Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Chapter 21, Title 24 of the 1976 Code is amended to read:
Section 24-21-5. As
used in this chapter:
(1) 'Administrative
monitoring' means a form of monitoring by the
department Division of Probation, Parole and
Pardon Services beyond the end of the term of supervision in
which the only remaining condition of supervision not completed
is the payment of financial obligations. Under administrative
monitoring, the only condition of the monitoring shall be the
requirement that reasonable progress be made toward the payment
of financial obligations. The payment of monitoring mandated
fees shall continue. When an offender is placed on
administrative monitoring, he shall register with the
department's representative in his county, notify the department
of his current address each quarter, and make payments on
financial obligations owed, until the financial obligations are
paid in full or a consent order of judgment is filed.
(2) 'Criminal risk
factors' mean characteristics and behaviors that, when addressed
or changed, affect a person's risk for committing crimes. The
characteristics may include, but not be limited to, the
following risk and criminogenic need factors: antisocial
behavior patterns; criminal personality; antisocial attitudes,
values, and beliefs; poor impulse control; criminal thinking;
substance abuse; criminal associates; dysfunctional family or
marital relationships; or low levels of employment or education.
(3)
'Department Divison' means the
Department Division of Probation, Parole
and Pardon Services.
(4) 'Evidence-based
practices' mean supervision policies, procedures, and practices
that scientific research demonstrates reduce recidivism among
individuals on probation, parole, or post-correctional
supervision.
(5) 'Financial
obligations' mean fines, fees, and restitution either ordered by
the court or statutorily imposed.
(6) 'Hearing officer'
means an employee of the department who conducts preliminary
hearings to determine probable cause on alleged violations
committed by an individual under the supervision of the
department and as otherwise provided by law. This includes, but
is not limited to, violations concerning probation, parole, and
community supervision. The hearing officer also conducts
preliminary hearings and final revocation hearings for
supervised furlough, youthful offender conditional release
cases, and such other hearings as required by law.
Section 24-21-10. (A)
The department Division
of Probation, Parole and Pardon Services is governed
by its director. The director must be appointed by the Governor
with the advice and consent of the Senate. To qualify for
appointment, the director must have a baccalaureate or more
advanced degree from an institution of higher learning that has
been accredited by a regional or national accrediting body,
which is recognized by the Council for Higher Education
Accreditation and must have at least ten years of training and
experience in one or more of the following fields: parole,
probation, corrections, criminal justice, law, law enforcement,
psychology, psychiatry, sociology, or social work
a division of the South Carolina Department of
Corrections.
(B) The Board of
Probation, Parole and Pardon Services is composed of seven
members. The terms of office of the members are for six years.
Six of the seven members must be appointed from each of the
congressional districts and one member must be appointed at
large. The at-large appointee shall have at least five years of
work or volunteer experience in one or more of the following
fields: parole, probation, corrections, criminal justice, law,
law enforcement, psychology, psychiatry, sociology, or social
work. Vacancies must be filled by gubernatorial appointment
with the advice and consent of the Senate for the unexpired
term. If a vacancy occurs during a recess of the Senate, the
Governor may fill the vacancy by appointment for the unexpired
term pending the consent of the Senate, provided the appointment
is received for confirmation on the first day of the Senate's
next meeting following the vacancy. A chairman must be elected
annually by a majority of the membership of the board. The
chairman may serve consecutive terms.
(C) The Governor shall
deliver an appointment within sixty days of the expiration of a
term, if an individual is being reappointed, or within ninety
days of the expiration of a term, if an individual is an initial
appointee. If a board member who is being reappointed is not
confirmed within sixty days of receipt of the appointment by the
Senate, the appointment is considered rejected. For an initial
appointee, if confirmation is not made within ninety days of
receipt of the appointment by the Senate, the appointment is
deemed rejected. The Senate may by resolution extend the period
after which an appointment is considered rejected. If the
failure of the Senate to confirm an appointee would result in
the lack of a quorum of board membership, the seat for which
confirmation is denied or rejected shall not be considered when
determining if a quorum of board membership exists.
(D) Within ninety days
of a parole board member's appointment by the Governor and
confirmation by the Senate, the board member must complete a
comprehensive training course developed by the department using
training components consistent with those offered by the
National Institute of Corrections or the American Probation and
Parole Association. This training course must include classes
regarding the following:
(1)
the elements of the decision making process, through the
use of evidence-based practices for determining offender risk,
needs and motivations to change, including the actuarial
assessment tool that is used by the parole agent;
(2)
security classifications as established by the Department
of Corrections;
(3)
programming and disciplinary processes and the
department's supervision, case planning, and violation process;
(4)
the dynamics of criminal victimization; and
(5)
collaboration with corrections related stakeholders, both
public and private, to increase offender success and public
safety.
The department
division must promulgate regulations setting forth the
minimum number of hours of training required for the board
members and the specific requirements of the course that the
members must complete.
(E)(1) Each parole
board member is also required to complete a minimum of eight
hours of training annually, which shall be provided for in the
department's annual budget. This annual training course must be
developed using the training components consistent with those
offered by the National Institute of Corrections or American
Probation and Parole Association and must offer classes
regarding:
(a)
a review and analysis of the effectiveness of the
assessment tool used by the parole agents;
(b)
a review of the department's progress toward public safety
goals;
(c)
the use of data in decision making; and
(d)
any information regarding promising and evidence-based
practices offered in the corrections related and crime victim
dynamics field.
The department
division must promulgate regulations setting forth the
specific criteria for the course that the members must
complete.
(2)
If a parole board member does not fulfill the training as
provided in this section, the Governor, upon notification, must
remove that member from the board unless the Governor grants the
parole board member an extension to complete the training, based
upon exceptional circumstances.
(F) The
department division must develop a plan
that includes the following:
(1)
establishment of a process for adopting a validated
actuarial risk and needs assessment tool consistent with
evidence-based practices and factors that contribute to criminal
behavior, which the parole board shall use in making parole
decisions, including additional objective criteria that may be
used in parole decisions;
(2)
establishment of procedures for the department on the use
of the validated assessment tool to guide the
department division, parole board, and
agents of the department division in
determining supervision management and strategies for all
offenders under the department's
division's supervision, including offender risk
classification, and case planning and treatment decisions to
address criminal risk factors and reduce offender risk of
recidivism; and
(3)
establishment of goals for the department
division, which include training requirements, mechanisms
to ensure quality implementation of the validated assessment
tool, and safety performance indicators.
(G) The
director division shall submit the plan
in writing to the Sentencing Reform Oversight Committee no later
than July 1, 2011. Thereafter, the department
division must submit an annual report to the Sentencing
Reform Oversight Committee on its performance for the previous
fiscal year and plans for the upcoming year. The
department division must collect and
report all relevant data in a uniform format of both board
decisions and field services and must annually compile a summary
of past practices and outcomes.
Section 24-21-11. The
director and members of the board shall be
subject to removal by the Governor pursuant to the provisions of
Section 1-3-240.
Section 24-21-12. The members of the board shall draw no salaries, but each member shall be entitled to such per diem as may be authorized by law for boards, commissions, and committees, plus actual and necessary expenses incurred pursuant to the discharge of official duties.
Section 24-21-13.
(A) It is the duty of
the director Director of the Department of
Corrections to oversee, manage, and control the
department division. The director shall
develop written policies and procedures for the following:
(1)
the supervising of offenders on probation, parole,
community supervision, and other offenders released from
incarceration prior to before the
expiration of their sentence, which supervising shall be based
on a structured decision-making guide designed to enhance public
safety, which uses evidence-based practices and focuses on
considerations of offenders' criminal risk factors;
(2)
the consideration of paroles and pardons and the
supervision of offenders in the community supervision program
and other offenders released from incarceration prior to the
expiration of their sentence. The requirements for an
offender's participation in the community supervision program
and an offender's progress toward completing the program are to
be decided administratively by the Department
Division of Probation, Parole and Pardon Services. No
inmate or future inmate shall have a 'liberty interest' or an
'expectancy of release' while in a community supervision program
administered by the department division;
(3)
the operation of community-based correctional services and
treatment programs; and
(4)
the operation of public work sentence programs for
offenders as provided in item (1) of this subsection. This
program also may be utilized as an alternative to technical
revocations. The director shall establish priority programs for
litter control along state and county highways. This must be
included in the 'public service work' program.
(B) It is the duty of
the board to consider cases for parole, pardon, and any other
form of clemency provided for under law.
Section 24-21-30. (A)
A person who commits a 'no parole offense'
as defined in Section 24-13-100 on or after the effective date
of this section is not eligible for parole consideration, but
must complete a community supervision program as set forth in
Section 24-21-560 prior to before
discharge from the sentence imposed by the court. For all
offenders who are eligible for parole, the board shall hold
regular meetings, as may be necessary to carry out its duties,
but at least four times each year, and as many extra meetings as
the chairman, or the Governor acting through the chairman, may
order. The board may preserve order at its meetings and punish
any disrespect or contempt committed in its presence. The
chairman may direct the members of the board to meet as
three-member panels to hear matters relating to paroles and
pardons as often as necessary to carry out the board's
responsibilities. Membership on these panels shall be
periodically rotated on a random basis by the chairman. At the
meetings of the panels, any unanimous vote shall be considered
the final decision of the board, and the panel may issue an
order of parole with the same force and effect of an order
issued by the full board pursuant to Section 24-21-650. Any
vote that is not unanimous shall not be considered as a decision
of the board, and the matter shall be referred to the full board
which shall decide it based on a vote of a majority of the
membership.
(B) The board may grant
parole to an offender who commits a violent crime as defined in
Section 16-1-60 which is not included as a 'no parole offense'
as defined in Section 24-13-100 on or after the effective date
of this section by a two-thirds majority vote of the full board.
The board may grant parole to an offender convicted of an
offense which is not a violent crime as defined in Section
16-1-60 or a 'no parole offense' as defined in Section 24-13-100
by a unanimous vote of a three-member panel or by a majority
vote of the full board.
Nothing in this subsection may be construed
to allow any person who commits a 'no parole offense' as defined
in Section 24-13-100 on or after the effective date of this
section to be eligible for parole.
(C) The board shall
conduct all parole hearings in cases that relate to a single
victim on the same day.
(D) Upon the request of
a victim, the board may allow the victim and an offender to
appear simultaneously before the board for the purpose of
providing testimony.
Section 24-21-32. (A)
For purposes of this section, 'release date'
means the date determined by the South Carolina Department of
Corrections on which an inmate is released from prison, based on
the inmate's sentence and all earned credits allowed by law.
(B) Notwithstanding the
provisions of this chapter, an inmate, who is not required to
participate in a community supervision program pursuant to
Article 6, Chapter 21, Title 24, shall be placed on reentry
supervision with the department division
before the expiration of the inmate's release date. Inmates who
have been incarcerated for a minimum of two years shall be
released to reentry supervision one hundred eighty days before
their release date. For an inmate whose sentence includes
probation, the period of reentry supervision is reduced by the
term of probation.
(C) The individual
terms and conditions of reentry supervision shall be developed
by the department division using an
evidence-based assessment of the inmate's needs and risks. An
inmate placed on reentry supervision must be supervised by a
probation agent of the department
division. The department
division shall promulgate regulations for the terms and
conditions of reentry supervision. Until such time as
regulations are promulgated, the terms and conditions shall be
based on guidelines developed by the director.
(D) If the
department division determines that an
inmate has violated a term or condition of reentry supervision
sufficient to revoke the reentry supervision, a probation agent
must initiate a proceeding before a department
division administrative hearing officer. The proceeding
must be initiated pursuant to a warrant or a citation describing
the violations of the reentry supervision. No inmate arrested
for violation of a term or condition of reentry supervision may
be released on bond; however, he shall be credited with time
served as set forth in Section 24-13-40 toward his release date.
