H 3166 Session 111 (1995-1996)
H 3166 General Bill, By Wilkins, Allison, Bailey, J.M. Baxley, H. Brown,
B.D. Cain, Cato, Cooper, Cotty, J.L.M. Cromer, Davenport, Delleney, Fair,
Fleming, R.C. Fulmer, Gamble, H.M. Hallman, Harrell, J.L. Harris, P.B. Harris,
Harrison, Harvin, Haskins, R.J. Herdklotz, T.E. Huff, H.G. Hutson, Jennings,
Keegan, Kelley, W.D. Keyserling, M.H. Kinon, Kirsh, Klauber, Knotts, Law,
L.H. Limbaugh, Littlejohn, C.V. Marchbanks, L.M. Martin, Mason, McKay, Neilson,
Phillips, Quinn, Rhoad, Rice, Richardson, Meacham, Riser, Robinson, Sandifer,
Seithel, Sharpe, J.S. Shissias, Simrill, R. Smith, D. Smith, Stille, Stuart,
Townsend, Tripp, J.W. Tucker, Vaughn, D.C. Waldrop, Walker, C.C. Wells, Whatley,
Witherspoon, S.S. Wofford, Young-Brickell and W.J. Young
Similar(H 4401)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
24-13-100 so as to provide the conditions a prisoner must meet to become
eligible for work release; by adding Section 24-13-150 so as to provide the
conditions a prisoner must meet to become eligible for early release; by
adding Section 24-13-175 so as to provide that sentences imposed and time
served be computed based upon a three hundred and sixty-five day year; by
adding Section 24-21-560 so as to provide all persons who commit a crime
satisfactorily complete a community supervision program before their release
from the criminal justice system, to require the Department of Corrections to
notify the Department of Probation and Community Supervision of an inmate's
projected release date, and to require the Department of Probation and
Community Supervision to notify victims and the local sheriff's office of the
place where the inmate is to be released when he is placed in community
supervision.-short title
12/21/94 House Prefiled
12/21/94 House Referred to Committee on Judiciary
01/10/95 House Introduced and read first time HJ-59
01/10/95 House Referred to Committee on Judiciary HJ-66
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 24-13-100 SO AS TO PROVIDE
THE CONDITIONS A PRISONER MUST MEET TO BECOME
ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION
24-13-150 SO AS TO PROVIDE THE CONDITIONS A
PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY
RELEASE; BY ADDING SECTION 24-13-175 SO AS TO
PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED
BE COMPUTED BASED UPON A THREE HUNDRED AND
SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO
AS TO PROVIDE ALL PERSONS WHO COMMIT A CRIME
SATISFACTORILY COMPLETE A COMMUNITY
SUPERVISION PROGRAM BEFORE THEIR RELEASE FROM
THE CRIMINAL JUSTICE SYSTEM, TO REQUIRE THE
DEPARTMENT OF CORRECTIONS TO NOTIFY THE
DEPARTMENT OF PROBATION AND COMMUNITY
SUPERVISION OF AN INMATE'S PROJECTED RELEASE
DATE, AND TO REQUIRE THE DEPARTMENT OF
PROBATION AND COMMUNITY SUPERVISION TO NOTIFY
VICTIMS AND THE LOCAL SHERIFF'S OFFICE OF THE
PLACE WHERE THE INMATE IS TO BE RELEASED WHEN
HE IS PLACED IN COMMUNITY SUPERVISION; TO AMEND
SECTIONS 1-30-10 AND 1-30-85, RELATING TO
DEPARTMENTS RESTRUCTURED WITHIN THE EXECUTIVE
BRANCH OF STATE GOVERNMENT, SO AS TO CHANGE
THE NAME OF THE DEPARTMENT OF PROBATION,
PARDON AND PAROLE TO THE DEPARTMENT OF
PROBATION AND COMMUNITY SUPERVISION,
RESPECTIVELY; TO AMEND SECTION 16-3-20, AS
AMENDED, RELATING TO THE SEPARATE SENTENCING
PROCEEDING TO DETERMINE WHETHER A SENTENCE
SHOULD BE DEATH OR LIFE IMPRISONMENT FOR A
PERSON CONVICTED OF MURDER, SO AS TO REVISE THE
TERMS OF IMPRISONMENT; TO AMEND SECTION 16-3-625,
RELATING TO RESISTING ARREST WITH A DEADLY
WEAPON, SO AS TO CHANGE THE PENALTY; TO AMEND
SECTION 16-3-1260, RELATING TO THE REIMBURSEMENT
OF THE STATE BY A CONVICTED PERSON FOR PAYMENT
FROM THE VICTIM'S COMPENSATION FUND, SO AS TO
ELIMINATE THE DEPARTMENT OF PAROLE AND
COMMUNITY CORRECTIONS' RIGHT TO MAKE PAYMENT
OF THE DEBT OR A PORTION OF THE DEBT A CONDITION
OF PAROLE, TO SUBSTITUTE "STATE OFFICE OF
VICTIM ASSISTANCE" FOR "VICTIM'S
COMPENSATION FUND" AND TO SUBSTITUTE
"SOUTH CAROLINA DEPARTMENT OF PROBATION
AND COMMUNITY SUPERVISION" FOR "SOUTH
CAROLINA BOARD OF PAROLE AND COMMUNITY
CORRECTIONS"; TO AMEND SECTION 16-3-1530, AS
AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND
WITNESSES, SO AS TO SUBSTITUTE "DEPARTMENT
OF PROBATION AND COMMUNITY SUPERVISION"
FOR "DEPARTMENT OF PROBATION, PAROLE, AND
PARDON SERVICES", TO ALLOW THE DEPARTMENT
OF PROBATION AND COMMUNITY SUPERVISION AND THE
DEPARTMENT OF CORRECTIONS TO DISCLOSE BETWEEN
THE TWO DEPARTMENTS INFORMATION PROVIDED TO
VICTIMS AND WITNESSES, AND TO ELIMINATE
RESTITUTION AS A CONDITION OF PAROLE; TO AMEND
SECTION 16-3-1550, AS AMENDED, RELATING TO THE
VICTIM IMPACT STATEMENT, SO AS TO SUBSTITUTE THE
"DEPARTMENT OF PROBATION AND COMMUNITY
SUPERVISION" FOR THE "PAROLE AND
COMMUNITY CORRECTIONS BOARD"; TO AMEND
SECTION 16-11-311, RELATING TO BURGLARY IN THE
FIRST DEGREE, SO AS TO ELIMINATE PAROLE FOR THE
COMMISSION OF THE CRIME; TO AMEND SECTION
17-25-45, RELATING TO A SOLICITOR'S DISCRETION TO
INVOKE A LIFE SENTENCE FOR A PERSON CONVICTED
THREE TIMES FOR CERTAIN CRIMES, SO AS TO REDUCE
THE NUMBER OF CRIMES TO TWO IRRESPECTIVE OF
WHETHER THE PRISONER IS CONSIDERED A VIOLENT
OFFENDER, TO DEFINE "LIFE IMPRISONMENT",
AND REQUIRE THE SOLICITOR TO GIVE NOTICE OF HIS
DECISIONS TO INVOKE SENTENCING UNDER THIS
PROVISION BEFORE TRIAL; TO AMEND SECTION 24-3-20,
AS AMENDED, RELATING TO A PRISONER'S PLACE OF
CONFINEMENT, SO AS TO SUBSTITUTE "STATE
CORRECTIONAL FACILITY" FOR "STATE
PENITENTIARY"; TO ALLOW AN INMATE'S
SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE
RENDERED IN ANOTHER STATE OR A SENTENCE
RENDERED ON THE FEDERAL LEVEL, TO REQUIRE THE
DEPARTMENT OF CORRECTIONS TO NOTIFY THE
SOLICITOR, SHERIFF, JUDGE, AND REGISTERED VICTIMS
