Vol. 5, No. 4, Pg. 19. South Carolina's New Presentence Investigation Requirements.

• Author: By Richard P. Stroker

South Carolina Lawyer

1994.

Vol. 5, No. 4, Pg. 19.

South Carolina's New Presentence Investigation Requirements

19South Carolina's New Presentence Investigation RequirementsBy Richard P. StrokerOn July 1, 1993, the Comprehensive Community Control System Act of 1993 (Act) became law. As part of this Act, the Department of Probation, Parole and Pardon Services (the Department) is required to conduct a presentence investigation (PSI) on every offender who faces a maximum incarceration period of not less than three or more than 15 years, for a Class D, E or F felony or class A misdemeanor offenses. The PSI must include pertinent information about the offender and a recommendation on his or her suitability for various community supervision options. The Department implemented its PSI process on October 1, 1993.

Background

Under the legislation that created it (1942 Code § 1038, et. seq.), the Department was to perform PSIs "when directed by the court." Until recently, these requests have been rare--averaging 140 per year during the past decade--in contrast to the number of criminal offenders (22,000 in 1992) who were sentenced to probation, incarceration or some combination of the two.

In the Community Corrections Act of 1981 (§ 24-23-30(e)), the legislature indicated its interest in an "expanded use of presentence investigations and their role and potential for increasing the use of community based programs, restitution and victim assistance." Under § 24-23120, a judge was required to order a presentence investigation for defendants with mental disorders, retardation or a substantial handicap.

The legislature's interest in PSIs was reiterated in 1986 in the Omnibus Criminal Justice Improvements Act. In 1988, the Department attempted to institute its own PSI procedure, which it labeled the Court Intake Process. This effort met with only marginal support and later was abandoned.

Sentencing Options

The Act requires that PSIs to be completed and reviewed by the court before sentencing as appropriate. When a person is convicted in South Carolina, the court has a variety of sentencing options:

* Incarceration for a specified term, which can be reduced by good time credits, earned work and earned education credits accumulated by the offender. With some exceptions, nonviolent offenders are eligible for parole after serving one-fourth of their terms; violent offenders must serve one-third of...