If the administrative hearing officer determines the inmate has
violated a term or condition of reentry supervision, the hearing
officer may impose other terms or conditions set forth in the
regulations or department division
guidelines, and may continue the inmate on reentry supervision,
or the hearing officer may revoke the inmate's reentry
supervision and the inmate shall be incarcerated up to one
hundred eighty days, but the maximum aggregate time that the
inmate shall serve on reentry supervision or for revocation of
the reentry supervision shall not exceed an amount of time equal
to the length of incarceration imposed by the court for the
offense that the inmate was serving at the time of his initial
reentry supervision. The decision of the administrative hearing
officer on the reentry supervision shall be final and there
shall be no appeal of his decision.
Section 24-21-35. The
Department Division of Probation, Parole
and Pardon Services Board shall make its administrative
recommendations available to a victim of a crime before it
conducts a parole hearing for the perpetrator of the crime.
Section 24-21-40. The
Board board shall keep a complete record
of all its proceedings and hold it subject to the order of the
Governor or the General Assembly.
Section 24-21-50. The board shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering a case for parole, pardon, or any other form of clemency provided for under law. No inmate has a right of confrontation at the hearing.
Section 24-21-55.
The Department
Division of Probation, Parole and Pardon Services shall
receive a hearing fee under a plan approved by the State
Budget and Control Board.
Section 24-21-60. Each
city, county, or state official or department shall assist and
cooperate to further the objectives of this chapter. The board,
the director of the department division,
and the probation agents may seek the cooperation of officials
and departments and especially of the sheriffs, jailers,
magistrates, police officials, and institutional officers. The
director may conduct surveys of state correctional facilities,
county jails, and camps and obtain information to enable the
board to pass intelligently upon all applications for parole.
The Director of the Department of Corrections and the wardens,
jailers, sheriffs, supervisors, or other officers in whose
control a prisoner may be committed must aid and assist the
director and the probation agents in the surveys.
Section 24-21-70. The
Director of the Department of Corrections, when a prisoner is
confined in the State Penitentiary
Department of Corrections, the sheriff of the county,
when a person is confined in the county jail, and the county
supervisor or chairman of the governing body of the county if
there is no county supervisor, when a prisoner is confined upon
a work detail of a county, must keep a record of the industry,
habits, and deportment of the prisoner, as well as other
information requested by the board or the director and furnish
it to them upon request.
Section 24-21-80. An
adult placed on probation, parole, or community supervision
shall pay a regular supervision fee toward offsetting the cost
of his supervision for so long as he remains under supervision.
The regular supervision fee must be determined by the
Department of Division of Probation,
Parole, and Pardon Services based upon the
ability of the person to pay. The fee must be not less than
twenty dollars nor more than one hundred dollars per month. The
fee is due on the date of sentencing or as soon as determined by
the department division and each
subsequent anniversary for the duration of the supervision
period. The department division shall
remit from the fees collected an amount not to exceed the
regular supervision fees collected during fiscal year
1992-93 1993 for credit to the State
General Fund. All regular supervision fees collected in excess
of the fiscal year 1992-93 1993 amount
must be retained by the department
division, carried forward, and applied to the
department's division's operation. The
payment of the fee must be a condition of probation, parole, or
community supervision, and a delinquency of two months or more
in making payments may operate as a revocation.
If a probationer is placed under intensive
supervision by a court of competent jurisdiction, or if the
board places a parolee under intensive supervision, or if an
inmate who is participating in the Supervised Furlough Program
is placed under intensive supervision, or if a person
participating in a community supervision program is placed under
intensive supervision, the probationer, parolee, inmate, or
community supervisee is required to pay not less than ten
dollars nor more than thirty dollars each week for the duration
of intensive supervision in lieu of the regular supervision fee.
The intensive supervision fee must be determined by the
department division based upon the
ability of the person to pay. Fees derived from persons under
intensive supervision must be retained by the
department division, carried forward,
and applied to the department's
division's operation. The department
division may exempt any individual supervised by the
department division on any community
supervision program from the payment of a part or all of the
yearly or weekly fee during any part or all of the supervision
period only if the department division
determines that exceptional circumstances exist such that these
payments work a severe hardship on the individual.
Delinquencies of two months or more in payment of a reduced fee
operates in the same manner as delinquencies for the full
amount. The department division may
substitute public service employment for supervision fees when
it considers the same to be in the best interest of the State
and the individual.
Section 24-21-85. Every
person placed on electronic monitoring must be assessed a fee to
be determined by the Department of Division
of Probation, Parole and Pardon Services in accordance with
Section 24-21-80, as long as he remains in the electronic
monitoring program. The payment of the fee must be a condition
of supervision of any program administered by the
department division and a delinquency of
two months or more in making payments may operate as a
revocation. All fees generated by this assessment must be
retained by the department division to
support the electronic monitoring program and carried forward
for the same purpose.
Section 24-21-87. (A)
The department Division
of Probation, Parole and Pardon Services may charge
offenders a fee based on the number of miles and length of time
required to perform an extradition. The fee must be used to
offset the cost of extradition. All unexpended revenues of this
fee at year end must be retained and carried forward by the
department and expended for the same purpose.
(B) The department may
charge a fee to offenders required to have maintenance
polygraphs. This fee may not exceed the actual cost of the
maintenance polygraph. All unexpended revenues of this fee at
year end must be retained and carried forward by the department
and expended for the same purpose.
Section 24-21-90. Each
supervising agent shall keep an accurate account of the money he
collects pursuant to Sections Section
24-21-80, 24-23-210(B), and 24-23-220 and shall
give a receipt to the probationer and individual under
supervision for each payment. Money collected must be forwarded
to the board and deposited in the state treasury.
Section 24-21-100. (A)
Notwithstanding the provisions of Section
24-19-120, 24-21-440, 24-21-560(B), or 24-21-670, when an
individual has not fulfilled his obligations for payment of
financial obligations by the end of his term of supervision,
then the individual shall be placed under quarterly
administrative monitoring, as defined in Section 24-21-5, by the
department division until such time as
those financial obligations are paid in full or a consent order
of judgment is filed. If the individual under administrative
monitoring fails to make reasonable progress toward the payment
of such financial obligations, as determined by the
department division, the
department division may petition the
court to hold an individual in civil contempt for failure to pay
the financial obligations. If the court finds the individual
has the ability to pay but has not made reasonable progress
toward payment, the court may hold the individual in civil
contempt of court and may impose a term of confinement in the
local detention center until payment of the financial
obligations, but in no case to exceed ninety days of
confinement. Following any term of confinement, the individual
shall be returned to quarterly administrative monitoring by the
department division. If the individual
under administrative monitoring does not have the ability to pay
the financial obligations and has no reasonable likelihood of
being able to pay in the future, the department
division may submit a consent order of judgment to the
court, which shall relieve the individual of any further
administrative monitoring.
(B) An individual
placed on administrative monitoring shall pay a regular
monitoring fee toward offsetting the cost of his administrative
monitoring for the period of time that he remains under
monitoring. The regular monitoring fee must be determined by
the department division based upon the
ability of the person to pay. The fee must not be more than ten
dollars a month. All regular monitoring fees must be retained
by the department division, carried
forward, and applied to the department's
division's operation.
Section 24-21-110. (A)
In response to a violation of the terms and
conditions of any supervision program operated by the
department division, whether pursuant to
statute or contract with another state agency, the probation
agent may, with the concurrence of his supervisor and, as an
alternative to issuing a warrant or citation, serve on the
offender a notice of administrative sanctions. The agent must
not serve a notice of administrative sanctions on an offender
for violations of special conditions if a sentencing court
provided that those violations would be heard by the court. The
administrative sanctions must be equal to or less restrictive
than the sanctions available to the revoking authority, with the
exception of revocation.
(B) If the offender
agrees in writing to the additional conditions set forth in the
notice or order of administrative sanctions, the conditions must
be implemented with swiftness and certainty. If the offender
does not agree, or if after agreeing the offender fails to
fulfill the additional conditions to the satisfaction of the
probation agent and his supervisor, then the probation agent may
commence revocation proceedings.
(C) In addition to the
notice of administrative sanctions, a hearing officer with the
department division may, as an
alternative to sending a case forward to the revoking authority,
impose on the offender an order of administrative sanctions.
The order may be made only after the hearing officer has made a
finding of probable cause at a preliminary hearing that an
offender has violated the terms and conditions of any
supervision program operated by the department
division, whether pursuant to statute or a contract with
another state agency. The administrative sanctions must be
equal to or less restrictive than the sanctions available to the
revoking authority, with the exception of revocation. The
sanctions must be implemented with swiftness and certainty.
(D) The administrative
sanctions shall be established by regulations of the
department division, as set forth by
established administrative procedures. The
department division shall delineate in
the regulations a listing of administrative sanctions for the
most common types of supervision violations including, but not
limited to: failure to report; failure to pay fines, fees, and
restitution; failure to participate in a required program or
service; failure to complete community service; and failure to
refrain from the use of alcohol or controlled substances. The
sanctions shall consider the severity of the current violation,
the offender's previous criminal record, the number and severity
of previous supervision violations, the offender's assessment,
and the extent to which administrative sanctions were imposed
for previous violations. The department
division, in determining the list of administrative
sanctions to be served on an offender, shall ascertain the
availability of community-based programs and treatment options
including, but not limited to: inpatient and outpatient
substance abuse treatment facilities; day reporting centers;
restitution centers; intensive supervision; electronic
monitoring; community service; programs to reduce criminal risk
factors; and other community-based options consistent with
evidence-based practices.
(E) The
department division shall provide
annually to the Sentencing Reform Oversight Committee:
(1)
the number of offenders who were placed on administrative
sanctions during the prior fiscal year and who were not returned
to incarceration within that fiscal year;
(2)
the number and percentage of offenders whose supervision
programs were revoked for violations of the conditions of
supervision and ordered to serve a term of imprisonment. This
calculation shall be based on the fiscal year prior to the
fiscal year in which the report is required. The baseline
revocation rate shall be the revocation rate in Fiscal Year
2010; and
(3)
the number and percentage of offenders who were convicted
of a new offense and sentenced to a term of imprisonment. This
calculation shall be based on the fiscal year prior to the
fiscal year in which the report is required. The baseline
revocation rate shall be the revocation rate in Fiscal Year
2010.
Section 24-21-220.
The director is vested with the exclusive
management and control of the department
division and is responsible for the management of the
department division and for the proper
care, assessment, treatment, supervision, and management of
offenders under its control. The director shall manage and
control the department division and it
is the duty of the director to carry out the policies of the
department division. The director is
responsible for scheduling board meetings, assuring that the
proper cases and investigations are prepared for the board,
maintaining the board's official records, and performing other
administrative duties relating to the board's activities. The
director must employ within his office such personnel as may be
necessary to carry out his duties and responsibilities including
the functions of probation, parole, and community supervision,
community-based programs, financial management, research and
planning, staff development and training, and internal audit.
The director shall make annual written reports to the board, the
Governor, and the General Assembly providing statistical and
other information pertinent to the department's
division's activities.
Section 24-21-221.
The director of the division must
give a thirty-day written notice of any board hearing during
which the board will consider parole for a prisoner to the
following persons:
(1) any victim of the
crime who suffered damage to his person as a result thereof or
if such victim is deceased, to members of his immediate family
to the extent practicable;
(2) the solicitor who
prosecuted the prisoner or his successor in the jurisdiction in
which the crime was prosecuted; and
(3) the law enforcement
agency that was responsible for the arrest of the prisoner
concerned.
Section 24-21-230.
(A) The director of
the division must employ probation agents required for
service in the State and clerical assistants as necessary. The
probation agents must take and pass psychological and qualifying
examinations as directed by the director. The director must
ensure that each probation agent receives adequate training.
Until the initial employment requirements are met, no person may
take the oath of a probation agent nor exercise the authority
granted to them.
(B) The director must
employ hearing officers who conduct preliminary hearings to
determine probable cause on violations committed by individuals
under the supervision of the department
division and as otherwise provided by law. This
includes, but is not limited to, violations concerning
probation, parole, and community supervision. The hearing
officer also conducts preliminary hearings and final revocation
hearings for supervised furlough, youthful offender conditional
release cases, and such other hearings as required by law. The
department division shall promulgate
regulations for the qualifications of the hearing officers and
the procedures for the preliminary hearings. Until regulations
are adopted, the qualifications and procedures shall be based on
guidelines developed by the director.
Section 24-21-235.