BEFORE RELEASING INMATES ON WORK RELEASE, AND
TO ALLOW THE DEPARTMENT TO DENY WORK RELEASE
BASED ON OPINIONS RECEIVED FROM THESE
INDIVIDUALS; TO AMEND SECTION 24-3-35, RELATING TO
THE USE OF COUNTY PRISONERS FOR LITTER REMOVAL,
SO AS TO MODIFY THE NUMBER OF DAYS A SENTENCE
MAY BE REDUCED FOR LITTER REMOVAL WORK
PERFORMED AND PROVIDE CONDITIONS FOR EARLY
RELEASE OR DISCHARGE; TO AMEND SECTION 24-3-210,
AS AMENDED, RELATING TO FURLOUGHS, SO AS TO
REDUCE THE NUMBER OF INSTANCES IN WHICH AN
INMATE MAY LEAVE A CONFINEMENT FACILITY
UNACCOMPANIED; TO AMEND SECTION 24-3-410, AS
AMENDED, RELATING TO THE SALE OF PRISON-MADE
PRODUCTS, SO AS TO ELIMINATE THE TERM
"PAROLE"; TO AMEND SECTION 24-13-210, AS
AMENDED, RELATING TO REDUCTION OF A SENTENCE
FOR GOOD BEHAVIOR, SO AS TO MODIFY THE
PROCEDURE FOR COMPUTING GOOD BEHAVIOR CREDITS,
TO NOT ALLOW A REDUCTION IN SENTENCE BELOW
CERTAIN MINIMUMS, TO ELIMINATE AN INMATE'S
ABILITY TO HAVE SERVED A FULL SENTENCE WHEN HE
HAS SERVED THE TERM FOR WHICH HE WAS
SENTENCED, LESS CREDIT FOR GOOD BEHAVIOR, AND TO
PROVIDE THAT CREDITS EARNED UNDER THIS SECTION
MAY NOT BE APPLIED TO PREVENT FULL PARTICIPATION
IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND
SECTION 24-13-230, AS AMENDED, RELATING TO
REDUCTION OF A SENTENCE FOR PARTICIPATION IN AN
ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING
PROGRAM, SO AS TO MODIFY THE PROCEDURE FOR
COMPUTING ACADEMIC AND WORK CREDITS, TO
REDUCE THE MAXIMUM ANNUAL CREDIT FOR BOTH
WORK CREDIT AND ACADEMIC CREDIT, TO NOT ALLOW
A REDUCTION IN SENTENCE BELOW CERTAIN MINIMUMS,
AND TO PROVIDE NO CREDIT EARNED UNDER THIS
SECTION MAY BE APPLIED TO PREVENT FULL
PARTICIPATION IN A COMMUNITY SUPERVISION
PROGRAM; TO AMEND SECTION 24-13-1310, AS AMENDED,
RELATING TO THE SHOCK INCARCERATION PROGRAM,
SO AS TO MODIFY THE DEFINITION OF "ELIGIBLE
INMATE"; TO AMEND SECTION 24-13-1320, AS
AMENDED, RELATING TO THE SHOCK INCARCERATION
SELECTION COMMITTEE, SO AS TO SUBSTITUTE
"DIRECTOR" FOR "COMMISSIONER"
AND SUBSTITUTE "DEPARTMENT OF PROBATION
AND COMMUNITY SUPERVISION" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND
PARDON SERVICES"; AND TO AMEND SECTION
24-13-1330, AS AMENDED, RELATING TO AN INMATE'S
PARTICIPATION IN THE SHOCK INCARCERATION
PROGRAM, SO AS TO MODIFY THE PROCEDURE AN
INMATE IS CONSIDERED FOR PARTICIPATION IN THE
SHOCK INCARCERATION PROGRAM, TO SUBSTITUTE
"DIRECTOR" FOR "COMMISSIONER",
TO ELIMINATE PAROLE FOR INMATES WHO COMPLETE
THE SHOCK INCARCERATION PROGRAM, BUT REQUIRE
THEM TO BE RELEASED TO COMMUNITY SUPERVISION
AND TO PAY RESTITUTION IF APPLICABLE; TO AMEND
SECTION 24-13-1520, AS AMENDED, RELATING TO
DEFINITIONS UNDER "HOME DETENTION ACT",
SO AS TO SUBSTITUTE "DEPARTMENT OF
PROBATION AND COMMUNITY SERVICES" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND
PARDON SERVICES"; TO AMEND SECTION 24-13-1590,
AS AMENDED, RELATING TO THE PROVISION THAT
PROBATION AND PAROLE AUTHORITY IS NOT
DIMINISHED BY ANY PROVISION OF THE "HOME
DETENTION ACT", SO AS TO SUBSTITUTE
"DEPARTMENT OF PROBATION AND COMMUNITY
SUPERVISION" FOR "DEPARTMENT OF
PROBATION, PAROLE, AND PARDON SERVICES"; TO
AMEND SECTION 24-19-160, AS AMENDED, RELATING TO
THE PROVISIONS THAT THE COURTS' POWERS AND THE
JURISDICTION OF THE PROBATION, PAROLE, AND
PARDON BOARD ARE NOT AFFECTED BY THE
DEPARTMENT OF CORRECTION'S TREATMENT OF
YOUTHFUL OFFENDERS, SO AS TO SUBSTITUTE
"DEPARTMENT OF PROBATION AND COMMUNITY
SERVICES" FOR "DEPARTMENT OF PROBATION,
PAROLE, AND PARDON SERVICES" AND TO
ELIMINATE THE PROVISION THAT MAKES FOR PAROLE
PURPOSES A SENTENCE PURSUANT TO SECTION 24-19-5,
SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED,
RELATING TO THE STRUCTURE OF THE DEPARTMENT OF
PROBATION, PAROLE, AND PARDON SERVICES AND THE
BOARD OF PROBATION, PAROLE, AND PARDON SERVICES,
SO AS TO SUBSTITUTE "DEPARTMENT OF
PROBATION AND COMMUNITY SUPERVISION" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND
PARDON SERVICES" AND SUBSTITUTE "BOARD
OF PARDONS" FOR "BOARD OF PROBATION,
PAROLE, AND PARDON SERVICES"; TO AMEND
SECTION 24-21-13, AS AMENDED, RELATING TO THE
DUTIES OF THE DIRECTOR AND BOARD OF THE
DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES, SO AS TO REQUIRE THE DIRECTOR TO
DEVELOP POLICIES AND PROCEDURE TO PLACE AND
SUPERVISE OFFENDERS ON COMMUNITY SUPERVISION
AND OTHER WORK RELEASE PROGRAMS, TO DEFINE
COMMUNITY SUPERVISION AND AN INMATE'S RIGHT TO
BE PLACED IN THIS PROGRAM, AND TO LIMIT THE CASES
THE BOARD MUST CONSIDER; TO AMEND SECTION
24-21-30, RELATING TO THE BOARD OF PROBATION,
PAROLE, AND PARDON SERVICES MEETINGS, SO AS TO
ELIMINATE GRANTING PAROLE TO INMATES WHO
COMMIT A CRIME AFTER JUNE 30, 1996, AND TO MODIFY
THE PROCEDURE FOR GRANTING PAROLES; TO AMEND
SECTION 24-21-50, RELATING TO HEARINGS, ARGUMENTS,
AND APPEARANCES BEFORE THE BOARD OF PROBATION,
PAROLE, AND PARDON SERVICES, SO AS TO LIMIT THE
BOARD TO CONSIDER ONLY CASES FOR PAROLE OR
PARDONS; TO AMEND SECTION 24-21-60, AS AMENDED,
RELATING TO PUBLIC AGENCY AND OFFICIALS
COOPERATING WITH THE BOARD OF PROBATION,
PAROLE, AND PARDON SERVICES, SO AS TO ELIMINATE
THE DIRECTOR OF THE BOARD'S ABILITY TO CONDUCT
SURVEYS OF CORRECTIONAL FACILITIES; TO AMEND
SECTION 24-21-80, AS AMENDED, RELATING TO
SUPERVISION FEES PAID BY PROBATIONERS AND
PAROLEES, SO AS TO INCLUDE COMMUNITY
SUPERVISION IN THE PROGRAMS COVERED BY
SUPERVISION FEES, TO GRANT THE DEPARTMENT OF
PROBATION AND COMMUNITY SUPERVISION THE
AUTHORITY TO DETERMINE SUPERVISION FEES, TO
MAKE PAYMENT OF A SUPERVISION FEE A CONDITION
OF COMMUNITY SUPERVISION, AND TO SUBSTITUTE
"DEPARTMENT" FOR "BOARD" AND
"COMMUNITY SUPERVISION PROGRAM" FOR
"SUPERVISED FURLOUGH PROGRAM"; TO
AMEND SECTION 24-21-220, AS AMENDED, RELATING TO
