Spartanburg County Detention Facility

Information Related to Your Arrest and Detention

in the Spartanburg County Detention Facility


TABLE OF CONTENTS


I. COURTS AND THEIR JURISDICTIONS RELATED TO ARRESTS
  1. You have been arrested and charged with a criminal offense, and as a result, the arresting officer has brought you to the Detention Facility (to be referred to as the County jail throughout the remainder of this information sheet) to:

    1. Appear before the magistrate (judge) who will explain your charges to you and determine whether you are eligible for bail/bond in accordance with applicable South Carolina law.

    2. To be held in custody pending:

      1. Release on bail/bond,

      2. Appearance in court,

      3. Serving a sentence of 90 days or less except Family Court Contempt violations up to one (1) year,

      4. Awaiting transfer to another jail, prison, and/or other jurisdiction.

  2. In order to be arrested, the officer has either personally detected through one of his five senses that there was probable cause to believe that you committed a violation of the law, and as a result, he/she personally placed you under arrest based on his/her knowledge of the facts. In this case, the arresting officer has either issued you a blue copy of a Uniform Traffic Citation which is used as an arrest document with your name, address, charge, court date, and other related information, and/or he/she has appeared before a magistrate and signed an arrest warrant setting forth the basis for your arrest of which you will be provided a copy of the warrant.

  3. If the arresting officer did not personally witness and/or have knowledge of the crime for which you were arrested, he/she should have presented you with a copy of a warrant and/or court document which authorized your arrest and detention. The following is a brief summary and description of an arrest document.

    1. Arrest Warrant

      1. May have been signed by the arresting officer who had reason to believe that a criminal offense was committed. Following your initial arrest, the officer will then appear before a magistrate (judge) who then based on a sworn affidavit will issue an arrest warrant.

      2. An arrest warrant may also be issued upon a sworn affidavit by a victim and/or his/her representative (in cases involving businesses) whereby the victim sets forth sufficient facts alleging that a crime has been committed. In such cases, the arresting officer will provide you with a copy of the warrant setting forth the alleged basis for your arrest. The arresting officer may or may not have knowledge of the alleged crime.

      3. An arrest warrant may also be issued based on evidence that a crime has been committed, and upon investigation, there is probable cause to believe that you committed the criminal offense, and/or violated an order of the court.

    2. Magistrate's Court Bench Warrant

      A Magistrate's Court Bench Warrant can be issued authorizing your arrest for one of the following conditions:

      1. Violation of a condition of release for a previous arrest,

      2. Violation of an order of the court,

      3. Failure to pay a fine and/or other order(s) of the court,

      4. Failure to appear for court

        In such case, a release can only be made after the conditions of the bench warrant have been met and/or by order of the court.

    3. General Sessions Bench Warrant

      A General Sessions Bench Warrant is issued by the Clerk of Court and/or a Circuit Judge for failure to appear in court, failure to pay court ordered fines and/or restitution, and/or violations of conditions of bail/bond and/or other court orders and conditions of release. If arrested on this type warrant, you can only be released by the Circuit Court Judge.

    4. Family Court Bench Warrant

      A Family Court Bench Warrant is issued by the Family Court for failure to pay court ordered child support, other court ordered payments, and/or violations of the Court's orders. If arrested on this type warrant, you can only be released by order of the Family Court.

    5. Municipal Court Arrest Warrants and/or Bench Warrants

      If charged with an offense that is triable in a municipal (city) court, the municipal court judge has the same authority to issue arrest warrants and bench warrants as a magistrate.

    6. Violations of other Court Orders

      Violations of court orders as issued by the Probate Court, Master in Equity Court, and/or the Court of Common Pleas (Civil Court) can result in your arrest and detention. If arrested on any orders from these courts, you cannot be released until you appear before the judge who issued the warrant.

    7. Federal Offenses

      If you are arrested and charged with a crime triable in federal court, you cannot be released until your appearance before a federal judge. Local magistrates and/or other judges have no jurisdiction over federal offenses. As such, you will remain in jail pending your appearance before a federal judge.

    8. Violations of Uniform Military Code (National Guard)

      If you are in the National Guard, and you are found guilty of violating the Uniform Code of Conduct, you may be committed to the county jail. Only the presiding military judge can release you.

    9. Violation of Probation

      If you are on probation and you fail to abide by the terms of your probation and/or fail to follow your probation officer's instructions, the probation office can issue an arrest warrant. If arrested on a violation of probation warrant, you are entitled to have a bail/bond set by a magistrate and if you can make the bail/bond, you can be released pending a probation revocation hearing. Otherwise, you will remain in jail pending the hearing.