The Department of
Division of Probation, Parole and Pardon Services is
authorized to issue duty clothing for the use of
department division employees.
Section 24-21-237.
Meals may be provided to employees of the
department Division of Probation, Parole and
Pardon Services who are not permitted to leave duty stations
and are required to work during deployments, actual emergencies,
emergency simulation exercises, and when the Governor declares a
state of emergency.
Section 24-21-240. Each person appointed as a probation agent must take an oath of office as required of state officers which must be noted of record by the clerk of court.
Section 24-21-250.
The probation agents must be paid salaries,
to be fixed by the department division
payable semimonthly, and also be paid traveling and other
necessary expenses incurred in the performance of their official
duties when the expense accounts have been authorized and
approved by the director.
Section 24-21-260. Probation agents appointed under Section 24-21-230 must be assigned to serve in courts or districts or other places the director of the division may determine.
Section 24-21-270. The governing body of each county in which a probation agent serves shall provide, in or near the courthouse, suitable office space for such agent.
Section 24-21-280.
(A) A probation agent
must investigate all cases referred to him for investigation by
the judges or director and report in writing. He must furnish
to each person released on probation, parole, or community
supervision under his supervision a written statement of the
conditions of probation, parole, or community supervision and
must instruct him regarding them. He must keep informed
concerning the conduct and condition of each person on
probation, parole, or community supervision under his
supervision by visiting, requiring reports, and in other ways,
and must report in writing as often as the court or director may
require. He must use practicable and suitable methods that are
consistent with evidence-based practices to aid and encourage
persons on probation, parole, or community supervision to bring
about improvement in their conduct and condition and to reduce
the risk of recidivism for the offenders under his supervision.
A probation agent must keep detailed records of his work, make
reports in writing, and perform other duties as the director may
require.
(B) A probation agent
has, in the execution of his duties, the power to issue an
arrest warrant or a citation charging a violation of conditions
of supervision, the powers of arrest, and, to the extent
necessary, the same right to execute process given by law to
sheriffs. A probation agent has the power and authority to
enforce the criminal laws of the State. In the performance of
his duties of probation, parole, community supervision, and
investigation, he is regarded as the official representative of
the court, the department division, and
the board.
(C) A probation agent
must conduct an actuarial assessment of offender risks and
needs, including criminal risk factors and specific needs of
each individual, under the supervision of the
department division, which shall be used
to make objectively based decisions that are consistent with
evidence-based practices on the type of supervision and services
necessary. The actuarial assessment tool shall include
screening and comprehensive versions. The screening version
shall be used as a triage tool to determine offenders who
require the comprehensive version. The director also shall
require each agent to receive annual training on evidence-based
practices and criminal risks factors and how to target these
factors to reduce recidivism.
(D) A probation agent,
in consultation with his supervisor, shall identify each
individual under the supervision of the
department division, with a term of
supervision of more than one year, and shall calculate and award
compliance credits as provided in this section. Credits may be
earned from the first day of supervision on a thirty-day basis,
but shall not be applied until after each thirty-day period of
supervision has been completed. Compliance credits may be
denied for noncompliance on a thirty-day basis as determined by
the department division. The denial of
nonearned compliance credits is a final decision of the
department division and is not subject
to appeal. An individual may earn up to twenty days of
compliance credits for each thirty-day period in which he has
fulfilled all of the conditions of his supervision, has no new
arrests, and has made all scheduled payments of his financial
obligations.
(E) Any portion of the
earned compliance credits are subject to be revoked by the
department division if an individual
violates a condition of supervision during a subsequent
thirty-day period.
(F) The
department division shall provide
annually to the Sentencing Reform Oversight Committee the number
of offenders who qualify for compliance credits and the amount
of credits each has earned within a fiscal year.
Section 24-21-290. All information and data obtained in the discharge of his official duty by a probation agent is privileged information, is not receivable as evidence in a court, and may not be disclosed directly or indirectly to anyone other than the judge or others entitled under this chapter to receive reports unless ordered by the court or the director of the division.
Section 24-21-300. At any time during a period of supervision, a probation agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision release, or a person released or furloughed under the Offender Management Systems Act in the agent's judgment violates the conditions of his release or suspended sentence. The citation must be directed to the probationer, the parolee, the community supervision releasee, or the person released or furloughed, and must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation agent. A certificate of service is sufficient proof of service. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board at any hearing on the violation.
Section 24-21-410.
After conviction or plea for any offense,
except a crime punishable by death or life imprisonment, the
judge of a court of record with criminal jurisdiction at the
time of sentence may suspend the imposition or the execution of
a sentence and place the defendant on probation or may impose a
fine and also place the defendant on probation. Probation is a
form of clemency. Before a defendant may be placed on
probation, he must agree in writing to be subject to a search or
seizure, without a search warrant, based on reasonable
suspicions, of the defendant's person, any vehicle the defendant
owns or is driving, and any of the defendant's possessions
by:
(1) any probation agent
employed by the Department Division of
Probation, Parole and Pardon Services; or
(2) any other law
enforcement officer.
A defendant may not be placed on probation
by the court if he fails to comply with this provision and
instead must be required to serve the suspended portion of the
defendant's sentence. However, a defendant who was convicted of
or pled guilty or nolo contendere to a Class C misdemeanor or an
unclassified misdemeanor that carries a term of imprisonment of
not more than one year may not include the requirement that the
defendant agree to be subject to search or seizure, without a
search warrant, with or without cause, of the defendant's
person, any vehicle the defendant owns or is driving, or any of
the defendant's possessions.
Immediately before each search or seizure
pursuant to this section, the law enforcement officer seeking to
conduct the search or seizure must verify with the
Department Division of Probation, Parole
and Pardon Services or by any other means available to the
officer that the individual upon whom the search or seizure will
be conducted is currently on parole. A law enforcement officer
conducting a search or seizure without a warrant pursuant to
this section shall report to the law enforcement agency that
employs him all of these searches or seizures, which shall
include the name, address, age, gender, and race or ethnicity of
the person that is the subject of the search or seizure. The
law enforcement agency shall submit this information at the end
of each month to the Department Division
of Probation, Parole and Pardon Services for review of abuse. A
finding of abuse of the use of searches or seizures without a
search warrant must be reported by the
Department Division of Probation, Parole
and Pardon Services to the State Law Enforcement Division for
investigation. If the law enforcement officer fails to report
each search or seizure pursuant to this section, he is subject
to discipline pursuant to the employing agency's policies and
procedures.
Section 24-21-420. When directed by the court, the probation agent must fully investigate and report to the court in writing the circumstances of the offense and the criminal record, social history, and present condition of the defendant including, whenever practicable, the findings of a physical and mental examination of the defendant. When the services of a probation agent are available to the court, no defendant charged with a felony and, unless the court shall direct otherwise in individual cases, no other defendant may be placed on probation or released under suspension of sentence until the report of such investigation has been presented to and considered by the court.
Section 24-21-430.
The court may impose by order duly entered
and may at any time modify the conditions of probation and may
include among them any of the following or any other condition
not prohibited in this section; however, the conditions imposed
must include the requirement that the probationer must permit
the search or seizure, without a search warrant, based on
reasonable suspicions, of the probationer's person, any vehicle
the probationer owns or is driving, and any of the probationer's
possessions by:
(1) any probation agent
employed by the Department Division of
Probation, Parole and Pardon Services; or
(2) any other law
enforcement officer, but the conditions imposed upon a
probationer who was convicted of or pled guilty or nolo
contendere to a Class C misdemeanor or an unclassified
misdemeanor that carries a term of imprisonment of not more than
one year may not include the requirement that the probationer
agree to be subject to search or seizure, without a search
warrant, with or without cause, of the probationer's person, any
vehicle the probationer owns or is driving, or any of the
probationer's possessions.
By enacting this provision, the General
Assembly intends to provide law enforcement with a means of
reducing recidivism and does not authorize law enforcement
officers to conduct searches for the sole purpose of harassment.
Immediately before each search or seizure pursuant to this
section, the law enforcement officer seeking to conduct the
search or seizure must verify with the
Department Division of Probation, Parole
and Pardon Services or by any other means available to the
officer that the individual upon whom the search or seizure will
be conducted is currently on probation. A law enforcement
officer conducting a search or seizure without a warrant
pursuant to this section shall report to the law enforcement
agency that employs him all of these searches or seizures, which
shall include the name, address, age, gender, and race or
ethnicity of the person that is the subject of the search or
seizure. The law enforcement agency shall submit this
information at the end of each month to the Department of
Probation, Parole and Pardon Services for review of abuse. A
finding of abuse of the use of searches or seizures without a
search warrant must be reported by the
Department Division of Probation, Parole
and Pardon Services to the State Law Enforcement Division for
investigation. If the law enforcement officer fails to report
each search or seizure pursuant to this section, he is subject
to discipline pursuant to the employing agency's policies and
procedures.
To effectively supervise probationers, the
director shall develop policies and procedures for imposing
conditions of supervision on probationers. These conditions may
enhance but must not diminish court imposed conditions.
Section 24-21-440. The period of probation or suspension of sentence shall not exceed a period of five years and shall be determined by the judge of the court and may be continued or extended within the above limit.
Section 24-21-450. At any time during the period of probation or suspension of sentence the court, or the court within the venue of which the violation occurs, or the probation agent may issue or cause the issuing of a warrant and cause the defendant to be arrested for violating any of the conditions of probation or suspension of sentence. Any police officer or other agent with power of arrest, upon the request of the probation agent, may arrest a probationer. In case of an arrest, the arresting officer or agent must have a written warrant from the probation agent setting forth that the probationer has, in his judgment, violated the conditions of probation, and such statement shall be warrant for the detention of such probationer in the county jail or other appropriate place of detention, until such probationer can be brought before the judge of the court or of the court within the venue of which the violation occurs. Such probation agent must forthwith report such arrest and detention to the judge of the court, or of the court within the venue of which the violation occurs, and submit in writing a report showing in what manner the probationer has violated his probation. Provided, that any person arrested for the violation of the terms of probation must be entitled to be released on bond pending a hearing, and such bond shall be granted and the amount thereof determined by a magistrate in the county where the probationer is confined or by the magistrate in whose jurisdiction the alleged violation of probation occurred.
Section 24-21-460. Upon such arrest the court, or the court within the venue of which the violation occurs, shall cause the defendant to be brought before it and may revoke the probation or suspension of sentence and shall proceed to deal with the case as if there had been no probation or suspension of sentence except that the circuit judge before whom such defendant may be so brought shall have the right, in his discretion, to require the defendant to serve all or a portion only of the sentence imposed. Should only a portion of the sentence imposed be put into effect, the remainder of such sentence shall remain in full force and effect and the defendant may again, from time to time, be brought before the circuit court so long as all of his sentence has not been served and the period of probation has not expired.
Section 24-21-480.
The judge may suspend a sentence for a
defendant convicted of a nonviolent offense, as defined in
Section 16-1-70, for which imprisonment of more than ninety days
may be imposed, or as a revocation of probation, and may place
the offender in a restitution center as a condition of
probation. The board may place a prisoner in a restitution
center as a condition of parole. The
department Division of Probation, Parole and
Pardon Services, on the first day of each month, shall
present to the general sessions court a report detailing the
availability of bed space in the restitution center program.
The restitution center is a program under the jurisdiction of
the department division.
The offender must have paid employment and/or be required to
perform public service employment up to a total of fifty hours
per week.
The offender must deliver his salary to the restitution center
staff who must distribute it in the following manner:
(1) restitution to the
victim or payment to the account established pursuant to the
Victims of Crime Act of 1984, Public Law 98-473, Title II,
Chapter XIV, Section 1404, as ordered by the court;
(2) payment of child
support or alimony or other sums as ordered by a court;
(3) payment of any
fines or court fees due;
(4) payment of a daily
fee for housing and food. This fee may be set by the department
with the approval of the State Budget and Control Board. The
fee must be based on the offender's ability to pay not to exceed
the actual costs. This fee must be deposited by the department
with the State Treasurer for credit to the same account as funds
collected under Sections 14-1-210 through 14-1-230;
(5) payment of any
costs incurred while in the restitution center;
(6) if available,
fifteen dollars per week for personal items.
