South Carolina Code 17-22-510. Prosecutorial discretion of Circuit Solicitor to establish alcohol education program; administration
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(A) Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish an alcohol education program in the respective circuits for persons who commit certain alcohol-related offenses.
(B) The circuit solicitors are specifically endowed with and retain all discretionary powers pursuant to the common law.
Terms Used In South Carolina Code 17-22-510
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- prosecutorial discretion: shall mean the power of the circuit solicitor to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken and, if so taken, of what kind and degree and to what conclusion. See South Carolina Code 17-22-20
(C) An alcohol education program must be under the direct supervision and control of the circuit solicitor; however, the solicitor may contract for education and supervision services.
(D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the alcohol education programs. The commission shall consult with the Department of Alcohol and Other Drug Abuse Services before the approval of these administrative procedures.
(E) An alcohol education program must include an educational and community service component.