    10. Violation of Parole

      If you are on parole (released from prison under the supervision of the probation and parole office), and you violate the terms of your parole, an arrest warrant can be issued for your arrest. Upon entry into the jail, you will appear before a magistrate who will explain your charges to you. However, the magistrate does not have the authority to set bail/bond for violations of parole, and you will remain in jail pending a parole hearing unless bail/bond is authorized by a Circuit Court Judge in the Court of General Sessions upon a petition of the court by you or your attorney.

    11. Fugitive From Justice Arrest Warrants

      In accordance with South Carolina state law, upon establishing that there is probable cause that you are wanted by another jurisdiction in another state, a law enforcement official may appear before a magistrate and seek a Fugitive From Justice warrant for your arrest. Upon arrest, you will be asked to sign a waiver to voluntarily return to the requesting jurisdiction. If you sign the waiver, although you will appear before the magistrate, he/she will not set a bail/bond, and you will be held in jail pending transfer to the requesting authority. However, should you not sign the waiver, the magistrate will determine your eligibility for release on bail/bond pending a hearing for your return to the requesting state. If you refuse to sign the waiver and/or cannot make bail/bond, the requesting state has twenty (20) days to file notice of intent to request extradition. If no paperwork is received in the Governor's office within twenty (20) days, you may be released. However, if the paperwork is received within twenty (20) days, you will remain in custody pending a hearing in the Governor's office at which time the Governor will determine whether you will be extradited by the requesting authority. If the Governor approves your extradition, he will issue a Governor's warrant allowing the requesting authority to pick you up.

II. SEARCHES

  1. Upon admission to the jail, officers will request you to empty your pockets and conduct a "pat-down" search for weapons. These procedures are performed for the following reasons:

    1. To protect the safety of officers and staff,

    2. To prevent weapons and contraband from entering the jail,

    3. To inventory and safely secure personal items to prevent false claims of lost and/or damaged property,

    4. To reduce potential of property being stolen.

  2. Strip searches are not normally conducted upon initial entry except where there is a probable belief that the individual has a weapon and/or other contraband on his/her person based on the type offense, personal observation of officers and staff, previous history, and/or other valid reasons. Such searches are to be conducted, if justified, in private by officers of the same sex, unless urgent exigent circumstances exist whereby officer safety is threatened.

III. BOOKING PROCEDURES

  1. Once the officer has conducted the initial "pat-down" search for weapons, he/she may at that point continue the booking process by asking you a series of questions and completing the necessary forms. These forms include completing information about you, your address, employer, and other pertinent information. A property inventory form listing your property will be completed and a receipt will be given to you. In addition, you will be asked questions about your medical condition including the need for any medications. It is important that you answer the questions and cooperate with the jail staff. Your money will be inventoried and placed in your personal account. Money is not allowed in the jail to help eliminate contraband and the buying and selling of personal favors. Upon release, all property and monies will be returned to you, excluding any items that you have released to outside friends or relatives and/or monies that have been debited from your account.

  2. If there are a number of individuals waiting to be processed, your items will be secured in a yellow zippered bag and secured with a nylon tie cord. You will be asked to sit in the "In-waiting" area until your name is called. We ask that you:

    1. Not attempt to break the nylon tie cord and remove any property from the bag,

    2. Sit quietly and watch TV,

    3. Do not talk loudly and/or walk about.

    4. Males sit on the back row of seats and females on the front row of seats. To prevent and reduce accusations, we ask that males and females do not sit next to each other and/or communicate with each other.

    5. If you have to use the restroom, please get the staff's attention quietly, and follow their instructions.

    6. Individuals who fail to cooperate, act disorderly, become loud, act aggressively, and/or who fail to follow instructions will be asked to leave the area and then placed in a secured holding cell.

  3. Wrist Bands

    1. Upon completion of the initial booking process, the officer will place an identification wrist band around your wrist. Due to the large number of individuals in the jail, it is necessary to use the wrist bands to help identify individuals to ensure that no one is improperly detained or released, to help in the maintaining of order and security, and to help in the delivery of medications or other services.

    2. You are asked not to remove or tamper with the wrist band while in the custody of the jail. Individuals who tamper with the wrist band or destroy it are subject to disciplinary action under the jail rules should they remain in jail. Individuals who remove or tamper with their wrist bands can also slow or delay their release pending verification of their identity. You are asked to leave the wrist band intact until you have been completely released from the jail and are outside of its confines.

  4. Fingerprints and Photographs

    You will be photographed and fingerprinted each time you are arrested, regardless of the number of times you are arrested. You are expected to cooperate with the officers during this process.