The remainder must be deposited and given
to the offender upon his discharge.
The offender must be in the restitution
center for not more than six months, nor less than three months;
provided, however, in those cases where the maximum term is
less than one year the offender must be in the restitution
center for not more than ninety days nor less than forty-five
days.
Upon release from the restitution center,
the offender must be placed on probation for a term as ordered
by the court.
Failure to comply with program requirements
may result in a request to the court to revoke the suspended
sentence.
No person must be made ineligible for this
program by reason of gender.
Section 24-21-485.
In order for the department
Division of Probation, Parole and Pardon Services to
establish and maintain restitution centers, the director may:
(1) develop policies
and procedures for the operation of restitution centers;
(2) fund other
management options advantageous to the State including, but not
limited to, contracting with public or nonpublic entities for
management of restitution centers;
(3) lease buildings;
(4) develop standards
for disciplinary rules to be imposed on residents of restitution
centers;
(5) develop standards
for the granting of emergency furloughs to participants.
Section 24-21-490.
(A) The
Department Division of Probation, Parole
and Pardon Services shall collect and distribute restitution on
a monthly basis from all offenders under probationary and
intensive probationary supervision.
(B) Notwithstanding
Section 14-17-725, the department
division shall assess a collection fee of twenty percent
of each restitution program and deposit this collection fee into
a separate account. The department
division shall maintain individual restitution accounts
that reflect each transaction and the amount paid, the
collection fee, and the unpaid balance of the account. A
summary of these accounts must be reported to the Governor's
Office, the President of the Senate, the Speaker of the House,
the Chairman of the House Judiciary Committee, and the Chairman
of the Senate Corrections and Penology Committee every six
months following the enactment of this section.
(C) The
department division may retain the
collection fees described in subsection (B) and expend the fees
for the purpose of collecting and distributing restitution.
Unexpended funds at the end of each fiscal year may be retained
by the department and carried forward for use for the same
purpose by the department.
(D) For financial
obligations collected by the department
division pursuant to administrative monitoring
requirements, payments shall be distributed by the department
proportionately to pay restitution and fees based on the ratio
of each category to the total financial obligation owed. Fines
shall continue to be paid and collected pursuant to the
provisions of Chapter 17, Title 14.
Section 24-21-510.
The department Division
of Probation, Parole and Pardon Services shall develop and
operate a comprehensive community control system if the General
Assembly appropriates sufficient funds. The system shall
include community control centers and sentencing options as a
condition of probation, and utilize all sentencing options set
forth in Chapter 21, of Title 24.
Section 24-21-540.
The department Division
of Probation, Parole and Pardon Services shall develop and
operate Community Control Centers for higher risk offenders, if
the General Assembly appropriates funds to operate the centers.
If the department division has
recommended the placement, offenders may be placed in a center
for not less than thirty days nor more than six months by a
judge as a condition of probation or as an alternative to
probation revocation, or by the board as a condition of parole
or as an alternative to parole revocation. An offender may not
be placed in the center for more than six months on the same
crime. There must not be consecutive sentencing to a Community
Control Center.
Section 24-21-550. A probation term ordered to end upon the payment of fines, court costs, assessments, and restitution must continue until the clerk of court certifies in writing that all monies have been paid, or the probation term has expired, or the expiration of probation has been changed by a subsequent order.
Section 24-21-560.
(A) Notwithstanding
any other another provision of law,
except in a case in which the death penalty or a term of life
imprisonment is imposed, any sentence for a 'no parole offense'
as defined in Section 24-13-100 must include any term of
incarceration and completion of a community supervision program
operated by the Department Division of
Probation, Parole, and Pardon Services. No
prisoner who is serving a sentence for a 'no parole offense' is
eligible to participate in a community supervision program until
he has served the minimum period of incarceration as set forth
in Section 24-13-150. Nothing in this section may be construed
to allow a prisoner convicted of murder or a prisoner prohibited
from early release, discharge, or work release by any other
provision of law to be eligible for early release, discharge, or
work release.
(B) A community
supervision program operated by the Department
Division of Probation, Parole and Pardon Services must
last no more than two continuous years. The period of time a
prisoner is required to participate in a community supervision
program and the individual terms and conditions of a prisoner's
participation shall be at the discretion of the department based
upon guidelines developed by the director; however, the
conditions of participation must include the requirement that
the offender must permit the search or seizure, without a search
warrant, with or without cause, of the offender's person, any
vehicle the offender owns or is driving, and any of the
offender's possessions by:
(1)
any probation agent employed by the
Department Division of Probation, Parole
and Pardon Services; or
(2)
any other law enforcement officer, but the conditions for
participation for an offender who was convicted of or pled
guilty or nolo contendere to a Class C misdemeanor or an
unclassified misdemeanor that carries a term of imprisonment of
not more than one year may not include the requirement that the
offender agree to be subject to search or seizure, without a
search warrant, with or without cause, of the offender's person,
any vehicle the offender owns or is driving, or any of the
offender's possessions.
By enacting this provision, the General
Assembly intends to provide law enforcement with a means of
reducing recidivism and does not authorize law enforcement
officers to conduct searches for the sole purpose of harassment.
Immediately before each search or seizure pursuant to this
subsection, the law enforcement officer seeking to conduct the
search or seizure must verify with the
Department Division of Probation, Parole
and Pardon Services or by any other means available to the
officer that the individual upon whom the search or seizure will
be conducted is currently in a community supervision program. A
law enforcement officer conducting a search or seizure without a
warrant pursuant to this subsection shall report to the law
enforcement agency that employs him all of these searches or
seizures, which shall include the name, address, age, gender,
and race or ethnicity of the person that is the subject of the
search or seizure. The law enforcement agency shall submit this
information at the end of each month to the
Department Division of Probation, Parole
and Pardon Services for review of abuse. A finding of abuse of
the use of searches or seizures without a search warrant must be
reported by the Department Divison of
Probation, Parole and Pardon Services to the State Law
Enforcement Division for investigation. If the law enforcement
officer fails to report each search or seizure pursuant to this
subsection, he is subject to discipline pursuant to the
employing agency's policies and procedures.
A prisoner participating in a community
supervision program must be supervised by a probation agent of
the department division. The
department division must determine when
a prisoner completes a community supervision program, violates a
term of community supervision, fails to participate in a program
satisfactorily, or whether a prisoner should appear before the
court for revocation of the community supervision program.
(C) If the
department division determines that a
prisoner has violated a term of the community supervision
program and the community supervision should be revoked, a
probation agent must initiate a proceeding in General Sessions
Court. The proceeding must be initiated pursuant to a warrant
or a citation issued by a probation agent setting forth the
violations of the community supervision program. The court
shall determine whether:
(1)
the terms of the community supervision program are fair
and reasonable;
(2)
the prisoner has complied with the terms of the community
supervision program;
(3)
the prisoner should continue in the community supervision
program under the current terms;
(4)
the prisoner should continue in the community supervision
program under other terms and conditions as the court considers
appropriate;
(5)
the prisoner has wilfully violated a term of the community
supervision program.
If the court determines that a prisoner has wilfully violated a
term or condition of the community supervision program, the
court may impose any other terms or conditions considered
appropriate and may continue the prisoner on community
supervision, or the court may revoke the prisoner's community
supervision and impose a sentence of up to one year for
violation of the community supervision program. A prisoner who
is incarcerated for revocation of the community supervision
program is not eligible to earn any type of credits which would
reduce the sentence for violation of the community supervision
program.
(D) If a prisoner's
community supervision is revoked by the court and the court
imposes a period of incarceration for the revocation, the
prisoner also must complete a community supervision program of
up to two years as determined by the department
division pursuant to subsection (B) when he is released
from incarceration.
A prisoner who is sentenced for successive
revocations of the community supervision program may be required
to serve terms of incarceration for successive revocations, as
provided in Section 24-21-560(C), and may be required to serve
additional periods of community supervision for successive
revocations, as provided in Section 24-21-560(D). The maximum
aggregate amount of time a prisoner may be required to serve
when sentenced for successive revocations may not exceed an
amount of time equal to the length of incarceration imposed
limited by the amount of time remaining on the original 'no
parole offense'. The prisoner must not be incarcerated for a
period longer than the original sentence. The original term of
incarceration does not include any portion of a suspended
sentence.
If a prisoner's community supervision is
revoked due to a conviction for another offense, the prisoner
must complete a community supervision program of up to two
continuous years as determined by the department after the
prisoner has completed the service of the sentence for the
community supervision revocation and any other term of
imprisonment which may have been imposed for the criminal
offense, except when the subsequent sentence is death or life
imprisonment.
(E) A prisoner who
successfully completes a community supervision program pursuant
to this section has satisfied his sentence and must be
discharged from his sentence.
(F) The Department of
Corrections must notify the Department its
Division of Probation, Parole, and Pardon
Services of the projected release date of any inmate serving a
sentence for a 'no parole offense' one hundred eighty days in
advance of his release to community supervision. For an
offender sentenced to one hundred eighty days or less, the
Department of Corrections immediately must notify the
Department the Division of Probation,
Parole, and Pardon Services.
(G) Victims registered
pursuant to Article 15, Chapter 3, Title 16 and the sheriff's
office in the county where a prisoner sentenced for a 'no parole
offense' is to be released must be notified by the
Department Division of Probation,
Parole, and Pardon Services when the prisoner
is released to a community supervision program.
Section 24-21-610. In
all cases cognizable under pursuant to
this chapter the Board board may, upon
ten days' written notice to the solicitor and judge who
participated in the trial of any prisoner, parole a prisoner
convicted of a crime and imprisoned in the state penitentiary,
in any jail, or upon the public works of any county who if:
(1) sentenced for not
more than thirty years has served at least one-third of the
term;
(2) sentenced to life
imprisonment or imprisonment for any period in excess of thirty
years, has served at least ten years.
If after January 1, 1984, the Board
board finds that the statewide case classification system
provided for in Chapter 23 of this title has been implemented,
that an intensive supervision program for parolees who require
more than average supervision has been implemented, that a
system for the periodic review of all parole cases in order to
assess the adequacy of supervisory controls and of parolee
participation in rehabilitative programs has been implemented,
and that a system of contracted rehabilitative services for
parolees is being furnished by public and private agencies, then
in all cases cognizable under this chapter the
Board board may, upon ten days' written
notice to the solicitor and judge who participated in the trial
of any prisoner, to the victim or victims, if any, of the crime,
and to the sheriff of the county where the prisoner resides or
will reside, parole a prisoner who if sentenced for a violent
crime as defined in Section 16-1-60, has served at least
one-third of the term or the mandatory minimum portion of
sentence, whichever is longer. For any other crime the prisoner
shall have served at least one-fourth of the term of a sentence
or if sentenced to life imprisonment or imprisonment for any
period in excess of forty years, has served at least ten years.
The provisions of this section do not
affect the parole ineligibility provisions for murder, armed
robbery, and drug trafficking as set forth respectively in
Sections 16-3-20 and 16-11-330, and subsection (e)
of Section 44-53-370(e).
In computing parole eligibility, no deduction of time may be
allowed in any case for good behavior, but after June 30, 1981,
there must be deductions of time in all cases for earned work
credits, notwithstanding the provisions of Sections 16-3-20,
16-11-330, and 24-13-230.
Notwithstanding the provisions of this
section, the Board board may parole any
prisoner not sooner than one year prior to
before the prescribed date of parole eligibility when,
based on medical information furnished to it, the
Board board determines that the physical
condition of the prisoner concerned is so serious that he would
not be reasonably expected to live for more than one year.
Notwithstanding any other provision of this section or of law,
no prisoner who has served a total of ten consecutive years or
more in prison may be paroled until the Board
board has first received a report as to his mental
condition and his ability to adjust to life outside the prison
from a duly qualified psychiatrist or psychologist.
Section 24-21-615. The board may not review the case of a prisoner convicted of a capital offense for the purpose of determining whether the person is entitled to any of the benefits provided in this chapter during the month of December of each year.
