2016 South Carolina Code of Laws
Title 44 - Health
CHAPTER 48 - SEXUALLY VIOLENT PREDATOR ACT
Section 44-48-70. Petition for probable cause determination.
When the prosecutor's review committee has determined that probable cause exists to support the allegation that the person is a sexually violent predator, the Attorney General must file a petition with the court in the jurisdiction where the person committed the offense and must notify the victim that the committee found that probable cause exists. The Attorney General must also notify the victim of the time, date, and location of the probable cause hearing before the court. The petition, which must be filed within thirty days of the probable cause determination by the prosecutor's review committee, must request that the court make a probable cause determination as to whether the person is a sexually violent predator. The petition must allege that the person is a sexually violent predator and must state sufficient facts that would support a probable cause allegation.
HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
Effect of Amendment
The 2004 amendment, in the first sentence, substituted "must" for "may" following "Attorney General" and added the final clause and second sentence relating to notification of the victim and, in the third sentence, substituted "must" for "shall".
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