S.C. Code Regs. § § 130-50

Current through Register Vol. 48, No. 10, October 25, 2024

Section 130-50 - Hearing Officer Qualifications and Preliminary Hearing Procedures

A. Hearing Officer Qualifications

(1) The hearing officer will be an employee of the Department with a Master's Degree and five (5) years of probation, parole, law enforcement or related experience; or a Bachelor's Degree and seven (7) years of probation, parole, law enforcement, or related experience.

B. Procedures for Preliminary Hearings

(1) When constitutionally required, the hearing officer will conduct preliminary hearings to determine probable cause on alleged violations committed by individuals under the supervision of the Department and as otherwise required by law. This includes, but is not limited to, violations concerning probation, parole and community supervision. The hearing officer will also conduct preliminary hearings and final revocation hearings for supervised furlough, youthful offender conditional release cases, and such other hearings as required by law. The hearing officer will determine the utilization of administrative sanctions where appropriate; identify problem behaviors and offer remedies whenever possible; and either determine those cases which are to be finally decided within the Department's jurisdiction, or make recommendations on those cases which must be finally decided by the Board of Probation, Parole and Pardon Services, or by the Court. The hearing officer will ensure that individuals charged with violations of their supervision conditions and scheduled for a preliminary hearing are afforded due process of law. This includes:

(a) written notice of the claimed violations,

(b) written notice that a hearing will take place and that its purpose is to determine whether there is probable cause to believe the individual has committed a violation,

(c) the opportunity to appear and speak in his own behalf, and the opportunity to bring letters, documents or individuals who can give relevant information to the hearing officer,

(d) the opportunity to confront and cross-examine any adverse witnesses who appear on behalf of the State (unless the hearing officer finds the witness would be subjected to risk of harm), and

(e) a written summary or digest of what occurred at the preliminary hearing including the evidence relied upon and the determination of probable cause.

S.C. Code Regs. § 130-50

Added by State Register Volume 35, Issue No. 6, eff June 24, 2011.