THE POWERS AND DUTIES OF THE DIRECTOR OF THE
DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES, SO AS TO INCLUDE COMMUNITY SUPERVISION
AMONG THE PROGRAMS HE MUST EMPLOY STAFF TO
CARRY OUT HIS DUTIES; TO AMEND SECTION 24-21-230,
AS AMENDED, RELATING TO THE EMPLOYMENT AND
TRAINING AND EXAMINING OF PROBATION AGENTS AND
CLERICAL ASSISTANTS, SO AS TO FURTHER PROVIDE
FOR THE TRAINING AND EXAMINATION OF CERTAIN
AGENTS; TO AMEND SECTION 24-21-280, AS AMENDED,
RELATING TO THE DUTIES AND POWERS OF PROBATION
AGENTS, SO AS TO REQUIRE PROBATION AGENTS TO
PROVIDE PERSONS RELEASED ON PAROLE OR
COMMUNITY SUPERVISION A WRITTEN STATEMENT OF
THE TERMS OF THEIR RELEASE AND MAINTAIN
CONTACT WITH AND ENCOURAGE THOSE IN
COMMUNITY SUPERVISION TO IMPROVE THEIR CONDUCT
AND CONDITION, AND TO MAKE PROBATION AGENTS
OFFICIAL REPRESENTATIVES OF THE DEPARTMENT OF
PROBATION AND COMMUNITY SUPERVISION AND THE
BOARD OF PARDONS; TO AMEND SECTION 24-21-300,
RELATING TO THE ISSUING OF A CITATION AND
AFFIDAVIT THAT A PERSON RELEASED PURSUANT TO
THE PRISON OVERCROWDING ACT IS IN VIOLATION OF
HIS TERMS OF RELEASE, SO AS TO ALLOW PROBATION
AGENTS TO ISSUE CITATIONS AND AFFIDAVITS TO
COMMUNITY SUPERVISION RELEASEES AND TO
SUBSTITUTE "OFFENDER MANAGEMENT SYSTEMS
ACT" FOR "PRISON OVERCROWDING POWERS
ACT"; TO AMEND SECTION 24-21-910, RELATING TO
THE DUTY OF THE PROBATION, PAROLE, AND PARDON
SERVICES BOARD WITH RESPECT TO REPRIEVES OR
COMMUTATION OF DEATH SENTENCES, SO AS TO
SUBSTITUTE "BOARD OF PARDONS" FOR
"PROBATION, PAROLE, AND PARDON SERVICES
BOARD"; TO AMEND SECTION 24-21-950, RELATING
TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR
PARDONS, SO AS TO ELIMINATE ELIGIBILITY FOR A
PARDON TO PERSONS DISCHARGED FROM A SENTENCE
WITHOUT BENEFIT OF PAROLE, PAROLEES, AND
INMATES WHO BEFORE PAROLE ELIGIBILITY MUST
PRODUCE EVIDENCE COMPRISING THE MOST
EXTRAORDINARY CIRCUMSTANCES, AND TO ALLOW
PERSONS DISCHARGED FROM A SENTENCE WITHOUT
BENEFIT OF SUPERVISION BE CONSIDERED FOR A
PARDON UPON THE REQUEST OF THE INDIVIDUAL
ANYTIME AFTER DISCHARGE; TO AMEND SECTION
24-23-20, RELATING TO THE CASE CLASSIFICATION
SYSTEM, SO AS TO ELIMINATE PAROLEES FROM THE
CASE CLASSIFICATION SYSTEM; TO AMEND SECTION
24-23-30, RELATING TO THE COMMUNITY CORRECTIONS
PLAN, SO AS TO SUBSTITUTE "SUPERVISED
PRISONERS" FOR "PAROLEES", TO
INCLUDE COMMUNITY SUPERVISION PROGRAMS IN THE
COMMUNITY CORRECTIONS PLAN, SUBSTITUTE
"STATE PROBATION AGENTS" FOR "STATE
PROBATION AND PAROLE AGENTS", AND TO
SUBSTITUTE "COMMUNITY SUPERVISION" FOR
"PAROLE"; TO AMEND SECTION 24-23-40, AS
AMENDED, RELATING TO THE DEVELOPMENT OF A
COMMUNITY CORRECTIONS PLAN, SO AS TO INCLUDE
COMMUNITY SUPERVISION RELEASEES AMONG
INDIVIDUALS OBTAINING TREATMENT UNDER THE PLAN
AND TO ELIMINATE THE CONDUCT OF RESEARCH AND
SPECIAL STUDIES ON THE ISSUE OF PAROLE OUTCOMES
BY THE BOARD OF PROBATION, PAROLE, AND PARDON
SERVICES; TO AMEND SECTION 24-23-115, AS AMENDED,
SO AS TO SUBSTITUTE "DEPARTMENT OF
PROBATION AND COMMUNITY SUPERVISION" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND
PARDON SERVICES"; TO AMEND SECTION 24-23-130,
AS AMENDED, RELATING TO THE TERMINATION OF
SUPERVISION OF A PROBATIONER UPON
RECOMMENDATION OF THE RESPONSIBLE COUNTY
PROBATION OFFICE, SO AS TO ESTABLISH THE
CONDITIONS A PRISONER UNDER COMMUNITY
SUPERVISION MAY BE TERMINATED FROM SUPERVISION,
AND TO ELIMINATE THE TWO-YEAR PERIOD A
PROBATIONER OR SUPERVISED PRISONER MUST WAIT
AFTER SATISFACTORILY COMPLETING THE CONDITIONS
OF HIS PROBATION OR COMMUNITY SUPERVISION TO
BECOME ELIGIBLE FOR TERMINATION OF SUPERVISION;
TO AMEND SECTION 24-23-220, AS AMENDED, RELATING
TO THE PAYMENT OF ASSESSMENTS AS A CONDITION OF
PROBATION AND SUPERVISION FROM RELEASE FROM
PRISON, SO AS TO SUBSTITUTE "DEPARTMENT OF
PROBATION AND COMMUNITY SUPERVISION" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND
PARDON SERVICES", AND TO SUBSTITUTE
"TREASURER" FOR "TREASURY"; TO
REPEAL ARTICLE 7 OF CHAPTER 21 OF TITLE 24,
RELATING TO PAROLE AND RELEASE FOR GOOD
CONDUCT; SECTION 24-1-200, RELATING TO THE
DIRECTOR OF THE DEPARTMENT OF CORRECTION'S
ABILITY TO INQUIRE INTO INMATE'S SENTENCES, THE
CONDITIONS UNDER WHICH INMATES ARE CONFINED
AND RECOMMENDATIONS FOR CLEMENCY; SECTION
24-3-40, RELATING TO THE DISPOSITION OF WAGES OF
PRISONERS ALLOWED TO WORK AT PAID EMPLOYMENT;
SECTION 24-3-50, RELATING TO THE PENALTY FOR A
PRISONER'S FAILURE TO REMAIN WITHIN EXTENDED
LIMITS OF HIS CONFINEMENT; SECTION 24-13-60,
RELATING TO THE REQUIREMENT THAT CLERKS OF
COURT MUST NOTIFY THE DEPARTMENT OF
CORRECTIONS OF THE NUMBER OF PERSONS CONVICTED
EACH TERM; SECTION 24-13-270, RELATING TO THE
PREMATURE RELEASE OF PRISONERS; SECTION 24-13-710,
RELATING TO THE IMPLEMENTATION OF GUIDELINES
AND ELIGIBILITY CRITERIA FOR THE SUPERVISED
FURLOUGH PROGRAM; AND SECTION 24-13-720, RELATING
TO INMATES WHO MAY BE PLACED IN A SUPERVISED
FURLOUGH PROGRAM; AND TO DIRECT THE CODE
COMMISSIONER TO MAKE APPROPRIATE REVISIONS TO
THE CODE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-13-100. Notwithstanding another provision of
law, no prisoner convicted of an offense against this State and
sentenced to the custody of the Department of Corrections,
including those prisoners serving time in a local facility pursuant to
a designated facility agreement authorized by Section 24-3-20, is
eligible for work release until the prisoner has served not less than:
(1) seventy percent of the term of imprisonment imposed if the
prisoner committed a `violent' crime as defined under Section
16-1-60, irrespective of whether the prisoner is considered a violent
offender; or
(2) sixty percent of the term of imprisonment imposed if the
prisoner is considered `nonviolent' as defined under Section
16-1-70."
