Sentencing, Probation, Incarceration, and Parole
Sentencing. Once a defendant pleads "guilty" or is found "guilty" by trial, the judge will sentence him. A defendant convicted of a serious crime may be sentenced to time in prison, a fine, restitution, community service, a variety of other activities, or any combination of these. If the defendant is sentenced to prison, the judge might suspend that sentence. The judge may place the defendant on probation. Probation allows the defendant to avoid prison as long as he meets the terms of his probation. If the judge does not give the defendant probation and the defendant appeals his case, the judge may give him an appeal bond, and he could be released during his appeal. If the judge does not give the defendant probation and does not allow him an appeal bond, he begins serving his sentence immediately.
Probation. As an alternative to incarceration, a circuit judge may suspend a sentence and allow an offender to serve that sentence in the community under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS). As conditions of probation, the offender may have to meet certain requirements such as: meet regularly with a probation officer, undergo counseling, perform community service, make restitution to the victim(s), or have no contact with victim/victim’s family. If he/she fails to meet any of the requirements, he/she may be arrested for violating the conditions of probation. At a violation hearing, the case can be continued (possibly with more restrictions) or the case may be revoked, which means the offender will be sent to jail or the South Carolina Department of Corrections, depending on the amount of the sentence that was revoked. If you think an offender might be violating the terms of probation or have questions concerning the supervision of the offender, you can contact SCDPPPS (see Resources list).
Incarceration. While the convicted offender is incarcerated (locked up in prison as an inmate), victims and witnesses usually feel confident that they don’t have to be concerned about his whereabouts or activities. However, nearly all inmates eventually are released, after they serve their sentences or go on parole. The amount of time an inmate stays in prison may be shortened by his earning credits for good behavior, work activity, completing education classes, and/or receiving parole. If an inmate is sentenced to more than 90 days at the Department of Corrections, you can apply to the SC Department of Corrections (SCDC) Victim/Witness Notification Program (see Resources list) to be kept informed in the event of his escape or potential release. If you do not register, you will not be notified.
Parole. Inmates incarcerated on or after January 1, 1996 may not be eligible for parole due to the Truth-in-Sentencing Bill. Inmates incarcerated before this date may be eligible for parole after serving the required portion (which is determined by state law) of the sentence. If the inmate is serving for a violent (by statute) offense, he will be eligible after serving 1/3 of the sentence less any earned credits. For a non-violent (by statute) offense, he will be eligible after serving 1/4 of the sentence less any earned credits. Some inmates may not be eligible for parole if they are deemed to be subsequent violent offenders by the legal department at SCDPPPS.
| It is your responsibility to notify SCDC or DPPPS of any changes of your address or telephone number. |
You must register with SCDPPPS if you wish to be notified of parole hearings. Provided SCDPPPS has your current address, you will receive written notification 30 days prior to the parole hearing date. You may call SCDPPPS’s Office For Victim Services (see Resources list) to voice your opposition to parole or you may write letters or submit petitions from the community. Some victims are allowed by law to submit a video tape of their testimony. You may also attend the parole hearing and address the Parole Board in person if you wish to do so.
As of June 25, 1997, the Parole and Pardon Board will meet at SCDPPPS’s administrative offices located at 2221 Devine Street in Columbia, SC to review cases for parole. Victims who wish to attend the parole and pardon hearings will also go to this location. The Board will see and talk to the inmate and his family via videoconferencing.
If an inmate is denied parole, he may have another hearing in one year for non-violent offenses or in two years for violent offenses, provided they do not "max-out" their sentence before then.
If an inmate is granted parole, he will be released under the supervision of a parole officer and may have many of the same requirements and restrictions as an offender on probation. If he violates the terms of parole, a revocation hearing may be held and he may be sent back to prison.
Pardons. The South Carolina Parole and Pardon Board has the authority to grant or deny a pardon - not the Governor.
Probationers who have completed their supervision period (if the period was less than five years) or who have been on parole for five years (if their supervision period is longer than five years) may apply for a pardon. Inmates can only apply for a pardon under extraordinary circumstances. If an individual’s request for a pardon is denied, he may apply again in one year. There is no limit on the number of times an individual can apply.
The Death Penalty. Cases in which the State requests the death penalty are called capital cases. In capital case trials, the jury decides both the guilt or innocence of the defendant as well as his sentence. If the defendant is found "guilty," the trial will go into a sentencing phase, which is much like the original trial. His sentence may be either life in prison or death. In the event that an execution is carried out, three representatives of the family of a victim of the crime for which a death penalty was imposed may attend the execution. If there are multiple victims, the director may reduce the number of family representatives to one person for each victim’s family.
The Appeal Process. There are many steps in the appeal process. Some of those steps are in state court and others in federal court. It is even possible a case might be argued in front of the United States Supreme Court. Each case is unique and no set time frame exists for a decision to be rendered in an appeal. Death penalty appeals are often more complicated than normal appellate actions, but the Attorney General’s Office has victim assistance counselors to guide victims through the appeals process.
Anyone convicted of a crime has the right to an appeal, even someone who has pled guilty. A notice of appeal must be filed within 10 days of sentencing. The person you know as the defendant now becomes the appellant. The appellant’s attorneys raise issues claiming errors were made during the investigation or the trial. Briefs are written and submitted by the appellant’s attorneys and the Attorney General’s Office representing the state. Oral arguments may be heard before the SC Court of Appeals or the SC Supreme Court. The appellant is not present for oral arguments, but the proceeding is open to the public. The court does not issue an opinion at the end of the arguments. It might take a year for their written opinion to be published. Many appeals are decided on written legal briefs instead of oral argument. If the appellant loses the direct appeal, a Petition for Certiorari may be filed with the the US Supreme Court to review the decision of the state court.
The inmate becomes an applicant when a Post Conviction Relief (PCR) hearing is applied for. A public hearing is held in the local county of conviction in front of a circuit court judge and the applicant can be present. During this proceeding the applicant is requesting a new trial based on allegations of legal error or new evidence. In non-death penalty cases, the applicant can also use this hearing to request that his sentence be reduced by the Department of Corrections. If a circuit court judge does not grant PCR, the applicant can file a Petition for Certiorari in the SC Supreme Court and then the US Supreme Court to appeal the circuit court decision. Having exhausted avenues of relief through state courts, attorneys for the convicted may file an appeal in federal court, requesting the conviction be overturned. This action is called Writ of Habeas Corpus. The federal courts available in Habeas Corpus are the US District Court, the Fourth Circuit Court of Appeals, and the US Supreme Court. The federal appeals are seldom argued orally with briefs being filed on each party’s behalf.
It is important to remember, cases are reversed and remanded based on technicalities not on guilt or innocence issues.