GENERAL COUNSEL

OVERVIEW
The South Carolina Department of Corrections (SCDC) is committed to upholding the intent and the letter of the South Carolina Freedom of Information Act (FOIA). Only those records or information defined as "public records" under S.C. Code Ann. Section 30-4-20 (c) and not excluded under Section 30-4-40 of the South Carolina Freedom of Information Act will be released to the requestor. With the exception of requests pursuant to S.C. Code Ann. 30-4-30 (d), SCDC requires individuals requesting information under the FOIA to submit their request in writing to SCDC's FOIA Coordinator. Written requests must include the following:
  • a simple description of the requested information
  • the name, address, and phone number of the person making the request
Written FOIA requests can be mailed or emailed to:
FOIA Coordinator
Office of General Counsel
South Carolina Department of Corrections
Post Office Box 21787
Columbia, SC 29221-1787
FOIA@doc.sc.gov

Interstate Agreement on Detainiers (IAD) Form VI
Form VI's should be mailed or faxed to the following:
Office of General Counsel
South Carolina Department of Corrections
Post Office Box 21787
Columbia, SC 29221-1787
(803)896-1766 (Fax)

Service of Documents Upon Inmates
Documents requiring service upon an inmate should be submitted to following:
Office of General Counsel
South Carolina Department of Corrections
Post Office Box 21787
Columbia, SC 29221-1787
(803)896-1766 (Fax)
  • Submit 2 sets of the pleadings and a self addressed stamped envelope. SCDC can use your Affidavit of Service or we can use a template. Please provide in your cover letter the inmate's SCDC ID number, date of birth or social security number so that we can identify the inmate to be served. Please note if there are any time restrictions involved. The papers can be faxed if there is a time restraint.
  • Please be advised that SCDC does not accept service for inmates; however, we will have the inmate served and provide you with an Affidavit of Service.
  • If you also require that the inmate be transported to court, you will need an Order of Transport signed by a Judge which will need to be provided to Lisa Miller in Classification at least 48 hours in advance of the court date. You may email Lisa Miller at miller.lisa@doc.sc.gov.
Subpoenas for Records Production
  • Subpoenas for records production should be submitted to the following:
Office of General Counsel
South Carolina Department of Corrections
Post Office Box 21787
Columbia, SC 29221-1787
(803)896-1766 (Fax)
FOIA@doc.sc.gov
  • Subpoenas will be reviewed by an attorney for validity. Once approved, they will be forwarded to appropriate area for records production.
  • When submitting subpoenas, please specify what documents you are trying to obtain as SCDC has multiple Record Custodians.
Subpoenas for Inmate Phone Records
  • Subpoenas for inmate phone records prior to January of 2012 should be submitted to the following:
Mel Khanthavong or Angela Perry
Securus Technologies
3000 Kellway Drive Suite 150
Carrollton, TX 75006
  • Subpoenas will be reviewed by an attorney for validity. Once approved, they will be forwarded to appropriate area for records production.
Andrea Melera
Executive Assistant - Legal
Global Tel*Link Corporation
12021 Sunset Hill Road #100
Reston, VA 20190

Subpoenas for Appearance
  • SCDC will not accept service of a subpoena for an individual.
  • Subpoenas for appearances should be directed to the individual required to appear.
  • When effecting service of a subpoena, the employee must be present to accept and must be served at their current employment location.
  • If you also require that the inmate be transported to court, you will need an Order of Transport signed by a Judge which will need to be provided to Lisa Miller in Classification at least 48 hours in advance of the court date. You may email Lisa Miller at miller.lisa@doc.sc.gov.
Safekeepers
  • A request for safekeeping should be submitted to the following:
Office of General Counsel
South Carolina Department of Corrections
Post Office Box 21787
Columbia, SC 29221-1787
(803)896-1766 (Fax)
FOIA@doc.sc.gov
  • An individual held in county pre-trial confinement may be transferred to the custody of the SCDC pursuant to Section 24-3-80, South Carolina Code of Laws, 1976, as amended, and State of South Carolina Executive Order #2000-11 if the individual falls into one of the following categories: 1) is considered to be high escape risk; 2) exhibits extremely violent and uncontrollable behavior; or 3) must be removed from the county facility to protect the individual from the general population or from other detainees.
  • The county is responsible for providing SCDC with necessary documentation. The following documentation is required: a properly issued arrest warrant; an affidavit from the chief law enforcement of the county giving reasons why the individual should be held in SCDC; a certificate of service indicating that notice of the application of safekeeping filed by the county has been given to the individual's attorney; a signed notice by the detainee's attorney indicating that the attorney has been notified of the proposed action; a mental health evaluation and a medical evaluation; a certificate prepared by the circuit solicitor indicating concurrence with the proposed safekeeping transfer.
  • Once documentation is received it must be reviewed by the General Counsel and Regional Director. After their review and approval it must then go to the Director's Office for approval. Once the Director has approved it will then be forwarded to the Governor's Office for approval.
  • If a Safekeeper request is disapproved the county that requested the Safekeeping will be notified.
  • The original Safekeeper request is valid for 120 days. 30 days prior to expiration the county must submit an extension request. If approved the extension is valid for 90 days from the date of expiration of the Order currently in effect.
  • Any medical expenses incurred by the South Carolina Department of Corrections in conjunction with this Safekeeping Order are to be paid by the County.
  • Transportation to court hearings and necessary appointments of an individual being held for safekeeping by the Department of Corrections is the responsibility of the County that requested the safekeeping of the individual. In emergency situations, the Department of Corrections may provide transportation.
  • Any transportation of the Defendant pursuant to this Safekeeping Order will be by an armed representative of County Law Enforcement and the Defendant shall be shackled at all times to ensure the safety and well being of the officer and general public.
  • A safekeeping order must not be utilized as a means to acquire or provide medical services, medical attention or to hospitalize a pretrial detainee in the Department of Corrections. Mentally ill or ... individuals are not eligible for safekeeping at the Department of Corrections.
  • All medical costs associated with an individual held the Department of Corrections for safekeeping who develops a need for hospitalization or other special medical attention while in the custody of the Department of Corrections is the responsibility of the County that requested the safekeeping of the individual.
Request to add Attorney to Inmate Phone List/Monitor and Recording

An inmate does not have to do anything to add an attorney to his/her list. The inmate phone system does not require the inmate to establish a calling list. The inmate can call an attorney as long as the attorney is willing to accept the call and charges. The call will be recorded and monitored until the attorney sends a request to the General Counsel on official letterhead indicating the attorney's law office, address and telephone number. The attorney must state in the letter that he/she is representing the inmate and include the inmate's name and SCDC number. The attorney must request that he/she does not want the calls between the attorney of record and the inmate to be recorded or monitored.