Safekeeping Charge South Carolina Guide

Safekeeping Charge South Carolina Guide – If you’ve seen “safekeeping,” “safekeeper,” or “other authorities safekeeping” on a South Carolina jail roster, inmate search, or arrest record, you’re not alone. Many families across the USA search for answers when they encounter this term. This comprehensive guide explains exactly what a safekeeping charge means in South Carolina, the legal process behind it, who it affects, and what to expect. All information is drawn from official South Carolina statutes and Department of Corrections policies.

What Is a Safekeeping Charge in South Carolina?

A “safekeeping charge” in South Carolina is not a new criminal offense. It is a custodial or housing status notation that appears on jail or prison records. It indicates that an individual is being held in the custody of the South Carolina Department of Corrections (SCDC) or a local facility for safekeeping purposes under authority granted by the Governor.

In practice, it usually means:

  • The person is a pre-trial (unsentenced) detainee originally held in a county jail.
  • County officials have requested transfer to state prison because the inmate cannot be safely housed locally.
  • The inmate is now in SCDC custody but remains under the original county’s legal case.

This status is distinct from regular criminal charges. It is simply a mechanism to ensure safety, security, and proper housing.

South Carolina law authorizes safekeeping under South Carolina Code Section 24-3-80. The statute states:

“The director of the prison system shall admit and detain in the Department of Corrections for safekeeping any prisoner tendered by any law enforcement officer in this State by commitment duly authorized by the Governor, provided, a warrant in due form for the arrest of the person so committed shall be issued within forty-eight hours after such commitment and detention.”

Key protections in the law:

  • A proper arrest warrant must be issued within 48 hours.
  • The State and its officers have no liability for detaining the individual under a valid Governor’s safekeeping order.

This framework is further detailed in SCDC Policy SK-22.02 “Safekeepers” (effective August 20, 2018, and still the governing policy). The policy implements Executive Order #2000-11 and ensures transfers only occur when necessary.

When Is Safekeeper Status Used in South Carolina?

SCDC accepts safekeepers only in specific high-risk situations. According to official policy, unsentenced individuals may be transferred from county jails if they:

  • Pose a high escape risk.
  • Exhibit extremely violent or uncontrollable behavior.
  • Need protection from the general jail population or other detainees (for their own safety).

Safekeepers are always pre-trial detainees (unsentenced). Sentenced inmates or short-term misdemeanants do not qualify unless they meet the strict criteria above. Death-row inmates are handled under a separate policy.

Local county jails may also use “other authorities safekeeping” internally when holding someone for another jurisdiction (e.g., federal authorities, out-of-state warrants, or another South Carolina county), but the formal Governor-ordered safekeeper transfer is the primary statewide program.

The Step-by-Step Process of a Safekeeping Transfer

  1. County Request – The county sheriff or chief law enforcement officer submits a detailed packet to the SCDC Director. Required documents include the arrest warrant, an affidavit explaining the need for transfer, solicitor concurrence, attorney notification, and medical/mental health evaluations.
  2. SCDC and Governor Review – SCDC reviews for legal compliance and recommends action to the Governor. The Governor issues a Safekeeping Order (valid for up to 120 days; renewable for 90-day periods with good cause).
  3. Transfer – Once approved, county officers transport the inmate to an SCDC reception facility (males typically to Lee or Kirkland Correctional Institution; females to Camille Graham Correctional Institution).
  4. Housing – Safekeepers are placed in a Restrictive Housing Unit (RHU) and kept separate from the general prison population.
  5. Expiration and Return – SCDC notifies the county at least 10 days before the order expires. The county must retrieve the inmate unless the order is renewed.

Costs and Financial Responsibilities in South Carolina Safekeeping

South Carolina does not charge individuals or families a daily “safekeeping fee.” However, counties bear specific financial responsibilities while the inmate is in SCDC custody:

  • All community hospital or outside medical care.
  • Infirmary care inside SCDC (billed at a daily rate set by SCDC administration).
  • In-patient psychiatric care (billed at a daily rate).

Routine on-site medical care is provided by SCDC. These costs are ultimately paid by county taxpayers, which is why some counties use safekeeping only when absolutely necessary.

What Safekeeping Means for Inmates and Their Families?

For the inmate:

  • They remain in pre-trial status; no new charges are added.
  • They follow all SCDC rules and are housed in restrictive conditions (limited privileges compared to general population).
  • They retain the right to legal representation and court appearances for their original case.

For families:

  • Visitation, phone calls, and mail follow strict SCDC rules (different from county jail rules).
  • The inmate’s location changes from the local county jail to a state prison facility.
  • Families should contact the original county sheriff’s office or solicitor’s office for case status updates.

How to Check Safekeeping Status or Inmate Location?

  1. Visit the South Carolina Department of Corrections inmate search or the specific county sheriff’s office website.
  2. Contact the county sheriff’s office where the original charges were filed.
  3. Reach out to the SCDC Office of General Counsel for safekeeper-specific questions (they maintain a current list of all safekeepers).
  4. For urgent legal matters, contact the inmate’s attorney or the circuit solicitor’s office.

Common Misconceptions About Safekeeping Charges

  • Myth: “Safekeeping is an extra criminal charge.”
    Fact: It is a housing and custody status only.
  • Myth: “The inmate is now in state prison permanently.”
    Fact: Safekeeping orders are temporary (120 days maximum per order).
  • Myth: “Families have to pay extra fees.”
    Fact: No direct fees are charged to inmates or families for the safekeeping itself.

Final Thoughts: Understanding Safekeeping in South Carolina

A safekeeping charge in South Carolina is a lawful, Governor-authorized tool designed to protect inmates, staff, and the public when county jails cannot safely house certain high-risk pre-trial detainees. It does not add new criminal liability and is governed by clear statutes and SCDC policy.

If your loved one appears under safekeeping status, stay in close contact with their attorney and the county solicitor’s office. For the most current information, always refer directly to official sources: the South Carolina Code of Laws, SCDC policies, and your local sheriff’s department.

Need immediate help?

  • SCDC Inmate Search: doc.sc.gov
  • County Sheriff Offices: Search “[Your County] SC Sheriff Inmate Search”
  • Legal questions: Contact a South Carolina criminal defense attorney familiar with pre-trial detention matters.

This guide is current as of the latest available official policies and statutes. Laws can be updated, so verify details with primary sources for your specific situation.