South Carolina H 3130: Conditional release

Bill Text

2025-2026 Bill 3130 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3130

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 ADDING ARTICLE 
4 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF 
CORRECTIONS MAY CONDITIONALLY RELEASE INMATES WHO ARE SERVING SENTENCES FOR THE 
UNLAWFUL POSSESSION, MANUFACTURE, SALE, OR DISTRIBUTION OF CONTROLLED 
SUBSTANCES, AND OFFER THE INMATES THE OPPORTUNITY TO ENROLL IN CHEMICAL 
DEPENDENCY TREATMENT PROGRAMS.

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

SECTION 1. Chapter 13, Title 24 of the S.C. Code is amended by 
adding:

Article 4

Conditional 
Release

 Section 
24-13-310. (A) The Director of the 
Department of Corrections may release an inmate committed to the department's 
custody upon a petition by the inmate before his scheduled supervised release 
date or target release date if he:

 (1) 
is serving a sentence for the unlawful possession, manufacture, sale, or 
distribution of a controlled substance;

 (2) 
committed the crime as a result of a controlled substance addiction;

 (3) 
has served at least thirty six months or one half of his term of imprisonment, 
whichever is less;

 (4) 
successfully has completed a chemical dependency treatment program of the type 
described in this section while in prison;

 (5) 
has not previously been conditionally released under this section; and

 (6) 
has not within the past ten years been convicted of a violent crime.

 (B) 
The director shall offer an inmate meeting the criteria contained in subsection 
(A), the opportunity to begin a suitable chemical dependency treatment program 
of the type described in this section within one hundred sixty days after the 
inmate's term of imprisonment begins or as soon after this period as possible.

 (C) 
The chemical dependency treatment program must:

 (1) 
contain a highly structured daily schedule for the inmate;

 (2) 
contain individualized educational programs designed to improve the basic 
educational skills of the inmate and to provide vocational training, if 
appropriate;

 (3) 
contain programs designed to promote the inmate's self worth and the inmate's 
acceptance of responsibility for the consequences of his decisions;

 (4) 
be licensed by the Department of Public Health and designed to serve the inmate 
population; and

 (5) 
require that the inmate submit to a chemical use assessment and that he 
receives the appropriate level of treatment as indicated by the assessment.

 (D) 
The director shall expel from the chemical dependency treatment program an 
inmate who:

 (1) 
commits a material violation of or repeatedly fails to follow the rules of the 
program;

 (2) 
commits a criminal offense while in the program; or

 (3) 
presents a risk to other inmates based on the inmate's behavior or attitude.

 (E) 
To be eligible for release under this section, an inmate shall sign a written 
contract with the director agreeing to comply with the requirements of this 
section and the conditions imposed by the director. The contract must 
specifically refer to the term of imprisonment extension contained in 
subsection (F). In addition, the inmate shall agree to submit to random drug 
and alcohol tests and electronic or home monitoring as determined by the 
director or the inmate's supervising agent. The director may impose additional 
requirements on the inmate that are necessary to carry out the goals of this 
section.

 (F) 
When an inmate fails to complete successfully the chemical dependency treatment 
program under this section, the director shall add the time that the inmate was 
participating in the program to the inmate's term of imprisonment. However, the 
inmate's term of imprisonment may not be extended beyond his sentence.

 (G) 
The director may deny conditional release to an inmate under this section if he 
determines that the inmate's release may pose a danger to the public or an 
individual. The director shall consider whether the inmate was involved in 
criminal gang activity during the inmate's prison term. The director also shall 
consider the inmate's custody classification and level of risk of violence and 
the availability of appropriate community supervision for the inmate. 
Conditional release granted under this section continues until the inmate's 
sentence expires, unless release is rescinded under subsection (H). The 
director may not grant conditional release unless a release plan is in place 
for the inmate that addresses, at a minimum, plans for aftercare, community based 
chemical dependency treatment, gaining employment, and securing housing.

 (H) 
The conditions of release granted under this section are governed by the 
statutes and rules governing sup