  5. Personal Property

    All personal property, excess clothing, monies, and medications will be removed and stored until your release at which time they will be returned to you. Should you remain in the jail, any monies that you may have can be used to purchase items from the jail's commissary (canteen), and should you elect to make purchases from the canteen, your account will be so debited. Individuals outside the jail may deposit money into your account at any time should they so desire. For specific information on medications, see page 10 of this manual.

  6. Release of Property

    You may release any property in your possession to anyone outside the jail that you desire. Such release must have your signed authorization and the person to receive the item(s) must have proper identification. No property can be released, swapped, or otherwise given to another person being detained in jail.

IV. TELEPHONE USAGE

Upon completion of the booking process, you will be allowed access to a telephone where you will have the opportunity to make a free local telephone call to notify your family, friends, or attorney that you have been arrested. After you have made this telephone call, all other telephone calls are to be made collect from the telephone located in the "out-waiting" area. This is necessary due to the fact that money is not allowed in the jail, the staff does not have the ability to provide change, and depending upon the number of individuals being processed, there is not sufficient time or staff to provide access to other telephones. Do not ask to use the free telephone after you were offered the opportunity to use it upon admission.

V. BEHAVIOR

After you have used the telephone, you will be asked to sit in the "out-waiting" area while you wait to make your initial appearance before the magistrate (judge). You are asked to:

  1. Sit quietly and to act in an orderly manner.

  2. Do not put your feet in the chairs or throw them on the back and arms of someone else's chair.

  3. Sit with your feet on the floor.

  4. Females are to sit on the front rows and males are to sit on the back rows, filling the empty seats in between accordingly.

  5. You are asked not to turn around and talk to others seated behind you.

  6. You are asked not to sleep, lean against others seated next to you, block the aisles with your legs or feet, and/or otherwise create an unpleasant environment for others sitting around you.

  7. You are asked not to talk loudly, use profanity, and/or otherwise cause problems for the staff or act in a disorderly manner.

  8. If you fail to follow the staff's instructions, you will be removed from the waiting area and placed in a secure holding cell.

  9. Holding Cells - As a general rule, most individuals admitted to the jail will be allowed to sit in the open seating area. However, nothing precludes officers and staff from placing you in a secured holding cell pending your bail/bond appearance, release, and/or transfer to a housing unit and/or another jurisdiction. Holding cells can be utilized anytime to help regulate behavior, for individuals awaiting transfer, for individuals who are disruptive, under the influence, belligerent or uncooperative, to separate co-defendants, enemies, etc.; to provide for safety and security, for exigent reasons, and/or for any valid reason that would help the officers and staff maintain order and the security of the jail.

  10. All inappropriate behavior will be reported to the magistrate and may or may not be used by him/her to determine the conditions of your release.

VI. MEDICATIONS

If you take medications, you should alert the staff at the time that you are processed into the jail. If you have the medications on your person, they will be removed and properly secured. If you need them, they will be given to you as ordered on the prescription label. The jail's staff has a responsibility to help ensure your health. In the event that you have medicines which are mixed together, not labeled properly, in out-of-date prescription bottles, or issued as a prescription under someone else's name, the medication may not be given to you until it can be confirmed that the medication is approved for your use. In addition, should you be under the influence of alcohol and/or other intoxicants, you will not be given your medications until the medical staff can verify that providing them to you will not further endanger your health or safety. These procedures are necessary to help the jail staff maintain security and to help protect your health and well-being. Should you remain in jail, the medical staff will follow-up and ensure that you receive adequate and reasonable attention to any health concerns that you may have following a review and assessment of your medical needs.

VII. INITIAL APPEARANCE BEFORE MAGISTRATE - BAIL PROCEEDINGS

  1. Everyone admitted to the jail will appear before a magistrate who will explain to you the following:

    1. What criminal offense you have been accused of committing;

    2. What rights you have under the law;

    3. What penalties can be imposed;

    4. That you are entitled to a preliminary hearing to be held within fifteen (15) days to determine whether probable cause exists to proceed to trial (applies to General Sessions charges with a penalty of over 30 days confinement only);

    5. What conditions you must meet to obtain release;

    6. What date you are to appear in court for trial.

  2. After informing you of the above, the magistrate will then ask a series of questions to determine whether you can or cannot be released on bail/bond and what conditions you must meet in order to be released. The magistrate cannot release you on the following offenses and/or court documents:

    1. Murder

    2. General Sessions Bench Warrants

    3. Family court Bench Warrants

    4. Court orders from Probate Court and Master-in-Equity Court

    5. Federal charges

    6. Violation of Parole

    7. Governor's Warrant

    8. Coroner's Warrant

  3. After talking to you, the magistrate will decide whether you can be released on your own recognizance (a pledge based on your signature that you will return to court referred to as a personal recognizance (PR) bond), whether you have to post a cash bond, whether someone else has to post a bond pledging their real property (land or house) that you will return to court (called a surety bond), and/or whether the services of a professional bondsman will be required. In the latter case, the bondsman can charge you up to 15% of the amount of the bond to get you out, and he/she does not have to return the monies to you upon completing court.