Section 24-21-620. Within the ninety-day period preceding a prisoner having served one-fourth of his sentence, the board, either acting in a three-member panel or meeting as a full board, shall review the case, regardless of whether or not any application has been made therefor, for the purpose of determining whether or not such prisoner is entitled to any of the benefits provided for in this chapter; provided, that in cases of prisoners in confinement due to convictions for nonviolent crimes, an administrative hearing officer may be appointed by the director to review the case who must submit to the full board written findings of fact and recommendations which shall be the basis for a determination by the board. Upon an affirmative determination, the prisoner must be granted a provisional parole or parole. Upon a negative determination, the prisoner's case shall be reviewed every twelve months thereafter for the purpose of such determination.
Section 24-21-630. For the purpose of determining the time required to be served by a prisoner before he shall be eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall be given benefit for time served in prison in excess of three months while awaiting trial or between trials.
Section 24-21-635. For the purpose of determining the time required to be served by a prisoner before he shall be eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall be given benefit of earned work credits awarded pursuant to Section 24-13-230.
Section 24-21-640.
The board must carefully consider the record
of the prisoner before, during, and after imprisonment, and no
such prisoner may be paroled until it appears to the
satisfaction of the board: that the prisoner has shown a
disposition to reform; that in the future he will probably obey
the law and lead a correct life; that by his conduct he has
merited a lessening of the rigors of his imprisonment; that the
interest of society will not be impaired thereby; and that
suitable employment has been secured for him.
Before an inmate may be released on parole,
he must agree in writing to be subject to search or seizure,
without a search warrant, with or without cause, of the inmate's
person, any vehicle the inmate owns or is driving, and any of
the inmate's possessions by:
(1) any probation agent
employed by the Department Division of
Probation, Parole and Pardon Services; or
(2) any other law
enforcement officer.
An inmate may not be granted parole release
by the board if he fails to comply with this provision.
However, an inmate who was convicted of or pled guilty or nolo
contendere to a Class C misdemeanor or an unclassified
misdemeanor that carries a term of imprisonment of not more than
one year may not include the requirement that the inmate agree
to be subject to search or seizure, without a search warrant,
with or without cause, of the inmate's person, any vehicle the
inmate owns or is driving, or any of the inmate's
possessions.
Immediately before each search or seizure
pursuant to this section, the law enforcement officer seeking to
conduct the search or seizure must verify with the
Department Division of Probation, Parole
and Pardon Services or by any other means available to the
officer that the individual upon whom the search or seizure will
be conducted is currently on parole. A law enforcement officer
conducting a search or seizure without a warrant pursuant to
this section shall report to the law enforcement agency that
employs him all of these searches or seizures, which shall
include the name, address, age, gender, and race or ethnicity of
the person that is the subject of the search or seizure. The
law enforcement agency shall submit this information at the end
of each month to the Department Division
of Probation, Parole and Pardon Services for review of abuse. A
finding of abuse of the use of searches or seizures without a
search warrant must be reported by the
Department Division of Probation, Parole
and Pardon Services to the State Law Enforcement Division for
investigation. If the law enforcement officer fails to report
each search or seizure pursuant to this section, he is subject
to discipline pursuant to the employing agency's policies and
procedures.
The board must establish written, specific
criteria for the granting of parole and provisional parole.
This criteria must reflect all of the aspects of this section
and include a review of a prisoner's disciplinary and other
records. The criteria must be made available to all prisoners
at the time of their incarceration and the general public. The
paroled prisoner must, as often as may be required, render a
written report to the board giving that information as may be
required by the board which must be confirmed by the person in
whose employment the prisoner may be at the time. The board
must not grant parole nor is parole authorized to any prisoner
serving a sentence for a second or subsequent conviction,
following a separate sentencing for a prior conviction, for
violent crimes as defined in Section 16-1-60. Provided that
where more than one included offense shall be committed within a
one-day period or pursuant to one continuous course of conduct,
such multiple offenses must be treated for purposes of this
section as one offense.
Any part or all of a prisoner's in-prison
disciplinary records and, with the prisoner's consent, records
involving all awards, honors, earned work credits and
educational credits, are subject to the Freedom of Information
Act as contained in Chapter 4, Title 30.
Section 24-21-645.
(A) The board may issue
an order authorizing the parole which must be signed either by a
majority of its members or by all three members meeting as a
parole panel on the case ninety days prior to the effective date
of the parole; however, at least two-thirds of the members of
the board must authorize and sign orders authorizing parole for
persons convicted of a violent crime as defined in Section
16-1-60. A provisional parole order shall include the terms and
conditions, if any, to be met by the prisoner during the
provisional period and terms and conditions, if any, to be met
upon parole.
(B) The conditions of
parole must include the requirement that the parolee must permit
the search or seizure, without a search warrant, with or without
cause, of the parolee's person, any vehicle the parolee owns or
is driving, and any of the parolee's possessions by:
(1)
any probation agent employed by the
Department Division of Probation, Parole
and Pardon Services; or
(2)
any other law enforcement officer.
However, the conditions of parole for a
parolee who was convicted of or pled guilty or nolo contendere
to a Class C misdemeanor or an unclassified misdemeanor that
carries a term of imprisonment of not more than one year may not
include the requirement that the parolee agree to be subject to
search or seizure, without a search warrant, with or without
cause, of the parolee's person, any vehicle the parolee owns or
is driving, or any of the parolee's possessions.
(C) By enacting this
provision, the General Assembly intends to provide law
enforcement with a means of reducing recidivism and does not
authorize law enforcement officers to conduct searches for the
sole purpose of harassment. Immediately before each search or
seizure pursuant to this section, the law enforcement officer
seeking to conduct the search or seizure must verify with the
Department Division of Probation, Parole
and Pardon Services or by any other means available to the
officer that the individual upon whom the search or seizure will
be conducted is currently on parole. A law enforcement officer
conducting a search or seizure without a warrant pursuant to
this section shall report to the law enforcement agency that
employs him all of these searches or seizures, which shall
include the name, address, age, gender, and race or ethnicity of
the person that is the subject of the search or seizure. The
law enforcement agency shall submit this information at the end
of each month to the Department Division
of Probation, Parole and Pardon Services for review of abuse. A
finding of abuse of the use of searches or seizures without a
search warrant must be reported by the
Department Division of Probation, Parole
and Pardon Services to the State Law Enforcement Division for
investigation. If the law enforcement officer fails to report
each search or seizure pursuant to this section, he is subject
to discipline pursuant to the employing agency's policies and
procedures.
(D) Upon satisfactory
completion of the provisional period, the director or one
lawfully acting for him must issue an order which, if accepted
by the prisoner, shall provide for his release from custody.
However, upon a negative determination of parole, prisoners in
confinement for a violent crime as defined in Section 16-1-60
must have their cases reviewed every two years for the purpose
of a determination of parole, except that prisoners who are
eligible for parole pursuant to Section 16-25-90, and who are
subsequently denied parole must have their cases reviewed every
twelve months for the purpose of a determination of parole.
This subsection applies retroactively to a prisoner who has had
a parole hearing pursuant to Section 16-25-90 prior to the
effective date of this act.
Section 24-21-650. The board shall issue an order authorizing the parole which must be signed by at least a majority of its members with terms and conditions, if any, but at least two-thirds of the members of the board must sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. The director, or one lawfully acting for him, then must issue a parole order which, if accepted by the prisoner, provides for his release from custody. Upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole.
Section 24-21-660. Any prisoner who has been paroled is subject during the remainder of his original term of imprisonment, up to the maximum, to the conditions and restrictions imposed in the order of parole or by law imposed. Every such paroled prisoner must remain in the jurisdiction of the board and may at any time on the order of the board, be imprisoned as and where therein designated.
Section 24-21-670. Any prisoner who may be paroled under authority of this chapter shall continue on parole until the expiration of the maximum term or terms specified in his sentence without deduction of such allowance for good conduct as may be provided for by law.
Section 24-21-680. Upon failure of any prisoner released on parole under the provisions of this chapter to do or refrain from doing any of the things set forth and required to be done by and under the terms of his parole, the parole agent must issue a warrant or citation charging the violation of parole, and a final determination must be made by the board as to whether the prisoner's parole should be revoked and whether he should be required to serve any part of the remaining unserved sentence. But such prisoner must be eligible to parole thereafter when and if the board thinks such parole would be proper. The board shall be the sole judge as to whether or not a parole has been violated and no appeal therefrom shall be allowed; provided, that any person arrested for violation of terms of parole may be released on bond, for good cause shown, pending final determination of the violation by the Probation, Parole and Pardon Board. No bond shall be granted except by the presiding or resident judge of the circuit wherein the prisoner is arrested, or, if there be no judge within such circuit, by the judge, presiding or resident, in an adjacent circuit, and the judge granting the bond shall determine the amount thereof.
Section 24-21-690. Any person who shall have served the term for which he has been sentenced less deductions allowed therefrom for good conduct shall, upon release, be treated as if he had served the entire term for which he was sentenced.
Section 24-21-700.
Any prisoner who is otherwise eligible for
parole under the provisions of this article, except that his
mental condition is deemed by the Probation, Pardon and
Parole Board of Probation, Parole and Pardon
Services to be such that he should not be released from
confinement may, subject to approval by the Veterans
Administration, be released to the custody of the Veterans
Administration or to a committee appointed to commit such
prisoner to a Veterans Administration Hospital. Such a special
parole shall be granted in the sole discretion of the
Board board and, when so paroled, a
prisoner shall be transferred directly from his place of
confinement to a Veterans Administration Hospital which provides
psychiatric care. When any prisoner paroled for psychiatric
treatment is determined to be in a suitable condition to be
released, he shall not be returned to penal custody except for a
subsequent violation of the conditions of his parole.
Section 24-21-710.
(A) Film, videotape, or
other electronic information that is both visual and aural,
submitted pursuant to this section, must be considered by the
Board of Probation, Parole, and Pardon Services
in making its determination of parole.
(B) Upon receipt of the
notice required by law, the following people may submit
electronic information:
(1)
the victim of the crime for which the prisoner has been
sentenced;
(2)
the prosecuting solicitor's office; and
(3)
the person whose parole is being considered.
(C) The person
submitting the electronic information shall provide the Board of
Probation, Parole, and Pardon Services with the
following:
(1)
identification of each voice heard and each person seen;
(2)
a visual or aural statement of the date the information
was recorded; and
(3)
the name of the person whose parole eligibility is being
considered.
(D) If the film,
videotape, or other electronic information is retained by the
board, it may be submitted at subsequent parole hearings each
time that the submitting person provides a written statement
declaring that the information represents the present position
of the person who is submitting the information.
(E) The Department of
Corrections may install, maintain, and operate a two-way closed
circuit television system in one or more correctional
institutions of the department that confines persons eligible
for parole. The Board of Probation, Parole and Pardon Services
shall install, maintain, and operate closed circuit television
systems at locations determined by the board and conduct parole
hearings by means of a two-way closed circuit television system
provided in this section. A victim of a crime must be allowed
access to this system to appear before the board during a parole
hearing.
(F) Nothing in this
section shall be construed to prohibit submission of information
in other forms as provided by law.
(G) The
director Director of the
Department of Division of Probation,
Parole, and Pardon Services may develop written
policies and procedures for parole hearings to be held pursuant
to this section.
(H) The Board of
Probation, Parole, and Pardon Services is not
required to install, maintain, or operate film, videotape, or
other electronic equipment to record a victim's testimony to be
presented to the board.
Section 24-21-715. (A)
As contained in this section:
(1)
'Terminally ill' means an inmate who, as determined by a
licensed physician, has an incurable condition caused by illness
or disease that was unknown at the time of sentencing or, since
the time of sentencing, has progressed to render the inmate
terminally ill, and that will likely produce death within two
years, and that is so debilitating that the inmate does not pose
a public safety risk.
(2)
'Geriatric' means an inmate who is seventy years of age or
older and suffers from chronic infirmity, illness, or disease
related to aging, which has progressed so the inmate is
incapacitated as determined by a licensed physician to the
extent that the inmate does not pose a public safety risk.
(3)
'Permanently incapacitated' means an inmate who no longer
poses a public safety risk because of a medical condition that
is not terminal but that renders him permanently and
irreversibly incapacitated as determined by a licensed physician
and which requires immediate and long term residential care.
