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		2015-01-28-01 
	

The Supreme Court of South Carolina




Michael D. Hall, Petitioner,

          v.

          State of South Carolina, South Carolina Attorney General, Solicitor for the  Eighth Judicial Circuit, South Carolina Department of Corrections and City of  Greenwood, Respondents.

          Appellate Case No. 2014-001239      





ORDER


We agreed to consider Petitioner Hall's allegations of  unfairness in our original jurisdiction "to determine what relief, if any,  may be available to inmates who are being adversely affected by unserved  [arrest] warrants."  Hall v. State, S.C. Sup. Ct. Order (filed  August 14, 2014).  On December 9, 2014,  we heard oral arguments concerning the practices and procedures for serving  arrest warrants on persons incarcerated in the South Carolina Department of  Corrections (SCDC).
We conclude that complaints of SCDC inmates concerning  adverse impacts resulting from unserved arrest warrants can be resolved by  administrative action.  It appears that  local law enforcement is often unaware of the SCDC's Office of General Counsel's  policy that it will be responsible for serving arrest warrants on SCDC inmates,  if those warrants are forwarded to it.   This policy is reflected in a 1986 memorandum issued by the South  Carolina Judicial Department's Office of Court Administration, and reiterated  in that Office's February 2012 memorandum.   In order to help disseminate this SCDC policy, we republish the  pertinent part of these memoranda below:

The Office of General Counsel at the SCDC has  requested that all warrants to be served upon any inmate within the Department  be forwarded to their office for subsequent service.  Court Administration endorses this request as  the warrants could then be transmitted, by corrections personnel, to the  particular institution where the individual is housed with instructions as to  proper service.  Such warrants can then  be forwarded to one central location allowing their tracking and service.
It is now requested that all warrants to be served  upon inmates who are in the custody of the SCDC be transmitted to: 



Office of General Counsel
          South Carolina Department of Corrections
          4444 Broad River Road
          Columbia, SC 29210




We order that Court Administration distribute a copy  of this order to all summary court judges and clerks of court.  We direct all magistrates, municipal court  judges, and clerks of court to notify law enforcement officers of this order when  an arrest warrant is issued, and to make copies of the order available.  Finally, we dismiss this matter in our  original jurisdiction as the issue raised by Petitioner Hall is now moot.
IT IS SO ORDERED.



 s/Jean H. Toal                                  C.J.

s/Costa M. Pleicones                          J.
      s/Donald W. Beatty                             J.
s/John W. Kittredge                             J.
s/Kaye G. Hearn                  
                       J.



Columbia, South Carolina 
January 28, 2015

