South Carolina H 3549: Pretrial Intervention, limits removed

Bill Text

2025-2026 Bill 3549 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3549

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTIONS 17-22-50 AND 17-22-60, BOTH RELATING TO ELIGIBILITY OF PERSONS WHO MAY 
PARTICIPATE IN PRETRIAL INTERVENTION PROGRAMS, BOTH SO AS TO REMOVE THE LIMITATION 
ON PERSONS PREVIOUSLY ACCEPTED INTO AN INTERVENTION PROGRAM SO THAT PERSONS MAY 
PARTICIPATE MORE THAN ONCE.

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

SECTION 1. Section 17-22-50 of the S.C. Code is amended to read:

 Section 
17-22-50. (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)(1) blackmail;

 (b)(2) driving under the influence or driving with an 
unlawful alcohol concentration;

 (c)(3) a traffic-related offense which is punishable only by 
fine or loss of points;

 (d)(4) 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)(5) a crime of violence as defined in Section 16-1-60; or

 (f)(6) 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.

 (C) A person may participate in a 
pretrial intervention program pursuant to the provisions of this article, or 
any other provision of law related to eligibility of pretrial intervention 
participation, more than once.

SECTION 2. Section 17-22-60 of the S.C. Code is amended to read:

 Section 
17-22-60. Intervention is appropriate only wherewhen:

 (1) 
there is substantial likelihood that justice will be served if the offender is 
placed in an intervention program;

 (2) 
it is determined that the needs of the offender and the State can better be met 
outside the traditional criminal justice process;

 (3) 
it is apparent that the offender poses no threat to the community;

 (4) 
it appears that the offender is unlikely to be involved in further criminal 
activity;

 (5) 
the offender, in those cases where it is required, is likely to respond quickly 
to rehabilitative treatment;

 (6) 
the offender has no significant history of prior delinquency or criminal 
activity;

 (7) the offender has not 
previously been accepted in a pretrial intervention program.

SECTION 3. This act takes effect upon approval 
by the Governor and applies to persons who participated in an intervention 
program before the effective date of this act.

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This web page was last updated on December 06, 2024 at 12:36 PM