(B) Notwithstanding
another provision of law, only the full parole board, upon a
petition filed by the Director of the Department of Corrections,
may order the release of an inmate who is terminally ill,
geriatric, permanently incapacitated, or any combination of
these conditions.
(C) The parole order
issued by the parole board pursuant to this section must include
findings of fact that substantiate a legal and medical
conclusion that the inmate is terminally ill, geriatric,
permanently incapacitated, or a combination of these conditions,
and does not pose a threat to society or himself. It also must
contain the requirements for the inmate's supervision and
conditions for his participation and removal.
(D) An inmate granted a
parole pursuant to this section is under the supervision of the
Department Division of Probation, Parole
and Pardon Services. The inmate must reside in an approved
residence and abide by all conditions ordered by the parole
board. The department is responsible for supervising an
inmate's compliance with the conditions of the parole board's
order as well as monitoring the inmate in accordance with the
department's division's policies.
(E) The
department division shall retain
jurisdiction for all matters relating to the parole granted
pursuant to this section and conduct an annual review of the
inmate's status to ensure that he remains eligible for parole
pursuant to this section. If the department determines that the
inmate is no longer eligible to participate in the parole set
forth in this section, a probation agent must issue a warrant or
citation charging a violation of parole and the board shall
proceed pursuant to the provisions of Section 24-21-680.
Section 24-21-910.
The Board of Probation,
Parole, and Pardon Services
Board shall consider all petitions for
reprieves or the commutation of a sentence of death to life
imprisonment which may be referred to it by the Governor and
shall make its recommendations to the Governor regarding the
petitions. The Governor may or may not adopt the
recommendations but in case he does not he shall submit his
reasons for not doing so to the General Assembly. The Governor
may act on any petition without reference to the board.
Section 24-21-920.
In all other cases than those referred to in
Section 24-21-910 the right of granting clemency shall be vested
in the Board board.
Section 24-21-930. An order of pardon must be signed by at least two-thirds of the members of the board. Upon the issue of the order by the board, the director, or one lawfully acting for him, must issue a pardon order which provides for the restoration of the pardon applicant's civil rights.
Section 24-21-940.
A. (A)
'Pardon'means that an individual is fully pardoned from
all the legal consequences of his crime and of his conviction,
direct and collateral, including the punishment, whether of
imprisonment, pecuniary penalty or whatever else the law has
provided.
B. (B)
'Successful completion of supervision' as used in
this article shall mean free of conviction of any type other
than minor traffic offenses.
Section 24-21-950.
(A) The following
guidelines must be utilized by the board when determining when
an individual is eligible for pardon consideration.
(1)
Probationers must be considered upon the request of the
individual anytime after discharge from supervision.
(2)
Persons discharged from a sentence without benefit of
parole must be considered upon the request of the individual
anytime after the date of discharge.
(3)
Parolees must be considered for a pardon upon the request
of the individual anytime after the successful completion of
five years under supervision. Parolees successfully completing
the maximum parole period, if less than five years, must be
considered for pardon upon the request of the individual anytime
after the date of discharge.
(4)
An inmate must be considered for pardon before a parole
eligibility date only when he can produce evidence comprising
the most extraordinary circumstances.
(5)
The victim of a crime or a member of a convicted person's
family living within this State may petition for a pardon for a
person who has completed supervision or has been discharged from
a sentence.
(B) Persons discharged
from a sentence without benefit of supervision must be
considered upon the request of the individual anytime after the
date of discharge.
Section 24-21-960.
(A) Each pardon
application must be accompanied with a pardon application fee of
one hundred dollars. The pardon application fee must be
retained and applied by the department
Division of Probation, Parole and Pardon Services toward
the pardon process.
(B) Any individual who
has an application for pardon considered but denied, must wait
one year from the date of denial before filing another pardon
application and fee.
Section 24-21-970. Consideration shall be given to any inmate afflicted with a terminal illness where life expectancy is one year or less.
Section 24-21-980. Once delivered, a pardon cannot be revoked unless it was obtained through fraud. If a pardon is obtained through fraud, it is void.
Section 24-21-990.
A pardon shall fully restore all civil
rights lost as a result of a conviction, which shall include the
right to:
(1) register to vote;
(2) vote;
(3) serve on a jury;
(4) hold public office,
except as provided in Section 16-13-210;
(5) testify without
having the fact of his conviction introduced for impeachment
purposes to the extent provided by Rule 609(c) of the South
Carolina Rules of Evidence;
(6) not have his
testimony excluded in a legal proceeding if convicted of
perjury; and
(7) be licensed for any
occupation requiring a license.
Section 24-21-1000. For
those applicants to be granted a pardon, a certificate of pardon
shall be issued by the Board board
stating that the individual is absolved from all legal
consequences of his crime and conviction, and that all of his
civil rights are restored.
Section 24-21-1100. This article may be cited as the 'Interstate Compact for Adult Offender Supervision'.
Section 24-21-1105. The
purpose of this compact and the Interstate Commission created
under it, through means of joint and cooperative action among
the compacting states, is to:
(1) promote public
safety by providing adequate supervision in the community of
adult offenders who are subject to the compact;
(2) provide a means for
tracking offenders subject to supervision under this compact;
(3) provide a means of
transferring supervision authority in an orderly and efficient
manner;
(4) provide a means of
returning offenders to the originating jurisdictions when
necessary;
(5) provide a means for
giving timely notice to victims of the location of offenders
subject to supervision under this compact;
(6) distribute the
costs, benefits, and obligations of this compact equitably among
the compacting states;
(7) establish a system
of uniform data collection for offenders subject to supervision
under this compact and to allow access to information by
authorized criminal justice officials;
(8) monitor compliance
with rules established under this compact; and
(9) coordinate training
and education regarding regulations relating to the interstate
movement of offenders, for officials involved in this activity.
Section 24-21-1110. As used in this compact,
unless the context clearly requires a different construction:
(A) 'Adult' means both
individuals legally classified as adults and juveniles treated
as adults by court order, statute, or operation of law.
(B) 'By-laws' mean
those by-laws established by the Interstate Commission for its
governance, or for directing or controlling the Interstate
Commission's actions or conduct.
(C) 'Compact
administrator' means the individual in each compacting state
appointed to administer and manage the state's supervision and
transfer of offenders subject to the terms of this compact and
the rules adopted by the Interstate Commission.
(D) 'Compacting state'
means any state which has enacted the enabling legislation for
this compact.
(E) Commissioner' means
the voting representative of each compacting state appointed
pursuant to Section 24-21-1120 and this compact.
(F) 'Interstate
Commission' means the Interstate Commission for Adult Offender
Supervision.
(G) 'Member' means the
commissioner of a compacting state or designee, who must be a
person officially connected with the commissioner.
(H) 'Noncompacting
state' means a state which has not enacted the enabling
legislation for this compact.
(I) 'Offender' means an
adult placed under, or subject to supervision as the result of
the commission of a criminal offense and released to the
community under the jurisdiction of a court, paroling authority,
corrections, or other criminal justice agency.
(J) 'Person' means any
individual, corporation, business enterprise, or other legal
entity, either public or private.
(K) 'Rules' means acts
of the Interstate Commission, promulgated pursuant to Section
24-21-1160 of this compact, substantially affecting interested
parties in addition to the Interstate Commission, which have the
force and effect of law in the compacting states.
(L) 'State' means a
state of the United States, the District of Columbia, and any
territorial possession of the United States.
(M) 'State Council'
means the resident members of the state council for Interstate
Adult Offender Supervision created by each state under Section
24-21-1120.
Section 24-21-1120. (A)
The compacting states hereby create the 'Interstate
Commission for Adult Offender Supervision'. The Interstate
Commission shall be a body corporate and joint agency of the
compacting states. The Interstate Commission shall have all the
responsibilities, powers, and duties contained in this article,
including the power to sue and be sued, and any additional
powers as may be conferred upon it by subsequent action of the
respective legislatures of the compacting states in accordance
with the terms of this compact.
(B)(1) The Interstate
Commission shall consist of commissioners selected and appointed
by the compacting states. The Governor shall appoint as
commissioner from the State of South Carolina the Director of
the South Carolina Department of Corrections, the Division
of Probation, Parole and Pardon Services, or his designee.
The commissioner, acting jointly with similar officers appointed
in other states, shall promulgate rules and regulations
necessary to effectively carry out the terms of this compact.
(2)
The Director of the South Carolina Department
of Division of Probation, Parole and Pardon
Services, or his designee, must serve as Compact Administrator
for the State of South Carolina.
(3)
The Director of the Division of Probation, Parole
and Pardon Services must establish a state council for
Interstate Adult Offender Supervision. The membership of the
state council must include at least one representative from the
legislative, judicial, and executive branches of government,
victims groups, and compact administrators. The state council
shall act as an advisory body to the commissioner regarding the
activities of the state's interstate compact office, engage in
advocacy activities concerning the state's participation in
interstate commission activities, and perform other duties
determined by the commissioner.
(C) In addition to the
commissioners who are the voting representatives of each state,
the Interstate Commission shall include individuals who are not
commissioners but who are members of interested organizations.
The noncommissioner members must include a member of the
National Organization of Governors, legislators, state chief
justices, attorneys general, and crime victims. All
noncommissioner members of the Interstate Commission shall be
ex-officio ex officio nonvoting members.
The Interstate Commission may provide in its by-laws for
additional ex-officio ex officio
nonvoting members as it considers necessary.
(D) Each compacting
state represented at any meeting of the Interstate Commission is
entitled to one vote. A majority of the compacting states shall
constitute a quorum for the transaction of business, unless a
larger quorum is required by the by-laws of the Interstate
Commission.
(E) The Interstate
Commission shall meet at least once each calendar year. The
chairperson may call additional meetings and, upon the request
of twenty-seven or more compacting states, shall call additional
meetings. Public notice shall be given of all meetings and
meetings shall be open to the public.
(F) The Interstate
Commission shall establish an Executive Committee which shall
include commission officers, members, and others as shall be
determined by the by-laws. The Executive Committee shall have
the power to act on behalf of the Interstate Commission during
periods when the Interstate Commission is not in session, with
the exception of making rules and amendments to the compact.
The Executive Committee shall oversee the day-to-day activities
managed by the Executive Director executive
director and Interstate Commission staff. It shall
administer enforcement and compliance with the provisions of the
compact, its by-laws, and as directed by the Interstate
Commission and perform other duties as directed by the
commission or set forth in the by-laws.
Section 24-21-1130. The
Interstate Commission shall have the following powers:
(1) to adopt a seal and
suitable by-laws governing the management and operation of the
Interstate Commission;
(2) to promulgate rules
which shall have the force and effect of statutory law and shall
be binding in the compacting states to the extent and in the
manner provided in this compact;
(3) to oversee,
supervise, and coordinate the interstate movement of offenders
subject to the terms of this compact and any by-laws adopted and
rules promulgated by the compact commission;
(4) to enforce
compliance with compact provisions, Interstate Commission rules,
and bylaws using all necessary and proper means including, but
not limited to, the use of the judicial process;
(5) to establish and
maintain offices;
(6) to purchase and
maintain insurance and bonds;
(7) to borrow, accept,
or contract for services of personnel including, but not limited
to, members and their staffs;
(8) to establish and
appoint committees and hire staff which it considers necessary
for the carrying out of its functions including, but not limited
to, an executive committee as required by Section 24-21-1120(F)
which shall have the power to act on behalf of the Interstate
Commission in carrying out its powers and duties;
(9) to elect or appoint
officers, attorneys, employees, agents, or consultants, and to
fix their compensation, define their duties, and determine their
qualifications, and to establish the Interstate Commission's
personnel policies and programs relating to, among other things,
conflicts of interest, rates of compensation, and qualifications
of personnel;
(10) to accept
donations and grants of money, equipment, supplies, materials,
and services, and to receive, utilize, and dispose of them;
(11) to lease,
purchase, accept contributions or donations of, or otherwise to
own, hold, improve or use any real, personal, or mixed property;
(12) to sell, convey,
mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any real, personal, or mixed property;
(13) to establish a
budget and make expenditures and levy dues as provided in
Section 24-21-1180;
(14) to sue and be
sued;
(15) to provide for
dispute resolution among compacting states;
(16) to perform the
functions as may be necessary or appropriate to achieve the
purposes of this compact;
(17) to report annually
to the legislatures, governors, judiciary, and state councils of
the compacting states concerning the activities of the
Interstate Commission during the preceding year. The reports
shall also include any recommendations that may have been
adopted by the Interstate Commission;
(18) to coordinate
education, training, and public awareness regarding the
interstate movement of offenders for officials involved in this
activity; and
(19) to establish
uniform standards for the reporting, collecting, and exchanging
of data.
