How should a South Carolina school crime report an incident handled without an arrest?

Plain-English summary

An official at the South Carolina School for the Deaf and Blind asked how to complete a school crime incident report after a student stole money but the school handled the incident without an arrest. The Attorney General approved marking the report "Handled by school" in that situation. It also said the absence of an arrest did not end the reporting duty: a law enforcement officer still had to report the incident to the AG's office if it met the statutory reporting criteria.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Which report category applied when the school handled an incident without an arrest?
A: The AG said "Handled by school" was the correct category in the described situation.

Q: Did a police officer still have to report an incident if nobody was arrested?
A: Yes, if the incident qualified for reporting under Section 59-24-60. The opinion said an arrest was not required for that reporting duty.

Background and statutory framework

Section 59-24-60 governed when school administrators notified law enforcement about incidents on school property or at school activities. Section 59-63-350 required local law enforcement to report qualifying incidents to the AG's office. The letter addressed the form's category and the continuing reporting duty, not whether every school theft met the statutory threshold.

Citations

• Section 59-24-60
• Section 59-63-350

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-31-2004-3/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04aug-31-Sherlin.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY MCMASTER
ATIDRNEY GENERAL

August 31, 2004

Mr. Keith A. Sherlin
SC School for the Deaf and Blind
355 Cedar Spring Road
Spartanburg, South Carolina 29302
Dear Mr. Sherlin:
In a letter to this office you raised a question regarding the school crime incident report form which is forwarded to the Attorney General's office. You referenced the situation where a student has stolen some money at school. As you indicate, pursuant to S.C. Code Ann. Section 59-24-60 (2004), the school reports the incident to law enforcement. As stated by such provision,

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... school administrators must contact law enforcement authorities immediately upon notice that a person is engaging or has engaged in activities on school property or at a school sanctioned or sponsored activity which may result or results in injury or serious threat of injury to the person of another or to another person or his property as defined in local board policy. Pursuant to S.C. Code Ann. Section 59-63-350 (2004), local law enforcement officials report such incident to the Attorney General's office as it is a " ... crime reported pursuant to Section 59-24-60". You have asked the correct procedure in filling out the school crime incident report. As to the cases where the incident is handled by the school and no arrest is made, you are correct in your reporting on the incident report under the category of "Handled by school". As you indicate in your letter, an officer may not always make an arrest in a situation but the

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Mr. Sherlin
Page2
August 31, 2004

officer is required to report the incident to the Attorney General's office if it qualifies to be reported under Section 59-24-60. With kind regards, I am, Very truly yours,

Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General

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