If you have been convicted of a sex offense, you may be subject to monitoring and special rules for years to come. In many cases, for the rest of your life… Whether it was a guilty plea or a guilty verdict after trial, convicted sex offenders are required to register as a sex offender. Some offenses require lifetime electronic monitoring with an ankle bracelet. If you were imprisoned for a sex offense, you will also be subject to a sexually violent predator review before you are released at the end of your sentence. All convicted sex offenders who are under the supervision of the probation department in South Carolina must also comply with special rules on Halloween night including a 5:30 p.m. curfew.
Myrtle Beach, SC Curfew for Sex Offenders
The S.C. Department of Probation, Parole and Pardon Services (SCDPPPS) will enforce a curfew of 5:30 – 9:00 p.m. for all convicted sex offenders under their supervision on Halloween night. The prohibition only applies to convicted sex offenders who are currently under supervision because they are on probation or parole. SCDPPPS says they will conduct surveillance to ensure compliance, and some counties will require supervised offenders to report to a specific location during the curfew hours. Other rules that will be enforced include:
- Offenders cannot give out candy;
- Offenders cannot turn on the lights outside their homes on Halloween night; and
- Offenders cannot go to Halloween parties or carnivals.
Last year, SCDPPPS physically checked 417 offenders’ homes and made another 320 phone calls to confirm that offenders were complying. Four people were cited for noncompliance, but no one was arrested.
South Carolina’s Sex Offender Registry
If you are convicted of a sex crime in SC, you will be required to register as a sex offender for the rest of your life. South Carolina does not have a graduated system like some other states where the length of time on the registry is determined by the severity of the offense. In SC, it does not matter if the offense was exposing yourself, “statutory rape” as a teenager with a girlfriend two years younger than yourself, or a forcible, violent rape. Once you are on the SC registry, you must continue to register for the rest of your life or you will be arrested and charged with a new crime for “failure to register.”
GPS Monitoring for SC Sex Offenders
Although it is in the Court’s discretion to order GPS monitoring for some sex offenses, lifetime GPS monitoring is mandatory for persons convicted of CSC 1st degree or lewd act. In 2013, the S.C. Supreme Court decided State v. Dykes and found that the system of forcing a person to wear an ankle monitor for the rest of their life, without the possibility for review based on likelihood to re-offend, was unconstitutional. If a convicted sex offender is forced to wear a GPS monitor, they can apply to the courts to have it removed after ten years if they can demonstrate that they are not likely to re-offend. They can then re-apply every five years after that.
Do You Want to Remove Your SC GPS Monitor?
If you are willing to retain an expert witness, subject yourself to an evaluation to determine your likelihood to re-offend, and if more than ten years have passed since your conviction, you may be able to have the monitor removed. If you have questions about whether you are eligible to have your monitor removed, our criminal defense attorneys at Coastal Law, LLC, may be able to help. Call us at (843) 488-5000 or fill out our online form to set up a free, confidential consultation.