SECTION 2. The 1976 Code is amended by adding:
"Section 24-13-150. Notwithstanding another provision of
law, a prisoner convicted of an offense against this State and
sentenced to the custody of the Department of Corrections,
including a prisoner serving time in a local facility pursuant to a
designated facilities agreement authorized by Section 24-3-20, is not
eligible for early release, discharge, or community supervision until
the prisoner has served eighty-five percent of the term of
imprisonment imposed if the offender committed a `violent' crime
as defined in Section 16-1-60, irrespective of whether the prisoner
is considered a violent offender.
This percentage must be calculated without the application of
earned work credits, education credits, and good time credits."
SECTION 3. The 1976 Code is amended by adding:
"Section 24-13-175. Notwithstanding another provision of
law, sentences imposed and time served must be computed based
upon a three hundred and sixty-five day year."
SECTION 4. The 1976 Code is amended by adding:
"Section 24-21-560. All sentences involving incarceration
for crimes committed on or after July 1, 1996 include the
incarceration period and up to two years community supervision.
All prisoners who commit a crime on or after July 1, 1996, must
satisfactorily complete a community supervision program operated
by the Department of Probation and Community Supervision. This
program must last no more than two years at the sole discretion of
the department. No civil liability shall attach to the department or
any of its employees based on the exercise of this discretion. The
court shall determine when a prisoner fails to complete this program
or whether a prisoner's community supervision should be revoked.
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. If the supervision is revoked, the
prisoner shall return to prison to serve up to one year without any
credits and then return to community supervision. While under
community supervision, prisoners are not eligible to earn any type
of credits. All decisions made by the department or the court in
dealing with community supervision are final, with no right of
appeal. A convict must not be released into the community without
having satisfactorily completed a period of community supervision.
If the prisoner does not complete the community supervision, he
must be returned to prison for up to one year and then placed back
on community supervision until he satisfactorily completes it or his
community supervision is revoked. This process will continue until
the prisoner has satisfactorily completed community supervision.
The prisoner must successfully complete community supervision in
order to be released from the criminal justice system. Successful
completion of the community supervision program satisfies the
prisoner's sentence.
The Department of Corrections shall notify the Department of
Probation and Community Supervision of the projected release date
of inmates one hundred eighty days in advance. For offenders
sentenced to one hundred eighty days or less, the Department of
Corrections shall notify immediately the Department of Probation
and Community Supervision.
The Department of Probation and Community Supervision shall
notify victims pursuant to Section 16-3-1530(c) and the sheriff's
office of the place where the prisoner is to be released when he is
released to community supervision."
SECTION 5. Section 1-30-10(A)15 of the 1976 Code, as added
by Act 181 of 1993, is amended to read:
"15. Department of Probation, Pardon and
Parole Community Supervision"
SECTION 6. Section 1-30-10(F)(2)(iii) of the 1976 Code, as
added by Act 181 of 1993, is amended to read:
"(iii) Department of Probation, Pardon and
Parole Community Supervision created pursuant to
Section 1-30-85 by the director of the former Department of
Probation, Pardon and Parole;"
SECTION 7. Section 1-30-85 of the 1976 Code, as added by
Act 181 of 1993, is amended to read:
"Section 1-30-85. Effective on July 1, 1993, the following
agencies, boards, and commissions, including all of the allied,
advisory, affiliated, or related entities as well as the employees,
funds, property and all contractual rights and obligations associated
with any such agency, except for those subdivisions specifically
included under another department, are hereby transferred to and
incorporated in and shall must be administered as
part of the Department of Probation, Pardon and
Parole Community Supervision:
Department of Probation, Pardon and Parole, formerly
provided for at Section 24-21-10, et seq."
SECTION 8. Section 16-3-20 of the 1976 Code, as last
amended by Act 488 of 1992, is further amended to read:
"Section 16-3-20. (A) A person who is convicted
of or pleads guilty to murder must be punished by death or by
imprisonment for life and is not eligible for parole until the
service of twenty years; provided, however, that when or by
a mandatory minimum of twenty years. If the State seeks the
death penalty and an aggravating circumstance is specifically
found beyond a reasonable doubt pursuant to subsections (B) and
(C), and a recommendation of death is not made, the court must
impose a sentence of life imprisonment without eligibility for
parole until the service of thirty years or a mandatory
minimum of thirty years. For purposes of this section,
`life' means until death. Provided, further, that Under
no circumstances may a female who is pregnant with child
be executed so long as she is in that condition
pregnant. When the Governor commutes a sentence of
death under the provisions of Section 14 of Article IV of the
Constitution of South Carolina, 1895, the commutee is not eligible
for parole. No person sentenced under the provisions of this
subsection may receive any work-release credits, good-time
credits, or any other credit that would reduce the mandatory
imprisonment required by this subsection.
(B) Upon conviction or adjudication of guilt of a defendant of
murder, the court shall conduct a separate sentencing proceeding to
determine whether the defendant should be sentenced to
death, or life imprisonment, or a mandatory
minimum sentence. The proceeding shall must
be conducted by the trial judge before the trial jury as soon as
practicable after the lapse of twenty-four hours unless waived by
the defendant. If trial by jury has been waived by the defendant and
the State, or if the defendant pleaded guilty, the sentencing
proceeding shall must be conducted before the
court. In the sentencing proceeding, the jury or judge shall hear
additional evidence in extenuation, mitigation, or aggravation of the
punishment. Only such evidence in aggravation as the State has
made known to informed the defendant in writing
prior to before the trial shall be is
admissible. This section shall must not be
construed to authorize the introduction of any evidence secured in
violation of the Constitutions of the United States or the State of
South Carolina or the applicable laws of either. The State, the
defendant, and his counsel shall be are permitted to
present arguments for or against the sentence to be imposed. The
defendant and his counsel shall have the closing argument regarding
the sentence to be imposed.
(C) The judge shall consider, or he shall include in his
instructions to the jury for it to consider, any mitigating
circumstances otherwise authorized or allowed by law and any
of the following statutory aggravating and mitigating
circumstances which may be supported by the evidence:
(a) Aggravating circumstances:
(1) The murder was committed while in the commission of
the following crimes or acts:
(a) criminal sexual conduct in any degree;
(b) kidnapping;
(c) burglary in any degree;
(d) robbery while armed with a deadly weapon;
(e) larceny with use of a deadly weapon;
(f) killing by poison;
(g) drug trafficking as defined in Section 44-53-370(e),
44-53-375(B), 44-53-440, or 44-53-445; or
(h) physical torture.
(2) The murder was committed by a person with a prior
conviction for murder.
(3) The offender by his act of murder knowingly created a
great risk of death to more than one person in a public place by
means of a weapon or device which normally would be hazardous
to the lives of more than one person.
(4) The offender committed the murder for himself or
another for the purpose of receiving money or a thing of monetary
value.
(5) The murder of a judicial officer, former judicial officer,
solicitor, former solicitor, or other officer of the court during or
because of the exercise of his official duty.