Section 24-21-1140. (A)
The Interstate Commission, by a majority of
the members, within twelve months of the first Interstate
Commission meeting, shall adopt bylaws to govern its conduct as
may be necessary or appropriate to carry out the purposes of the
compact including, but not limited to:
(1)
establishing the fiscal year of the Interstate Commission;
(2)
establishing an executive committee and other committees
as may be necessary;
(3)
providing reasonable standards and procedures for the
establishment of committees and governing any general or
specific delegation of any authority or function of the
Interstate Commission;
(4)
providing reasonable procedures for calling and conducting
meetings of the Interstate Commission and ensuring reasonable
notice of each meeting;
(5)
establishing the titles and responsibilities of the
officers of the Interstate Commission;
(6)
providing reasonable standards and procedures for the
establishment of the personnel policies and programs of the
Interstate Commission. Notwithstanding any civil service or
other similar laws of a compacting state, the bylaws shall
exclusively govern the personnel policies and programs of the
Interstate Commission;
(7)
providing a mechanism for winding up the operations of the
Interstate Commission and the equitable return of any surplus
funds that may exist upon the termination of the compact after
the payment reserving of all of its debts and obligations;
(8)
providing transition rules for 'start up' administration
of the compact; and
(9)
establishing standards and procedures for compliance and
technical assistance in carrying out the compact.
(B)(1) The Interstate
Commission shall, by a majority of the members, elect from among
its members a chairperson and a vice chairperson, each of whom
shall have the authorities and duties as may be specified in the
bylaws. The chairperson or, in his or her absence or
disability, the vice chairperson shall preside at all meetings
of the Interstate Commission. The officers so elected shall
serve without compensation or remuneration from the Interstate
Commission; provided, that subject to the availability of
budgeted funds, the officers shall be reimbursed for any actual
and necessary costs and expenses incurred by them in the
performance of their duties and responsibilities as officers of
the Interstate Commission.
(2)
The Interstate Commission shall, through its executive
committee, appoint or retain an executive director for a period,
upon terms and conditions and for compensation as the Interstate
Commission considers appropriate. The executive director shall
serve as secretary to the Interstate Commission and hire and
supervise other staff as may be authorized by the Interstate
Commission. The executive director is not a member of the
Interstate Commission.
(C) The Interstate
Commission shall maintain its corporate books and records in
accordance with the by-laws.
(D)(1) The members,
officers, executive director, and employees of the Interstate
Commission are immune from suit and liability, either personally
or in their official capacity, for any claim for damage to or
loss of property or personal injury or other civil liability
caused or arising out of any actual or alleged act, error, or
omission that occurred within the scope of Interstate Commission
employment, duties, or responsibilities; provided, that nothing
in this subsection may be construed to protect any person from
liability for any damage, loss, injury, or liability caused by
the person's intentional, willful
wilful, or wanton misconduct.
(2)
The Interstate Commission shall defend the commissioner of
a compacting state, or his or her representatives or employees,
or the Interstate Commission's representatives or employees, in
any civil action seeking to impose liability, arising out of any
actual or alleged act, error, or omission that occurred within
the scope of Interstate Commission employment, duties, or
responsibilities, or that the defendant had a reasonable basis
for believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities; provided, that the
actual or alleged act, error, or omission did not result from
intentional wrongdoing on the part of that person.
(3)
The Interstate Commission shall indemnify and hold the
commissioner of a compacting state, the appointed designee or
employees, or the Interstate Commission's representatives or
employees harmless in the amount of any settlement or judgment
obtained against the persons arising out of any actual or
alleged act, error, or omission that occurred within the scope
of Interstate Commission employment, duties, or
responsibilities, or that the persons had a reasonable basis for
believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities; provided, that the
actual or alleged act, error, or omission did not result from
gross negligence or intentional wrongdoing on the part of that
person.
Section 24-21-1150. (A)
The Interstate Commission shall meet and
take such actions as are consistent with the provisions of this
compact.
(B) Except as otherwise
provided in this compact and unless a greater percentage is
required by the bylaws, in order to constitute an act of the
Interstate Commission, the act shall have been taken at a
meeting of the Interstate Commission and shall have received an
affirmative vote of a majority of the members present.
(C) Each member of the
Interstate Commission shall have the right and power to cast a
vote to which that compacting state is entitled and to
participate in the business and affairs of the Interstate
Commission. A member shall vote in person on behalf of the
State and shall not delegate a vote to another member state.
However, a state council may appoint another authorized
representative, in the absence of the commissioner from that
state, to cast a vote on behalf of the member state at a
specified meeting. The bylaws may provide for members'
participation in meetings by telephone or other means of
telecommunication or electronic communication. Any voting
conducted by telephone, or other means of telecommunication or
electronic communication is subject to the same quorum
requirements of meetings where members are present in person.
(D) The Interstate
Commission shall meet at least once during each calendar year.
The chairperson of the Interstate Commission may call additional
meetings at any time and, upon the request of a majority of the
members, shall call additional meetings.
(E) The Interstate
Commission's bylaws shall establish conditions and procedures
under which the Interstate Commission shall make its information
and official records available to the public for inspection or
copying. The Interstate Commission may exempt from disclosure
any information or official records to the extent they would
adversely affect personal privacy rights or proprietary
interests. In promulgating these rules, the Interstate
Commission may make available to law enforcement agencies
records and information otherwise exempt from disclosure and may
enter into agreements with law enforcement agencies to receive
or exchange information or records subject to nondisclosure and
confidentiality provisions.
(F) Public notice shall
be given of all meetings and all meetings shall be open to the
public, except as set forth in the rules or as otherwise
provided in the compact. The Interstate Commission shall
promulgate rules consistent with the principles contained in the
'Government in Sunshine Act', 5 U.S.C. Section 552(b), as
amended. The Interstate Commission and any of its committees
may close a meeting to the public where it determines by
two-thirds vote that an open meeting would be likely to:
(1)
relate solely to the Interstate Commission's internal
personnel practices and procedures;
(2)
disclose matters specifically exempted from disclosure by
statute;
(3)
disclose trade secrets or commercial or financial
information which is privileged or confidential;
(4)
involve accusing a person of a crime or formally censuring
a person;
(5)
disclose information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal
privacy;
(6)
disclose investigatory records compiled for law
enforcement purposes;
(7)
disclose information contained in or related to
examination, operating or condition reports prepared by, or on
behalf of, or for the use of, the Interstate Commission with
respect to a regulated entity for the purpose of regulation or
supervision of that entity;
(8)
disclose information, the premature disclosure of which
would significantly endanger the life of a person or the
stability of a regulated entity; or
(9)
specifically relate to the Interstate Commission's
issuance of a subpoena or its participation in a civil action or
proceeding.
(G) For every meeting
closed pursuant to this provision, the Interstate Commission's
chief legal officer shall publicly certify that, in counsel's
opinion, the meeting may be closed to the public and shall
reference each relevant exemptive provision. The Interstate
Commission shall keep minutes which shall fully and clearly
describe all matters discussed in any meeting and shall provide
a full and accurate summary of any actions taken, and the
reasons therefor, including a description of each of the views
expressed on any item and the record of any roll call vote. All
documents considered in connection with any action must be
identified in the minutes.
(H) The Interstate
Commission shall collect standardized data concerning the
interstate movement of offenders as directed through its bylaws
and rules which shall specify the data to be collected, the
means of collection and data exchange, and reporting
requirements.
Section 24-21-1160. (A)
The Interstate Commission shall promulgate
rules in order to effectively and efficiently achieve the
purposes of the compact including transition rules governing
administration of the compact during the period in which it is
being considered and enacted by the states.
(B) Rulemaking shall
occur pursuant to the criteria set forth in this article and the
bylaws and rules adopted pursuant thereto. The rulemaking shall
substantially conform to the principles of the federal
Administrative Procedures Act, 5 U.S.C.S.
Section 551 et seq., and the Federal Advisory Committee Act, 5
U.S.C.S. app. 2, Section 1 et seq., as amended
(hereinafter 'APA').
(C) All rules and
amendments shall become binding as of the date specified in each
rule or amendment.
(D) If a majority of
the legislatures of the compacting states rejects a rule, by
enactment of a statute or resolution in the same manner used to
adopt the compact, then the rule shall have no further force and
effect in any compacting state.
(E) When promulgating a
rule, the Interstate Commission shall:
(1)
publish the proposed rule stating with particularity the
text of the rule which is proposed and the reason for the
proposed rule;
(2)
allow persons to submit written data, facts, opinions, and
arguments, which information must be publicly available;
(3)
provide an opportunity for an informal hearing; and
(4)
promulgate a final rule and its effective date, if
appropriate, based on the rulemaking record.
(F) Not later than
sixty days after a rule is promulgated, any interested person
may file a petition in the United States District Court for the
District of Columbia or in the federal district court where the
Interstate Commission's principal office is located for judicial
review of the rule. If the court finds that the Interstate
Commission's action is not supported by substantial evidence, as
defined in the APA, in the rulemaking record, the court shall
hold the rule unlawful and set it aside.
(G) Subjects to be
addressed within twelve months after the first meeting must at a
minimum include:
(1)
notice to victims and opportunity to be heard;
(2)
offender registration and compliance;
(3)
violations and returns;
(4)
transfer procedures and forms;
(5)
eligibility for transfer;
(6)
collection of restitution and fees from offenders;
(7)
data collection and reporting;
(8)
the level of supervision to be provided by the receiving
state;
(9)
transition rules governing the operation of the compact
and the Interstate Commission during all or part of the period
between the effective date of the compact and the date on which
the last eligible state adopts the compact; and
(10)
mediation, arbitration, and dispute resolution.
The existing rules governing the operation of the previous
compact superseded by this act shall be null and void twelve
months after the first meeting of the Interstate Commission
created hereunder.
(H) Upon determination
by the Interstate Commission that an emergency exists, it may
promulgate an emergency rule which shall become effective
immediately upon adoption, provided that the usual rulemaking
procedures provided hereunder shall be retroactively applied to
the emergency rule as soon as reasonably possible, in no event
later than ninety days after the effective date of the rule.
Section 24-21-1170. (A)
The Interstate Commission shall oversee the
interstate movement of adult offenders in the compacting states
and shall monitor such activities being administered in
noncompacting states which may significantly affect compacting
states.
(B) The courts and
executive agencies in each compacting state shall enforce this
compact and shall take all actions necessary and appropriate to
effectuate the compact's purposes and intent. In any judicial
or administrative proceeding in a compacting state pertaining to
the subject matter of this compact which may affect the powers,
responsibilities, or actions of the Interstate Commission, the
Interstate Commission shall be entitled to receive all service
of process in any proceeding and shall have standing to
intervene in the proceeding for all purposes.
(1)
The compacting states shall report to the Interstate
Commission on issues or activities of concern to them, cooperate
with, and support the Interstate Commission in the discharge of
its duties and responsibilities.
(2)
The Interstate Commission shall attempt to resolve any
disputes or other issues which are subject to the compact and
which may arise among compacting states and noncompacting
states.
(3)
The Interstate Commission shall enact a bylaw or
promulgate a rule providing for both mediation and binding
dispute resolution for disputes among the compacting states.
(C) The Interstate
Commission, in the reasonable exercise of its discretion, shall
enforce the provisions of this compact using any or all means
set forth in Section 24-21-1200(B).
Section 24-21-1180. (A)
The Interstate Commission shall pay or
provide for the payment of the reasonable expenses of its
establishment, organization, and ongoing activities.