  4. The magistrate (judge) uses such factors as the following to determine whether you can or cannot be released:

    1. Are you a resident of the county?

    2. How long have you lived in the county?

    3. Do you have family in the county?

    4. Are you employed?

    5. Severity of the offense(s) for which you are charged

    6. What impact did the offense have against the victim?

    7. Do you pose a danger to the community?

  5. In a bail/bond hearing, you are entitled to have an attorney present although it is not necessary. The magistrate does not want to listen to the merits of your case, since a court date will be set at a later time to determine probable cause and/or your guilt or innocence. You are asked to refrain from attempting to discuss these matters with the magistrate.

VIII. BAIL/BOND HEARINGS

  1. Bail/Bond hearings are tentatively scheduled seven days per week at the following times:

    1. 11:00 A.M.

    2. 6:00 P.M.

    3. 9:00 P.M.

    4. 12:00 Midnight

    5. Midnight to 7:30 A.M. as scheduled by the magistrate on duty as needed.

  2. The above times are only tentatively scheduled, and they are affected by the availability of the magistrate (judge) and other factors. Generally, you have to have been completely processed and all your paperwork completed at least one hour before the scheduled bail/bond hearing. If you miss this deadline, you will have to wait until the next scheduled bail/bond hearing. In addition, other factors that may affect your appearance before the magistrate are as follows:

    1. In cases where there is an alleged victim, the alleged victim has a right to be present and to be heard. If the alleged victim so indicates that he/she wishes to appear at your bail/bond hearing, such hearing can be delayed to give the alleged victim a reasonable time to appear.

    2. If your arrest warrant has not been typed and served (a copy given to you), your bail/bond hearing will be delayed.

    3. The unavailability of the magistrate (judge) due to other duties;

    4. Other emergency circumstances that may occur from time to time.

  3. While every effort will be made to get you in front of a magistrate (judge) as quickly as possible, you are asked to understand that you may or may not be able to do so. The bail/bond times as scheduled are only tentative. Delays can and do occur from time to time. If an arresting officer promised you that you will be in and out in a few minutes, then the arresting officer misled you and made a false promise that he or she cannot keep without prior approval of the magistrate.

    Please do not argue with jail staff and/or become upset. Realizing that you do not want to be in jail and may or may not be guilty, your appearance before a magistrate and your subsequent release is not under their control, and arguing or acting in a disorderly manner will not accomplish your release any sooner.

  4. After your appearance before the magistrate (judge), you will be returned and asked to sit quietly in the "out-waiting area." If you are disorderly and/or pose a security risk, you will be placed in a secured holding cell. After your initial appearance before the magistrate and after returning to the booking/admissions area, do not ask to talk to the magistrate again.If you can sign your own bail/bond, your property will be returned, you will be escorted to the magistrate's office where you can sign the appropriate release documents, and then you will subsequently be released.

  5. Those requiring someone else to sign their bond, bring cash money to post bond, and/or use the services of a bondsman will be given the opportunity to use the collect-call-only telephones. Individuals needing to contact someone to obtain their release will be allowed to wait in the jail's booking area for a reasonable time period, generally until the end of the jail staff's work shift, which as a rule runs 1 1/2 to 2 hours after each bail/bond hearing. As notification is made by the magistrate's office that arrangements for bail/bond have been made, you will be released as soon as possible.

  6. Individuals, who due to their charges cannot be released, and/or who cannot make bail/bond will be issued jail clothing and housed in the jail. Officers in the housing units will explain all applicable jail rules to you at that time. Individuals who are housed in the jail can still be released, provided they are eligible, as arrangements are made.

  7. All individuals admitted to the jail are expected to behave in an orderly and sociable manner. Individuals who do not cooperate and/or who commit new criminal offenses are subject to both internal sanctions as well as new criminal charges. As a result, you are to regulate your behavior accordingly.

  8. The above is to serve only as a guide. It is designed to help explain the arrest and booking process. It is not inclusive, and it is not designed to give legal advice. Should any of the above information change and/or become invalid for any reason, it does not affect the remainder of the written procedures. Your cooperation is appreciated and will help to ensure that your arrest and subsequent release move as smoothly and efficiently as possible.