(6) The offender caused or directed another to commit
murder or committed murder as an agent or employee of another
person.
(7) The murder of a federal, state, or local law
enforcement officer, peace officer or former peace officer,
corrections employee or former corrections employee, or fireman or
former fireman during or because of the performance of his official
duties.
(8) The murder of a family member of an official listed in
subitems (5) and (7) above with the intent to impede or retaliate
against the official. `Family member' means a spouse, parent,
brother, sister, child, or person to whom the official stands in the
place of a parent, or a person living in the official's household and
related to him by blood or marriage.
(9) Two or more persons were murdered by the defendant
by one act or pursuant to one scheme or course of conduct.
(10) The murder of a child eleven years of age or under.
(b) Mitigating circumstances:
(1) The defendant has no significant history of prior
criminal conviction involving the use of violence against another
person.
(2) The murder was committed while the defendant was
under the influence of mental or emotional disturbance.
(3) The victim was a participant in the defendant's conduct
or consented to the act.
(4) The defendant was an accomplice in the murder
committed by another person and his participation was relatively
minor.
(5) The defendant acted under duress or under the
domination of another person.
(6) The capacity of the defendant to appreciate the
criminality of his conduct or to conform his conduct to the
requirements of law was substantially impaired.
(7) The age or mentality of the defendant at the time of the
crime.
(8) The defendant was provoked by the victim into
committing the murder.
(9) The defendant was below the age of eighteen at the
time of the crime.
(10) The defendant had mental retardation at the time of the
crime. `Mental retardation' means significantly subaverage general
intellectual functioning existing concurrently with deficits in
adaptive behavior and manifested during the developmental period.
The statutory instructions as to aggravating and mitigating
circumstances shall must be given in charge and in
writing to the jury for its deliberation. The jury, if its verdict
be is a recommendation of death, shall designate in
writing, and signed by all members of the jury, the aggravating
circumstance or circumstances which it found beyond a reasonable
doubt. The jury, if it does not recommend death, after finding an
aggravating circumstance or circumstances beyond a reasonable
doubt, shall designate, in writing, and signed by all
members of the jury, designate the aggravating circumstance
or circumstances it found beyond a reasonable doubt. In nonjury
cases the judge shall make such makes the
designation. Unless at least one of the statutory aggravating
circumstances enumerated in this section is so found, the
death penalty shall must not be imposed.
Where a statutory aggravating circumstance is found and a
recommendation of death is made, the court shall sentence the
defendant to death. The trial judge, prior to before
imposing the death penalty, shall find as an affirmative fact that the
death penalty was warranted under the evidence of the case and was
not a result of prejudice, passion, or any other
another arbitrary factor. Where a sentence of death is not
recommended by the jury, the court shall sentence the defendant to
life imprisonment or a mandatory minimum of thirty years
as provided in subsection (A). In the event that all
If members of the jury after a reasonable deliberation
cannot agree on a recommendation as to whether or not the death
sentence should be imposed on a defendant found guilty of murder,
the trial judge shall dismiss such jury and shall sentence the
defendant to life imprisonment or a mandatory minimum of
thirty years as provided in subsection (A). Before dismissing
the jury, the trial judge shall question the jury as to whether or not
it found an aggravating circumstance or circumstances beyond a
reasonable doubt. If the jury has found an aggravating
circumstance or circumstances beyond a reasonable doubt, the jury
shall designate this finding, in writing, signed by all the members of
the jury. The jury shall not recommend the death penalty if the
vote for such penalty is not unanimous as provided.
(D) Notwithstanding the provisions of Section 14-7-1020, in
cases involving capital punishment any a person
called as a juror shall must be examined by the
attorney for the defense.
(E) In every a criminal action in which a
defendant is charged with a crime which may be punishable by
death, a person may not be disqualified, excused, or excluded from
service as a juror therein by reason of his beliefs or attitudes
against capital punishment unless such beliefs or attitudes would
render him unable to return a verdict according to law."
SECTION 9. Section 16-3-625 of the 1976 Code is amended to
read:
"Section 16-3-625. Any A person
seventeen years of age or older who resists the lawful efforts of a
law enforcement officer to arrest him or her or any
other another person with the use or threat of use of
any a deadly weapon against the officer, when
such and the person is in possession or claims to be in
possession of a deadly weapon, shall be deemed is
guilty of a felony and, upon conviction,
shall must be punished by imprisonment for
imprisoned not more than ten nor less than two
years. No sentence imposed hereunder for a first offense
shall may be suspended to less than six months
nor shall the persons so sentenced be eligible for parole until
after service of six months. No person sentenced
sentence imposed under this section for a second or
subsequent offense shall have such sentence may be
suspended to less than two years nor shall such person be
eligible for parole until after service of two years.
As used in this section `deadly weapon' shall mean
means a shotgun, rifle, pistol, or knife.
This section shall in no manner does not affect or
replace the common law crime of assault and battery with intent to
kill nor shall does it apply if the sentencing
judge, in his discretion, elects to sentence an
eligible defendant under the provisions of the `Youthful Offenders
Act'."
SECTION 10. Section 16-3-1260 of the 1976 Code is amended
to read:
"Section 16-3-1260. (1) Any A payment
of benefits to, or on behalf of, a victim or intervenor, or
eligible family member under this article shall create
creates a debt due and owing to the State by any
a person found in as determined by a court
of competent jurisdiction of this State, to have
who has committed such the criminal act.
(2) The circuit court, when placing on probation any
a person who owes a debt to the State as a consequence of
a criminal act, may set as a condition of probation the payment of
the debt or a portion of the debt to the State. The court
also may also set the schedule or amounts of
payments subject to modification based on change of circumstances.
(3) The Department of Parole and Community Corrections
shall also have the right to make payment of the debt or a portion
of the debt to the State a condition of parole.
(4) When a juvenile is adjudicated delinquent in a family
court proceeding involving a crime upon which a claim under this
article can be made, the family court, in its
discretion, may order that the juvenile pay the debt to the
Victim's Compensation Fund State Office of Victim
Assistance, as created by this article, as an adult would
have to pay had an adult committed the crime. Any assessments
so ordered may be made a condition of probation as
provided in Section 20-7-1330.
(5)(4) Payments authorized or required under
this section must be paid to the Victim's Compensation
Fund State Office of Victim Assistance. The Director
of the Victim's Compensation Fund State Office of
Victim Assistance shall coordinate the development of policies
and procedures for the South Carolina Department of Corrections,
the South Carolina Office of Court Administration, and the
South Carolina Board Department of Parole
Probation and Community Corrections
Supervision to assure that victim restitution programs are
administered in an effective manner to increase payments into the
Compensation Fund State Office of Victim
Assistance.
(6)(5) Restitution payments to the Victim's
Compensation Fund State Office of Victim Assistance
may be made by the Department of Corrections from wages
accumulated by offenders in its custody who are subject to this
article, except that offenders wages shall must not
be used for this purpose if such monthly wages are at or
below minimums required to purchase basic necessities."
SECTION 11. The first paragraph of Section 16-3-1530 of the
1976 Code, as last amended by Act 68 of 1991, is further amended
to read:
"Victims and witnesses who wish to receive notification
and information shall provide the solicitor, the Department of
Corrections, and the Department of Probation, Parole
and Pardon Services Community Supervision their
current address and telephone number. This information, as it is
contained in Department of Corrections and Department of
Probation, Parole and Pardon Services
Community Supervision files, is privileged and must not be
disclosed directly or indirectly, except between these two
departments, or by order of a court of competent jurisdiction.
The solicitor's office which is prosecuting the case has the
responsibility of the rights in this subsection, except items (6) and
(7) which are the responsibility of the Department of Probation,
Parole and Pardon Services Community
Supervision and the Department of Corrections."
SECTION 12. Section 16-3-1530(D)(3) of the 1976 Code is
amended to read:
"(3) A victim has the right to receive restitution for
expenses or property loss incurred as the result of the crime. The
judge shall order restitution at every sentencing for a crime against
person or property or as a condition of probation or parole,
unless the court finds a substantial and compelling reason not to
order restitution. The court shall diligently, fairly, and in a timely
manner enforce all orders of restitution."
