Upon such arrest the court, or the court within the venue of which the violation occurs, shall cause the defendant to be brought before it and may revoke the probation or suspension of sentence and shall proceed to deal with the case as if there had been no probation or suspension of sentence except that the circuit judge before whom such defendant may be so brought shall have the right, in his discretion, to require the defendant to serve all or a portion only of the sentence imposed. Should only a portion of the sentence imposed be put into effect, the remainder of such sentence shall remain in full force and effect and the defendant may again, from time to time, be brought before the circuit court so long as all of his sentence has not been served and the period of probation has not expired.
S.C. Code Ann. § 24-21-460
Court action when terms of probation violated
Applied in 8 court decisions — leading case State v. Allen (2006)
Most recently applied in Hayes v. State (July 2015)
1962 Code SECTION 55-596; 1952 Code SECTION 55-596; 1942 Code SECTION 1038-4; 1942 (42) 1456; 1949 (46) 311; 1959 (51) 320.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.