South Carolina § 16-1-130 - Persons not eligible for diversion program.

§ 16-1-130. Persons not eligible for diversion program.

(A) A person may not be considered for a diversion program, including, but not limited to, a drug court program or a mental health court, if the:

(1) person's current charge is for a violent offense as defined in Section 16-1-60 or a stalking offense pursuant to Article 17, Chapter 3, Title 16;

(2) person has a prior conviction for a violent crime, as defined in Section 16-1-60, or a harassment or stalking offense pursuant to Article 17, Chapter 3, Title 16;

(3) person is subject to a restraining order pursuant to the provisions of Article 17, Chapter 3, Title 16 or a valid order of protection pursuant to the provisions of Chapter 4, Title 20;

(4) person is currently on parole or probation for a violent crime as defined in Section 16-1-60; or

(5) consent of the victim has not been obtained unless reasonable attempts have been made to contact the victim and the victim is either nonresponsive or cannot be located after a reasonable search.

(B) The provisions of this section do not apply to a diversion program administered by the South Carolina Prosecution Coordination Commission or by a circuit solicitor.

HISTORY: 2005 Act No. 106, SECTION 2, eff January 1, 2006; 2010 Act No. 273, SECTION 59, eff January 1, 2011.

Editor's Note

2005 Act No. 106, SECTION 1, provides as follows:

"This act may be cited as 'Mary Lynn's Law'."

2010 Act No. 273, SECTION 66, provides in part:

"The provisions of Part II take effect on January 1, 2011, for offenses occurring on or after that date."