SECTION 13. Section 16-3-1550(B) of the 1976 Code, as last
amended by Act 579 of 1988, is further amended to read:
"(B) It is the responsibility of the solicitor's Victim or
Witness Assistance Unit in each judicial circuit or a representative
designated by the solicitor or law enforcement agency handling the
case to advise all victims of their right to submit to the court, orally
or in writing at the victim's option, a victim impact statement to be
considered by the judge at the sentencing or disposition hearing in
general sessions court and at a parole hearing. The solicitor's office
or law enforcement agency shall provide a copy of the written form
to any victim who wishes to make a written report. In those
cases which the solicitor determines that there has been extensive or
significant impact on the life of the victim, the Victim or Witness
Assistance Unit shall assist the victim in completing the form. The
victim shall submit this statement to the solicitor's office within
appropriate time limits set by the solicitor to be filed in the court
records by the solicitor's office so it may be available to the
defense for a reasonable period of time prior to
before sentencing. The court shall allow the defendant to
have the opportunity to rebut the victim's written statement if the
court decides to review any part of the statement before sentencing.
If the defendant is incarcerated, the solicitor shall forward a copy of
the impact statement and copies of all completed Victim/Witness
Notification Requests to the Department of Corrections and to the
Parole and Community Corrections Board Department of
Probation and Community Supervision. Solicitors shall begin
using these victim impact statements no later than January 1,
1985."
SECTION 14. Section 16-11-311 of the 1976 Code is amended
to read:
"Section 16-11-311. (A) A person is guilty of burglary in
the first degree if the person enters a dwelling without consent and
with intent to commit a crime therein in the
dwelling, and either:
(1) when, in effecting entry or while in the dwelling or in
immediate flight therefrom, he or another participant in the
crime:
(a) is armed with a deadly weapon or explosive; or
(b) causes physical injury to any a person
who is not a participant in the crime; or
(c) uses or threatens the use of a dangerous instrument; or
(d) displays what is or appears to be a knife, pistol,
revolver, rifle, shotgun, machine gun, or other firearm; or
(2) the burglary is committed by a person with a prior record
of two or more convictions for burglary or housebreaking or a
combination of both; or
(3) the entering or remaining occurs in the nighttime.
(B) Burglary in the first degree is a felony punishable by life
imprisonment; provided, that the. For purposes of this
section, `life' means until death. The court, in its discretion,
may sentence the defendant to a term of not less than fifteen
years, provided, that no person convicted of burglary in the first
degree shall be eligible for parole except upon service of not less
than one-third of the term of the sentence."
SECTION 15. Section 17-25-45 of the 1976 Code is amended to
read:
"Section 17-25-45. (1) A.(A) (1) Notwithstanding any other another provision of law,
any a person who has three two
convictions under the laws of this State, any other
another state, or the United States, for a violent crime as
defined in Section 16-1-60, irrespective of whether the prisoner
is considered a violent offender, except a crime for which a
sentence of death has been imposed shall, upon the third
conviction in this State for such a violent crime,
must be sentenced to life imprisonment without
parole. For purposes of this section `life imprisonment'
means until death.
B.(2) For the purpose of this section only, a
conviction is considered a second conviction only if the date of the
commission of the second crime occurred subsequent to the
imposition of the sentence for the first offense. A conviction is
considered a third conviction only if the date of the commission of
the third crime occurred subsequent to the imposition of the
sentence for the second offense. Convictions totaling more than
three must be determined in a like manner.
(2)(B) The decision to invoke sentencing under
subsection (1)(A) shall be is in the
discretion of the solicitor. Notice must be given by the solicitor
before trial."
SECTION 16. Section 24-3-20 of the 1976 Code, as last
amended by Act 181 of 1993 and Act 500 of 1994, is further
amended to read:
"Section 24-3-20. (a)(A) Notwithstanding the provisions of Section 24-3-10, any
a person convicted of an offense against the State of South
Carolina and committed to the State Penitentiary at Columbia
shall a state correctional facility must be in the custody
of the South Carolina Department of Corrections of the
State of South Carolina, and the director shall designate the
place of confinement where the sentence shall must
be served. Nothing in this section prevents a court from
ordering a sentence to run concurrently with a sentence being
served in another state or an active federal sentence. The
director may designate as a place of confinement any available,
suitable, and appropriate institution or facility, including a county
jail or prison camp, whether maintained by the State
department of Corrections or otherwise. Provided, that
if If the facility is not maintained by the department,
the consent of the sheriff of the county wherein
where the facility is located must first be obtained.
The department shall notify the trial solicitor, sheriff, judge,
and victims registered pursuant to Section 16-3-1530(c) before
releasing inmates on work release. The department shall have the
authority to deny release based upon the opinions received.
(b)(B) When the director determines, after
the minimums provided in Section 24-13-100 have been
served, that the character and attitude of a prisoner reasonably
indicates that he may be so trusted, it he
may extend the limits of the place of confinement of the prisoner
by authorizing him to work at paid employment or participate in a
training program in the community on a voluntary basis while
continuing as a prisoner, provided that the director determines that:
(1) such the paid employment will not result
in the displacement of employed workers, nor be applied in skills,
crafts, or trades in which there is surplus of available gainful labor
in the locality, nor impair existing contracts for services; and
(2) the rates of pay and other conditions of employment will
not be less than those paid and provided for work of similar nature
in the locality in which the work is to be performed.
No prisoner's place of confinement may be extended as permitted
by this subsection who is currently serving a sentence for or has a
prior conviction of criminal sexual conduct in the first, second, or
third degree, attempted criminal sexual conduct, assault with intent
to commit criminal sexual conduct, criminal sexual conduct when
the victim is his legal spouse, criminal sexual conduct with a minor,
lewd act on a child, engaging a child for sexual performance, or
spousal sexual battery.
(c)(C) Notwithstanding the provisions of
Section 24-3-10 or any other provisions of law, the
department shall make available for use in litter control and
removal any or all prison inmates not engaged in programs
determined by the department to be more beneficial in terms of
rehabilitation and cost effectiveness. Provided, however, that
the The department of Corrections shall not
make available for litter control those inmates who, in the judgment
of the director, pose a significant threat to the community or who
are not physically, mentally, or emotionally able to perform
work required in litter control. No inmate shall
must be assigned to a county prison facility except upon
written acceptance of the inmate by the chief county administrative
officer or his designee and no prisoner may be assigned to litter
control in a county which maintains a facility unless he is assigned
to the county prison facility. The department of Corrections
shall include in its annual report to the Budget and Control Board
an analysis of the job and program assignments of inmates. This
plan shall include such programs as litter removal, prison industries,
work release, education, and counseling. The department
of Corrections shall make every effort to minimize not only
inmate idleness but also occupation in marginally productive
pursuits. The State Budget and Control Board and the
Governor's Office shall comment in writing to the department
concerning any necessary alterations in this plan.
(d)(D) The department of Corrections
may establish a restitution program for the purpose of allowing
persons convicted of nonviolent offenses who are sentenced to the
State department of Corrections to reimburse the
victim for the value of the property stolen or damages caused by
such the offense. In the event that there is
If no victim is involved, the person convicted shall
contribute to the administration of the program. The department
of Corrections is authorized to promulgate regulations
necessary to administer the program.
(e)(E) In the event that If a
person is sentenced to not more than seven years and for not more
than a second offense for the following offenses: larceny, grand
larceny, forgery and counterfeiting, embezzlement, stolen property,
damage to property, receiving stolen goods, shoplifting,
housebreaking, fraud, vandalism, breach of trust with fraudulent
intent, and storebreaking, the judge shall establish at the time of
sentencing a maximum amount of property loss which may be used
by the South Carolina department of Corrections in
the administration of the restitution program."
