State v. Mills

I respectfully dissent. The majority holds that S.C.Code Ann. § 24-21-560 (Supp.2003) permits an inmate found to have violated the terms of his community supervision program (CSP) to serve an additional sentence,3 up to an amount equal to the period of incarceration imposed as part his original sentence. I would read the statute differently.

CSP “serves essentially the same function for persons convicted of ‘no parole offenses’ as parole does for other inmates.” Jackson v. State, 349 S.C. 62, 562 S.E.2d 475 (2002). As with parole, the Department of Probation, Parole, and Pardon Services…