp. 2009)..

[138]S.C. Code Ann. § 23-3-660 (Supp. 2009)..

[139]S.C. Code Ann. § 17-28-30 (Supp. 2009).

[140]Id.

[141]S.C. Code Ann. § 17-28-40 (Supp. 2009).

[142]S.C. Code Ann. § 17-28-70 (Supp. (2009).

[143]S.C. Code Ann. § 17-28-110(C) (Supp. 2009).

[144]Id.

Resources/Links

South Carolina Department on Indigent Defense
http://www.sccid.sc.gov/public-defenders.cfm
The United States Attorney's Office- District of South Carolina
http://www.justice.gov/usao/sc/
The South Carolina Department of Juvenile Justice
http://www.state.sc.us/djj/
South Carolina Department of Corrections- Division of Young Offender Services
http://www.doc.sc.gov/programs/young.jsp
Friends of Juvenile Justice
http://fjj.publishpath.com/