SECTION 17. Section 24-3-35 of the 1976 Code is amended to
read:
"Section 24-3-35. The governing body of any
a county in this State may allow prisoners under the
county's jurisdiction who are housed in a county prison facility and
who are serving a sentence of ninety days or less to perform litter
removal functions within the county. The governing body of each
county by ordinance shall be is authorized to and
shall establish guidelines for such litter removal by
prisoners, which. The guidelines shall
must include a provision for a reduction of the sentence of
the prisoners so used not to exceed a one
three-day reduction of the sentence for each two
days month of litter removal work performed. No
prisoner is eligible for early release or discharge, regardless of
credit received for litter removal work, until the minimum sentence
requirements provided in Section 24-13-150 are met."
SECTION 18. Section 24-3-210 of the 1976 Code, as last
amended by Act 477 of 1994, is further amended to read:
"Section 24-3-210. (A) The director may extend the
limits of the place of confinement of a prisoner, where there is
reasonable cause to believe he will honor his trust, by authorizing
him, under prescribed conditions, to leave the confines of that place
unaccompanied by a custodial agent for a prescribed period of time
to:
(1) contact prospective employers;
(2) secure a suitable residence for use when released on
parole or upon discharge;
(3) obtain medical services not otherwise available;
(4) participate in a training program in the community or any
other compelling reason consistent with the public interest;
(5) visit or attend the funeral of a spouse, child (including
stepchild, adopted child, or child as to whom the prisoner, though
not a natural parent, has acted in the place of a parent), parent
(including a person, though not a natural parent, who has acted in
the place of a parent), brother, or sister.
(B) The director may extend the limits of the place of
confinement of a terminally ill inmate for an indefinite length of
time when there is reasonable cause to believe that the inmate will
honor his trust.
(C) The wilful failure of a prisoner to remain within the
extended limits of his confinement or return within the time
prescribed to the places of confinement designated by the director is
considered an escape from the custody of the director punishable as
provided in Section 24-13-410.
(D) The director may not extend the benefits of this section
to a person convicted of a violent crime as defined in Section
16-1-60 unless all of the following persons recommend in writing
that the offender be allowed to participate in the furlough program
in the community where the offense was committed:
(1) in those cases where, as applicable, the victim of the
crime for which the offender is charged, or the relatives of the
victim who have applied for notification pursuant to the provisions
of Section 16-3-1530 if the victim has died;
(2) the law enforcement agency which employed the arresting
officer of the offender; and
(3) the solicitor in whose circuit the offender was
convicted."
SECTION 19. Section 24-3-410(B)(1) of the 1976 Code, as last
amended by Act 19 of 1991, is further amended to read:
"(1) articles manufactured or produced by persons on
parole or probation;"
SECTION 20. Section 24-13-210 of the 1976 Code, as last
amended by Section 437, Act 181 of 1993, is further amended to
read:
"Section 24-13-210. (a)(A) Each
A prisoner convicted of an offense against this State and
sentenced to the custody of the Department of Corrections including
those prisoners a prisoner serving time in a local
facility pursuant to a designated facilities agreement authorized by
Section 24-3-30, whose record of conduct shows that he has
faithfully observed all the rules of the institution wherein
where he is confined and has not been subjected to
punishment for misbehavior, is entitled to a deduction from the
term of his sentence beginning with the day on which the service of
his sentence commences to run, computed at the rate of
twenty three days for each month served.
However, no prisoner is entitled to a reduction below the
minimums provided in Section 24-13-150. When two or more
consecutive sentences are to be served, the aggregate of the several
sentences is the basis upon which the good behavior credit shall
be is computed.
(b)(B) Each A prisoner
convicted of an offense against this State and confined in a local
correctional facility, or upon the public works of any county in this
State, whose record of conduct shows that he has faithfully
observed all the rules of the institution wherein
where he is confined, and has not been subjected to
punishment for misbehavior, is entitled to a deduction from the
term of his sentence beginning with the day on which the service of
his sentence commences to run, computed at the rate of one day
for every two days three days for every month served.
However, no prisoner is entitled to a reduction below the
minimums provided in Section 24-13-150. When two or more
consecutive sentences are to be served, the aggregate of the several
sentences is the basis upon which good behavior credits must be
computed.
(c)(C) If, during the term of imprisonment, a
prisoner commits any an offense or violates
any one of the rules of the institution, all or
any part of his good conduct time may be forfeited at the
discretion of the Director of the Department of Corrections, if the
prisoner be is confined in facilities of the
department, or in the discretion of the local official having charge
of prisoners sentenced to terms of imprisonment at the local level.
The decision to withhold forfeited good conduct time is solely the
responsibility of officials named in this subsection.
(d) Any person who has served the term for which he has
been sentenced less deductions allowed therefrom for good conduct,
is considered upon release to have served the entire term for which
he was sentenced.
(D) Credits earned under this section may not be applied
in a manner which would prevent full participation in the
department's prerelease and community supervision
program."
SECTION 21. Section 24-13-230(a) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(a) The Director of the Department of Corrections may
allow any a prisoner in the custody of the
department, who is assigned to a productive duty assignment or
who is regularly enrolled and actively participating in an academic,
technical, or vocational training program, a reduction from the term
of his sentence of zero to one day for every two days
computed at the rate of six days for every month he is
employed or enrolled. However, no inmate serving the sentence of
life imprisonment is entitled to credits under this provision. A
maximum annual credit for both work credit and class credit is
limited to one hundred eighty seventy-two days.
However, no inmate is entitled to a reduction below the
minimums provided in Section 24-13-150. The amount of
credit to be earned for each duty classification or enrollment must
be determined by the director and published by him in a
conspicuous place available to inmates at each correctional
institution. No credits earned under this section may be applied in
a manner which would prevent full participation in the department's
prerelease and community supervision program."
SECTION 22. Section 24-13-1310(1) of the 1976 Code, as last
amended by Act 520 of 1992, is further amended to read:
"(1) `Eligible inmate' means a person committed to the
South Carolina Department of Corrections:
(a) who has not reached the age of thirty years at the time of
admission to the department;
(b) who is eligible for release on parole in two years or
less;
(c) who has not been convicted of a violent crime as
defined in Section 16-1-60;
(d)(c) who has not been incarcerated
previously in a state correctional facility or has not served a
sentence previously in a shock incarceration program;
(e)(d) who physically is able to participate in
the program;
(f)(e) whose sentence specifically does not
prohibit the offender from participating in the shock incarceration
program."
SECTION 23. Section 24-13-1320(B) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(B) For each reception center the commissioner
director shall appoint or cause to be appointed a shock
incarceration selection committee which must include at least one
representative of the Department of Probation, Parole, and
Pardon Services Community Supervision and which
shall meet on a regularly scheduled basis to review all applications
for a program."
SECTION 24. Section 24-13-1330 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 24-13-1330. (A) An eligible inmate may
make an application to the shock incarceration screening committee
for permission to participate in a shock incarceration program. If
the department has a victim witness notification request for an
eligible inmate who has made an application, it shall notify the
victim of the application. Upon order by the court, the
committee may consider an inmate for participation in the shock
incarceration program. (B) The committee shall
consider input received from law enforcement agencies, victims,
and others in making its decision for approval or disapproval of
participation. If the committee determines that an inmate's
participation in a program is consistent with the safety of the
community, the welfare of the applicant, and the regulations of the
department, the committee shall forward the application to the
director or his designee for approval or disapproval.
(C)(B) An applicant may not participate in a
program unless he agrees to be bound by all of its terms and
conditions and indicates this agreement by signing the following:
`I accept the foregoing program and agree to be bound by its
terms and conditions. I understand that my participation in the
program is a privilege that may be revoked at the sole discretion of
the director. I understand that I shall complete the entire program
successfully to obtain a certificate of earned eligibility upon the
completion of the program, and if I do not complete the program
successfully, for any reason, I will be transferred to a nonshock
incarceration correctional facility to continue service of my
sentence.'
(D)(C) An inmate who has completed a shock
incarceration program successfully is eligible to receive a certificate
of earned eligibility and must be granted parole release
released to community supervision for a period of two years,
notwithstanding the provisions of Section 24-21-560, and with the
requirement to pay restitution, if applicable.
