South Carolina General Assembly
113th Session, 1999-2000

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Bill 4691

Indicates Matter Stricken
Indicates New Matter

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Indicates Matter Stricken

Indicates New Matter

RECALLED

May 31, 2000

H. 4691

Introduced by Reps. Jennings, Harrison, Altman and Knotts

S. Printed 5/31/00--H.

Read the first time May 23, 2000.

            

A BILL

TO AMEND SECTION 24-21-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE.

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

SECTION 1. Section 24-21-280 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-21-280. (A) A probation agent must investigate all cases referred to him for investigation by the judges or. director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation, parole, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require.

(B) A probation agent must have has, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and, to the extent necessary, the same right to execute process given by law to sheriffs. A probation agent has the power and authority to enforce the criminal laws of the State. In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department, and the board."

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

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