S.C. Code Ann. § 17-22-50

Persons not to be considered for intervention

Known as the Pretrial Intervention Act

The act spans §§ 17-22-10 to 17-22-90 (17 sections).

Applied in 3 court decisions — leading case State v. Joseph (1997)

Most recently applied in State v. Tootle (May 1998)

1980 Act No. 360, SECTION 6; 1982 Act No. 421, SECTION 1; 1985 Act No. 106, SECTION 1; 1992 Act No. 453, SECTION 3; 1992 Act No. 499, SECTION 3; 2003 Act No. 92, SECTION 4, eff …

(A) A person must not be considered for intervention if:

(1) he previously has been accepted into an intervention program; or

(2) the person is charged with:

(a) blackmail;

(b) driving under the influence or driving with an unlawful alcohol concentration;

(d) a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1120;

(e) a crime of violence as defined in Section 16-1-60; or

(f) an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.

(B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.