(B) The Interstate
Commission shall levy on and collect an annual assessment from
each compacting state to cover the cost of the internal
operations and activities of the Interstate Commission and its
staff that must be in a total amount sufficient to cover the
Interstate Commission's annual budget as approved each year.
The aggregate annual assessment amount shall be allocated based
upon a formula to be determined by the Interstate Commission,
taking into consideration the population of the State and the
volume of interstate movement of offenders in each compacting
state and shall promulgate a rule binding upon all compacting
states which governs the assessment.
(C) The Interstate
Commission shall not incur any obligations of any kind
prior to before securing the funds
adequate to meet the same; nor shall the Interstate Commission
pledge the credit of any of the compacting states, except by and
with the authority of the compacting state.
(D) The Interstate
Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate
Commission must be subject to the audit and accounting
procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the Interstate Commission
shall be audited yearly by a certified or licensed public
accountant, and the report of the audit must be included in and
become part of the annual report of the Interstate Commission.
Section 24-21-1190. (A)
Any state is eligible to become a compacting
state.
(B) The compact shall
become effective and binding upon legislative enactment of the
compact into law by no less than thirty-five of the states. The
initial effective date must be the later of July 1, 2001, or
upon enactment into law by the thirty-fifth jurisdiction.
Thereafter, it shall become effective and binding as to any
other compacting state, upon enactment of the compact into law
by that state. The governors of nonmember states or their
designees will be invited to participate in Interstate
Commission activities on a nonvoting basis prior
to before adoption of the compact by all states
and territories of the United States.
(C) Amendments to the
compact may be proposed by the Interstate Commission for
enactment by the compacting states. No amendment shall become
effective and binding upon the Interstate Commission and the
compacting states unless and until it is enacted into law by
unanimous consent of the compacting states.
Section 24-21-1200.
(A)(1) Once effective, the compact
shall continue in force and remain binding upon each and every
compacting state; provided, that a compacting state may withdraw
from the compact by enacting a statute specifically repealing
the statute which enacted the compact into law.
(2)
The effective date of withdrawal is the effective date of
the repeal.
(3)
The withdrawing state shall immediately notify the
chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this compact in the
withdrawing state.
(4)
The Interstate Commission shall notify the other
compacting states of the withdrawing state's intent to withdraw
within sixty days of its receipt thereof.
(5)
The withdrawing state is responsible for all assessments,
obligations, and liabilities incurred through the effective date
of withdrawal, including any obligations the performance of
which extend beyond the effective date of withdrawal.
(6)
Reinstatement following withdrawal of any compacting state
shall occur upon the withdrawing state reenacting the compact or
upon a later date as determined by the Interstate Commission.
(B)(1) If the
Interstate Commission determines that any compacting state has
at a time defaulted in the performance of any of its obligations
or responsibilities under this compact, the bylaws or any duly
promulgated rules, the Interstate Commission may impose any or
all of the following penalties:
(a)
fines, fees, and costs in amounts as are considered
reasonable as fixed by the Interstate Commission;
(b)
remedial training and technical assistance as directed by
the Interstate Commission; or
(c)
suspension and termination of membership in the compact.
Suspension must be imposed only after all other reasonable means
of securing compliance under the bylaws and rules have been
exhausted. Immediate notice of suspension must be given by the
Interstate Commission to the Governor, the Chief Justice of the
State, the majority and minority leaders of the defaulting
state's legislature, and the state commissions. The grounds for
default include, but are not limited to, failure of a compacting
state to perform the obligations or responsibilities imposed
upon it by this compact, Interstate Commission bylaws, or duly
promulgated rules. The Interstate Commission shall immediately
notify the defaulting state in writing of the penalty imposed by
the Interstate Commission on the defaulting state pending a cure
of the default. The Interstate Commission shall stipulate the
conditions and the time period within which the defaulting state
must cure its default. If the defaulting state fails to cure
the default within the time period specified by the Interstate
Commission, in addition to any other penalties imposed herein,
the defaulting state may be terminated from the compact upon an
affirmative vote of a majority of the compacting states and all
rights, privileges, and benefits conferred by this compact must
be terminated from the effective date of suspension.
(2)
Within sixty days of the effective date of termination of
a defaulting state, the Interstate Commission shall notify the
Governor, the Chief Justice, the majority and minority leaders
of the defaulting state's legislature, and the state
commissioners of the termination.
(3)
The defaulting state is responsible for all assessments,
obligations, and liabilities incurred through the effective date
of termination including any obligations, the performance of
which extends beyond the effective date of termination.
(4)
The Interstate Commission shall not bear any costs
relating to the defaulting state unless otherwise mutually
agreed upon between the Interstate Commission and the defaulting
state.
(5)
Reinstatement following termination of any compacting
state requires both a reenactment of the compact by the
defaulting state and the approval of the Interstate Commission
pursuant to the rules.
(C) The Interstate
Commission may, by majority vote of the members, initiate legal
action in the United States District Court for the District of
Columbia or, at the discretion of the Interstate Commission, in
the Federal District where the Interstate Commission has its
offices to enforce compliance with the provisions of the
compact, its duly promulgated rules and by-laws, against any
compacting state in default. In the event judicial enforcement
is necessary, the prevailing party must be awarded all costs of
the litigation including reasonable attorney fees.
(D)(1) The compact
dissolves effective upon the date of the withdrawal or default
of the compacting state which reduces membership in the compact
to one compacting state.
(2)
Upon the dissolution of this compact, the compact becomes
null and void and of no further force or effect, and the
business and affairs of the Interstate Commission must be wound
up, and any surplus funds must be distributed in accordance with
the bylaws.
Section 24-21-1210. (A)
The provisions of this compact must be
severable, and if a phrase, clause, sentence, or provision is
considered unenforceable, the remaining provisions of the
compact must be enforceable.
(B) The provisions of
this compact must be liberally constructed to effectuate its
purposes.
Section 24-21-1220.
(A)(1) Nothing in this article
prevents the enforcement of another law of a compacting state
that is consistent with this compact.
(2)
All compacting states' laws conflicting with this compact
are superseded to the extent of the conflict.
(B)(1) All lawful
actions of the Interstate Commission, including all rules and
bylaws promulgated by the Interstate Commission, are binding
upon the compacting states.
(2)
All agreements between the Interstate Commission and the
compacting states are binding in accordance with their terms.
(3)
Upon the request of a party to a conflict over meaning or
interpretation of Interstate Commission actions, and upon a
majority vote of the compacting states, the Interstate
Commission may issue advisory opinions regarding the meaning or
interpretation.
(4)
In the event a provision of this compact exceeds the
constitutional limits imposed on the legislature of a compacting
state, the obligations, duties, powers, or jurisdiction sought
to be conferred by the provision upon the Interstate Commission
must be ineffective and the obligations, duties, powers, or
jurisdiction must remain in the compacting state and must be
exercised by the agency to which such obligations, duties,
powers, or jurisdiction are delegated by law in effect at the
time this compact becomes effective.
Section 24-21-1300. (A)
The Department of
Division of Probation, Parole and Pardon Services may
develop and operate day reporting centers within the State.
(B) 'Day reporting
center' means a state facility providing supervision of inmates
or offenders placed on supervision, which includes, but is not
limited to, mandatory reporting, program participation, drug
testing, community service, and any other conditions as
determined by the Department of Corrections and
the Department its
Division of Probation, Parole and Pardon Services.
(C) 'Eligible inmate'
means a person sentenced to imprisonment for more than three
months, excluding a person sentenced for:
(1)
a violent crime, as provided for in Section 16-1-60;
(2)
a Class A, B, or C felony, as provided for in Section
16-1-20;
(3)
the following Class D felonies:
(a)
robbery, as provided for in Section 16-11-325;
(b)
disseminating obscene material to a minor twelve years of
age or younger, as provided for in Section 16-15-355; and
(c)
aggravated stalking, as provided for in Section
16-3-1730(C);
(4)
an unclassified crime which carries a maximum term of
imprisonment of fifteen years or more, as provided for in
Section 16-1-10(D);
(5)
the unclassified crime of assault and battery of a high
and aggravated nature in which the original indictment was for
an offense that would require registration as a sex offender, as
provided for in Section 23-3-430; or
(6)
a crime which requires a registration as a sex offender,
as provided for in Section 23-3-430. 'Eligible inmate' does not
include a person who does not provide an approved in-state
residence as determined jointly by the
Department of Corrections and the Department
its Division of Probation, Parole and Pardon Services.
(D) 'Eligible offender'
means a person placed on probation, parole, community
supervision, or any other supervision program operated by the
Department of Division of Probation,
Parole and Pardon Services, excluding a person sentenced for:
(1)
a violent crime, as provided for in Section 16-1-60;
(2)
a Class A, B, or C felony, as provided for in Section
16-1-20;
(3)
the following Class D felonies:
(a)
robbery, as provided for in Section 16-11-325;
(b)
disseminating obscene material to a minor twelve years of
age or younger, as provided for in Section 16-15-355; and
(c)
aggravated stalking, as provided for in Section
16-3-1730(C);
(4)
an unclassified crime which carries a maximum term of
imprisonment of fifteen years or more, as provided for in
Section 16-1-10(D);
(5)
the unclassified crime of assault and battery of a high
and aggravated nature in which the original indictment was for
an offense that would require registration as a sex offender, as
provided for in Section 23-3-430; or
(6)
a crime which requires a registration as a sex offender,
as provided for in Section 23-3-430. 'Eligible offender' does
not include a person who does not provide an approved in-state
residence as determined jointly by the
Department of Corrections and the Department
its Division of Probation, Parole and Pardon Services.
Section 24-21-1310. (A)
Notwithstanding another provision of law,
the Department Division of Probation,
Parole and Pardon Services may develop and operate day reporting
centers for eligible inmates and eligible offenders, if the
General Assembly appropriates funds to operate these centers.
The Department Division of Probation,
Parole and Pardon Services shall develop policies, procedures,
and guidelines for the operation of day reporting centers. The
period of time an eligible inmate or offender is required to
participate in a day reporting program and the individual terms
and conditions of an eligible inmate's or offender's placement
and participation are at the joint discretion
of the Department of Corrections and the
Department Division of Probation, Parole
and Pardon Services.
(B) An inmate or
offender has no right to be placed in a day reporting center.
The Department of Corrections and the
Department its Division of Probation, Parole and
Pardon Services have absolute discretion to
place an eligible inmate or offender in a day reporting center
and nothing in this article may be construed to entitle an
inmate or offender to participate in a day reporting center
program.
Section 24-21-1320. (A)
An eligible inmate or offender placed in a
day reporting center must agree to abide by the conditions
established by the Department of Corrections and the
Department its Division of Probation, Parole and
Pardon Services, which may include, but are not limited to:
(1)
seek and maintain employment;
(2)
participate in any educational, vocational training,
counseling, or mentoring program recommended by the department;
(3)
refrain from using alcohol or nonprescription medication;
and
(4)
pay a reasonable supervision fee, which may be waived by
the department, that must be retained by the department to
assist in funding this program.
(B) An eligible inmate
or offender who fails to abide by the conditions established by
the Department of Corrections and the
Department its Division of Probation, Parole and
Pardon Services may be removed from the community and brought
before an administrative hearing officer of the
Department of Division of Probation,
Parole and Pardon Services. The Department
Division of Probation, Parole and Pardon Services is the
sole authority for determining whether any condition has been
violated and for determining the actions to be taken in response
to the violation. A participant revoked from participation in a
day reporting center may be subject to further criminal
proceedings or the institution of internal disciplinary
sanctions for violations of any conditions associated with his
placement in the day reporting center program. An inmate who
fails to report as instructed, or whose whereabouts are unknown,
may be considered to be an escapee by the department and may be
apprehended and returned to custody as any other inmate who is
deemed an escapee by the department.
(C) If a sentence to a
day reporting center is revoked, the inmate must serve the
remainder of his sentence within the Department of Corrections.
Section 24-21-1330. The pilot project day reporting center program terminates twelve months from its opening, unless extended by the General Assembly." /
Renumber sections to conform.
Amend title to conform.