"Offender Search Law Report" - South Carolina

Offender Search Law Report is a legal document that was released by the South Carolina Department of Probation, Parole and Pardon Services - a government authority operating within South Carolina.

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  • Released on July 11, 2014;
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South Carolina Department of Probation, Parole and Pardon Services
LAW ENFORCEMENT ADVISORY
RE: The South Carolina Reduction of Recidivism Act 2010 (S.191 Search Law)
Effective 8:00 AM, July 1, 2010, the South Carolina Department of Probation, Parole and Pardon Services will begin responding to inquiries from Law Enforcement
regarding the search status of offenders under supervision in the community. The following procedures have been established to support the requirements of the Act.
Affected Population
(1) The Act affects only those offenders placed on supervision on or after April 29, 2010.
(2) In accordance with the statute, warrantless searches are not authorized until the offender has agreed in writing to be subject to the search. All offenders placed on
supervision on or after April 29, 2010, will sign search/seizure agreement forms (NORRA). Effective July 1, 2010, search/seizure agreement language will be a
standard condition of all supervision programs.
Search Inquiry Protocols
(1) Immediately prior to any such search/seizure pursuant to this Act, the law enforcement officer seeking to conduct the search must verify with SCDPPPS, or other
means available to the officer, that the individual is actively under community supervision (parole, probation, etc.). Inquiry protocols are as follows:
SCDPPPS Inquiry contact number 1-800-263-7191. Search inquires may be made 24 / 7 and should be made to the contact number provided.
The requesting agency shall provide the subject's full name and DOB. Additional identifiers may be requested by SCDPPPS if further confirmation is needed (e.g.
SSN, address, etc.).
SCDPPPS will respond to inquiries with one of the following messages:
Search Without Cause
Search with Reasonable Suspicion
No Search-Exempted Offense
No Search-Not Under Supervision
No Search-Prior to Law
No Search-NORRA Unsigned
NOTE: Section 9 of the Act establishes unique requirements for offenders under “Probation” supervision only. For this population the search / seizure must be
based on “reasonable suspicion”.
Search Reporting Requirements
Per statute, a Law Enforcement Officer conducting a search or seizure without a warrant pursuant to this Act must report to his agency each search or seizure, which shall
include date of search, offender name, address, DOB, gender, race, etc. The Law Enforcement Agency shall use the attached SCDPPPS Offender Search Law form to
submit this information at the end of each month to the SCDPPPS.
Attached is the SCDPPPS Offender Search Law Report form. Law Enforcement agencies shall submit this information on a monthly basis to the email address listed on
the form. Questions regarding the report may also be submitted to the email address.
South Carolina Department of Probation, Parole and Pardon Services
LAW ENFORCEMENT ADVISORY
RE: The South Carolina Reduction of Recidivism Act 2010 (S.191 Search Law)
Effective 8:00 AM, July 1, 2010, the South Carolina Department of Probation, Parole and Pardon Services will begin responding to inquiries from Law Enforcement
regarding the search status of offenders under supervision in the community. The following procedures have been established to support the requirements of the Act.
Affected Population
(1) The Act affects only those offenders placed on supervision on or after April 29, 2010.
(2) In accordance with the statute, warrantless searches are not authorized until the offender has agreed in writing to be subject to the search. All offenders placed on
supervision on or after April 29, 2010, will sign search/seizure agreement forms (NORRA). Effective July 1, 2010, search/seizure agreement language will be a
standard condition of all supervision programs.
Search Inquiry Protocols
(1) Immediately prior to any such search/seizure pursuant to this Act, the law enforcement officer seeking to conduct the search must verify with SCDPPPS, or other
means available to the officer, that the individual is actively under community supervision (parole, probation, etc.). Inquiry protocols are as follows:
SCDPPPS Inquiry contact number 1-800-263-7191. Search inquires may be made 24 / 7 and should be made to the contact number provided.
The requesting agency shall provide the subject's full name and DOB. Additional identifiers may be requested by SCDPPPS if further confirmation is needed (e.g.
SSN, address, etc.).
SCDPPPS will respond to inquiries with one of the following messages:
Search Without Cause
Search with Reasonable Suspicion
No Search-Exempted Offense
No Search-Not Under Supervision
No Search-Prior to Law
No Search-NORRA Unsigned
NOTE: Section 9 of the Act establishes unique requirements for offenders under “Probation” supervision only. For this population the search / seizure must be
based on “reasonable suspicion”.
Search Reporting Requirements
Per statute, a Law Enforcement Officer conducting a search or seizure without a warrant pursuant to this Act must report to his agency each search or seizure, which shall
include date of search, offender name, address, DOB, gender, race, etc. The Law Enforcement Agency shall use the attached SCDPPPS Offender Search Law form to
submit this information at the end of each month to the SCDPPPS.
Attached is the SCDPPPS Offender Search Law Report form. Law Enforcement agencies shall submit this information on a monthly basis to the email address listed on
the form. Questions regarding the report may also be submitted to the email address.
South Carolina Department of Probation, Parole and Pardon Services
South Carolina Reduction of Recidivism Act – Offender Search Law
A Law Enforcement Officer conducting a search or seizure without a warrant pursuant to this Act must report to his agency each search or seizure, which shall include
the information described in the chart below. The Law Enforcement Agency shall use this form to submit this information at the end of each month to the Department of
PPPSearchReport@ppp.sc.gov
Probation, Parole and Pardon Services. All reports should be submitted via electronic mail to
or via fax to (803) 734-9522.
Questions may be submitted to the email address.
Reporting Law Enforcement Agency
Report Period (Mo/Day/Yr to Mo/Day/Yr)
LE Agency Contact Number / Name
Report Data
Date of
Offender Name
Offender Address
Offender
Offender
Offender Race/Ethnicity
Did Search
Indicate Contraband
Search
Age
Gender
A = Asian,
B = Black,
Yield
Category (Drugs,
(Mo/Dy/Yr)
(M/F)
H = Hispanic,
Contraband
Weapons, Other)
N = Native American,
(Y/N)
D = Drugs
O = Other, W = White
W = Weapons
O = Other
SCDPPPS – Revised July 11, 2014
W
S
T
&
P
ARRANTLESS
EARCH
RAINING
LANNING
All of the following variables need to be considered when developing a plan to execute warrantless searches. Planning
the warrantless search is critical to the safety of the agents/law enforcement participating.
L
R
EGAL
EQUIREMENTS
Warrantless search authorized (Check OMS)
For Probationers Only (Reasonable Suspicion)
L
OCATION
Consider the security of the search area
Probation Office (Best for personal search)
Offenders Residence (Not most secure location)
Other (In the street, parking lot...)
O
FFENDER
Secure offender prior to search
Conduct systematic search of offender and possessions
V
EHICLE
Offender must own vehicle or be the driver
Secure keys and driver and other occupants prior to search of vehicle
Ensure vehicle removed from traffic in safe area
Conduct systematic search of vehicle from front to back, trunk last
I
I
NTELLIGENCE
NFORMATION
Offender Identified and eligible for warrantless search
Prior record and prior demeanor with Agent to include:
drugs
weapons
violence, etc.
Number of potential adversaries
O
C
THER
ONSIDERATIONS
Adequate number of Agents/Law Enforcement Officers present
Ability to secure evidence, contraband and weapons
Tag evidence, contraband and weapons per Policy 139
Availability of Law Enforcement to make appropriate criminal charges
Document search in Scheduler
The positioning of the search team to secure the search area
Record the location where the evidence, contraband and weapons are seized and describe the items seized
Contingency planning
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