| South Carolina Megan's
Law and Victim's Rights
(1)The right to respect
(2)The right to be informed
(3)The right to be present
(4)The right to be heard
"Section 24.
(A) To preserve and protect victims' rights to justice and due process
regardless of race, sex, age, religion or economic status, victims of crime have
the right to:
(1) Be treated with fairness, respect and dignity, and to be free from
intimidation, harassment or abuse throughout the criminal and juvenile justice
process, and to be informed of the victim's constitutional rights, provided by
statute;
(2) Be reasonably informed when the accused or convicted person is
arrested, released from custody or has escaped;
(3) Be informed of and
present at any criminal proceedings which are dispositive of the charges where
the defendant has the right to be present;
(4) Be informed of and be allowed
to submit either a written oral statement at all hearings affecting bond or
bail;
(5) Be heard at any proceeding involving a post-arrest release
decision, a plea or sentencing;
(6) Be reasonably protected from the accused
or persons acting on his behalf throughout the criminal justice process;
(7)
Confer with prosecution, after the crime against the victim has been changed,
before the trial or before any disposition and informed of the disposition;
(8) Have reasonable access after the conclusion of the criminal
investigation to all documents relating to the crime against the victim before
trial;
(9) Receive prompt and full restitution from the person or persons
convicted of the criminal conduct that caused the victim's loss or injury
including both adult and juvenile offenders;
(10) Be informed of any
proceeding when any post-conviction action is being considered, and be present
at any post-conviction hearing involving a post-conviction release decision;
(11) A reasonable disposition and prompt and final conclusion of the case;
(12) Have all rules governing criminal procedure and the admissibility of
evidence in all criminal proceedings protect victims' rights and have these
rules subject to amendment or repeal by the legislature to ensure protection of
these rights.
(B) Nothing in this section creates a civil cause of action on behalf of any
person against any public employee, public agency, the State or any agency
responsible for the enforcement of rights and provision of services contained in
this section. The rights created in this section may be subject to a writ of
mandamus, to be issued by any justice of the Supreme Court or Circuit Court
judge to require compliance by any public employee, public agency, the State, or
any agency responsible for the enforcement of the rights and provisions of these
services contained in this section, and a willful failure to comply with a writ
of mandamus is punishable as contempt. For purposes of this section:
(1) A
victim's exercise of any right granted by this section is not grounds for
dismissing any criminal proceeding or setting aside any conviction or sentence.
(2) "Victim" means a person who suffers direct or threatened physical,
psychological or financial harm as the result of the commission or attempted
commission of a crime against him. The term "victim" also includes the person's
spouse, parent, child or lawful representative of a crime victim who is
deceased, who is a minor or who is incompetent or who was a homicide victim or
who is physically or psychologically incapacitated.
(3) The General Assembly
has the authority to enact substantive and procedural laws to define, implement,
preserve and protect the rights guaranteed to victims by this section, including
the authority to extend any of these rights to juvenile proceedings.
(4) The
enumeration in the Constitution of certain rights for victims shall not be
construed to deny or disparage others granted by the General Assembly or
retained by victims.
| Contact Person: |
Captain Nita Danenburg- South Carolina Law Enforcement Division |
| Offenders Required to Register: |
Adults and juveniles convicted of certain sex and other offenses. |
| Information Collected: |
Name, photo, and statement of crime. |
| Administrating Agency: |
South Carolina Law Enforcement Division, Department of Corrections,
Department of Probation and Parole; Department of Juvenile Justice, 46 county
sheriffs, Department of Motor Vehicles and Federal agencies. |
| Timeframe for Registration: |
Within 24 hours of release; 10 days of sentencing to probation; 10 days of
entering state; 10 days of changing address; 10 days of moving out of the state;
10 days for juveniles not confined to a juvenile justice authority. |
| Applies to Out of State Offenders: |
Yes |
| Duration of Requirement: |
Life |
| Verification of Address: |
Offenders register annually with county sheriff. Must provide written notice
within 10 days of change of address. |
| Penalties for Non-Compliance: |
First offense: misdemeanor, with mandatory 90 days sentence. Second offense:
misdemeanor, with mandatory 1-year sentence. Third offense: felony, with 1-5
year sentence, 3 years mandatory without probation or suspension. |
| Access to Information: |
As of 5/99, local SOR information is open to public inspection upon a
request to the county sheriff. Requests must be made in writing and include the
name of the requestor and the name or address of the person about whom
information is sought. SLED also may respond to written requests for registry
lists by zip code, county, or the full State. |
| Confidentiality Provision: |
Yes |
| Number Registered: |
5,242 |
| Percent Compliance: |
Not known* |
| Internet Access: |
South Carolina Attorney General
South Carolina Sex Offenders
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