South Carolina Laws Regarding Registration
Who must register?
What information must registrants provide?
How frequently must they register? And for how long?
Quarterly/biannually 23-3-460(A)(B) *
For life 23-3-460(A) *
https://www.scstatehouse.gov/code/t23c003.php
Does the state categorize registrants by levels/tiers?
Yes, Tier I, II, and III; Tiers are determined by the offense committed.
34-4-430(C)*
Does the state use risk assessment when assigning tiers or levels to registrants?
No.
Do any registrants remain privately registered? If so, who?
No.
Is there a registration fee?
Yes
$150 Annually. Can be exempted if below poverty level.
Section 62.10 of the State Appropriations Act
https://www.scstatehouse.gov/sess124_2021-2022/appropriations2021/tap1b.htm
Are there special restrictions for registrants even after supervision?
Residency 23-3-535 *
Against living in campus housing, state supported 23-3-465 *
Release to public, to newspapers 23-3-490 *
Electronic monitoring 23-3-540 *
Internet identifiers 23-3-555d *
https://www.scstatehouse.gov/code/t23c003.php
Fees 62 D100 62.10
http://scstatehouse.gov/query.php?search=DOC&searchtext=62.22&category=BUDGET&year=2017&version_id=7&return_page=&version_title=Appropriation%20Act&coniSd=8882929&result_pos=0&keyval=37068&numrows=50
Is there a process for removal from the registry? If so, who qualifies and what is the process?
Yes. The process is tier-dependent.
People classified as Tier I may petition the State Law Enforcement Division (SLED) after being on the registry for 15 years.
People classified as Tier II may petition SLED after being on the registry for 25 years.
Removal by SLED requires successful completion of any required sex offender treatment program, no failure to register charges in the prior 10 years, and no additional sexual offenses committed after first being placed on the registry. Denial of a petition to SLED can be appealed to the circuit court.
People classified as Tier III must petition the circuit court for removal.
What is the registration requirement for someone with a sexual offense who is visiting the state?
You must register if you reside in the state for 30 days in any calendar year.
What is the registration requirement for someone with a sexual offense who will be moving to the state to live or to attend school?
Within three days 23-3-460(G) *
https://www.scstatehouse.gov/code/t23c003.php
State Laws Regarding Sexual Offenses and Offenders, other than registration
What sexual offenses can people be convicted of, and what are the ranges of sentences?
16-3-652 – 659; 16-3-755; 16-3-800 – 820
https://www.scstatehouse.gov/code/t16c003.php
Does the state have lifetime supervision?
Lifetime electronic monitoring can be allowed for those on lifetime registration 23-3-540(H) *
https://www.scstatehouse.gov/code/t23c003.php
Does the state have indeterminate sentencing?
What are the state civil commitment laws?
Title 44 44-48-10 – 44-48-170
https://www.scstatehouse.gov/code/t44c048.php
See also
http://www.scag.gov/sexually-violent-predator
What is the age of consent?
Age 16 16-3-655(2)
https://www.scstatehouse.gov/code/t16c003.php
Are there “Romeo and Juliet” laws or other laws specific to young people?
In general, in order for juveniles to be charged for various sexual crimes against other juveniles, the victim must be at least four years younger than the person. In addition, there are exceptions in some of the offenses if the sexual acts were consensual.
See 16-3-655
Mistake of age may be used as a defense in some cases.
Are felons allowed to vote? If so, when is this right restored?
Yes, after prison, parole, and probation
https://www.scjustice.org/people-felony-records-can-vote-south-carolina-heres/
What does the state say about persons who are required to register?
Law enforcement FAQs (must click Agree and complete a Captcha before you can actually get to the FAQ)
http://scor.sled.sc.gov/FAQs.aspx
https://www.dppps.sc.gov/Offender-Supervision/Supervision-Strategies/Sex-Offender-Management
How does the state’s legislative process work?
https://www.scstatehouse.gov/publicationspage/Booklet_2010_14thedition.pdf
https://www.scstatehouse.gov/studentpage/What/What.shtml
How can I locate legislation regarding sexual offense issues?
https://www.scstatehouse.gov/query.php
https://www.scstatehouse.gov/legislation.php
https://www.scstatehouse.gov/multicriteria2/search.php
Best keywords are:
Sex offender; sexual offense; registry
How to sign up for notifications of bill movement:
Offers free tracking services for bills and committees:
https://www.scstatehouse.gov/listtracking/main.php
Most important legislative committees for our issues are:
House judiciary
https://www.scstatehouse.gov/CommitteeInfo/housejudiciary.php
Senate judiciary
https://www.scstatehouse.gov/CommitteeInfo/senatejudiciary.php
Joint Sentencing reform oversight
https://www.scstatehouse.gov/publicationspage/JtSpecCommList.pdf
Contact info for state legislators can be found at:
Senate
https://www.scstatehouse.gov/member.php?chamber=S
House
https://www.scstatehouse.gov/member.php?chamber=H
Other Useful State Information
Contact information for state registry office
SOUTH CAROLINA LAW ENFORCEMENT DIVISION
4400 BROAD RIVER ROAD
COLUMBIA, SC 29210
803-896-2601
Email form at link (must accept terms, do captcha, choose contact)
http://WWW.SLED.SC.GOV
http://scor.sled.sc.gov/ContactUs.aspx