(E)(D) Participation in a shock incarceration
program is a privilege. Nothing contained in this article confers
upon an inmate the right to participate or continue to participate in
a program."
SECTION 25. Section 24-13-1520(1) and (2) of the 1976 Code,
as last amended by Act 181 of 1993 and Act 508 of 1994, is further
amended to read:
"(1) `Department' means, in the case of a juvenile
offender, the Department of Juvenile Justice and, in the case of an
adult offender, the Department of Probation, Parole and
Pardon Services Community Supervision, the
Department of Corrections, and any other law enforcement agency
created by law.
(2) `Court' means a circuit, family, magistrate's, or municipal
court having criminal or juvenile jurisdiction to sentence an
individual to incarceration for a violation of law, the Department of
Probation, Parole and Pardon Services
Community Supervision, the Board of Juvenile Parole, and
the Department of Corrections."
SECTION 26. Section 24-13-1590(2) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(2) diminishes the lawful authority of the courts of this
State, the Department of Juvenile Justice, or the Department
of Probation, Parole and Pardon Services
Community Supervision to regulate or impose conditions
for probation or parole."
SECTION 27. Section 24-19-160 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 24-19-160. Nothing in this chapter shall
limit limits or affect affects the power
of any a court to suspend the imposition or
execution of any a sentence and place a youthful
offender on probation.
Nothing in this chapter shall may be construed to
amend, repeal, or affect the jurisdiction of the
Department of Probation, Parole, and Pardon
Services Board Community Supervision. For parole
purposes, a sentence pursuant to Section 24-19-50 (c) shall be
considered a sentence for six years."
SECTION 28. Section 24-21-10 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 24-21-10. (A) The Department of Probation,
Parole and Pardon Services Community
Supervision, hereafter referred to as the `department', is
governed by the director of Probation, Parole and Pardon
Services the department, hereafter referred to as the
`director'. The director must be appointed by the Governor
with the advice and consent of the Senate.
(B) The Board of Probation, Parole and Pardon Services
Pardons is composed of seven members. The terms of
office of the members are for six years and until their successors
are appointed and qualify. Six of the seven members must be
appointed from each of the congressional districts and one member
must be appointed at-large. 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. A chairman
must be elected annually by a majority of the membership of the
board. The chairman may serve consecutive terms."
SECTION 29. Section 24-21-13 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 24-21-13. (A) It is the duty of the director to
oversee, manage, and control the department. The director shall
develop written policies and procedures for the following:
(1) the supervising of offenders on probation, parole, and
other offenders released from incarceration prior to the
expiration of their sentence community supervision;
(2) the granting of paroles and pardons and the
supervision and removal of offenders on community supervision
and other offenders released from incarceration before the
expiration of their sentence. Community supervision is a form of
clemency which is decided administratively by the Department of
Probation and Community Supervision. No inmate or future inmate
shall have a `liberty interest' or an `expectancy of release' in
community supervision. There is no right to appeal the revocation
decision;
(3) the operation of community-based correctional 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.; and
(5) the development of additional work release programs and
the expansion of existing programs.
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, and pardon, and any other form of
clemency provided for under law."
SECTION 30. Section 24-21-30 of the 1976 Code is amended to
read:
"Section 24-21-30. All persons who commit a crime
after June 30, 1996, are not eligible for parole consideration. For
crimes committed before July 1, 1996, 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
such 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.
The board may grant parole to a violent offender by a
two-thirds majority vote of the full board. The board may grant
parole to an offender who committed a violent crime before June 3,
1986, by a majority vote. The board may grant parole to a
nonviolent offender by a unanimous vote of a three-member panel
or by a majority vote of the full board."
SECTION 31. Section 24-21-50 of the 1976 Code is amended to
read:
"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 any
a case for parole, or pardon or any
other form of clemency provided for under law."
SECTION 32. Section 24-21-60 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 24-21-60. Every 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, 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 the State Penitentiary, 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 33. Section 24-21-80 of the 1976 Code, as last
amended by Section 26, Part II, Act 164 of 1993, is further
amended to read:
"Section 24-21-80. Every person granted parole by the
board and every An adult placed on probation,
parole, or community supervision by a court of competent
jurisdiction 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 Probation and Community
Supervision 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 and each subsequent
anniversary for the duration of the supervision period. The
department shall remit from the fees collected an amount not to
exceed the regular supervision fees collected during fiscal year
1992-93 for credit to the State General Fund. All regular
supervision fees collected in excess of the fiscal year 1992-93
amount must be retained by the department, carried forward, and
applied to the department's operation. The payment of the fee must
be a condition of parole or probation, parole, or
community supervision and a delinquency of two months or
more in making payments may operate as a revocation of parole
or probation rendering the violator liable to serving out any
remaining part of his sentence, after determination by the board or
the court.
If a probationer is placed under intensive supervision by a court
of competent jurisdiction, or if the board
department places a parolee under intensive supervision,
or if an inmate who is participating in the Supervised
Furlough Program is placed community supervision
program under intensive supervision, the probationer,
parolee, or inmate 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 based upon
the ability of the person to pay. Fees derived from persons under
intensive supervision must be retained by the department, carried
forward, and applied to the department's operation. The
department may exempt any individual supervised by the
department 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 if the department determines 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 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 34. Section 24-21-220 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 24-21-220. The director shall be
is vested with the exclusive management and control of the
department and shall be is responsible for the
management of the department and for the proper care, treatment,
supervision, and management of offenders under its control. The
director shall manage and control the department and it shall
be is the duty of the director to carry out the policies
of the department. 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,
and 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 activities."
SECTION 35. Section 24-21-230 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 24-21-230. The director must employ such
probation agents as required for service in the State and
such clerical assistants as may be necessary.
Such The probation and parole agents must
take and pass such psychological and qualifying
examinations as directed by the director. The director must ensure
that each probation agent receives adequate training. Until
such the initial employment requirements are met,
no person may take the oath of a probation agent nor exercise the
authority granted thereto to them."
SECTION 36. Section 24-21-280 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 24-21-280. 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, or
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 to aid and encourage
persons on probation, or parole, or community
supervision to bring about improvement in their conduct and
condition. A probation agent must keep detailed records of his
work, make reports in writing, and perform other duties as the
director may require. A probation agent must have, 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. In the performance of his
duties of probation, and parole, and community
supervision, and investigation and supervision, he is
regarded as the official representative of the court,
and the department, and the board."
SECTION 37. Section 24-21-300 of the 1976 Code is amended
to read:
"Section 24-21-300. At any time during a period of
supervision, a probation and parole agent, instead of issuing
a warrant, may issue a written citation and affidavit setting forth
that the probationer, parolee, or community supervision
releasee, or any a person released or furloughed
under the Prison Overcrowding Powers 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, 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 probationer's, parolee's, or released or
furloughed 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
and parole agent. 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 38. Section 24-21-910 of the 1976 Code is amended
to read:
"Section 24-21-910. The Probation, Parole, and Pardon
Services Board of Pardons 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
such the petitions. The Governor may or may not
adopt such 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 such petition
without reference to the board."
SECTION 39. Section 24-21-950 of the 1976 Code is amended
to read:
"Section 24-21-950. (A) The following
guidelines shall must be utilized by the board when
determining when an individual is eligible for pardon consideration.
A.(1) Probationers shall must
be considered upon the request of the individual anytime after
discharge from supervision.
B. Persons discharged from a sentence without benefit of
parole shall be considered upon the request of the individual
anytime after the date of discharge.
C. Parolees shall 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, shall be considered
for pardon upon the request of the individual anytime after the date
of discharge.
D. An inmate shall be considered for pardon prior to parole
eligibility date only when he can produce evidence comprising the
most extraordinary circumstances.
E.(2) The victim of a crime or any
a member of a convicted person's family living within this
State may petition for a pardon for any a person
who is no longer an inmate or a probationer.
(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 40. Section 24-23-20 of the 1976 Code is amended to
read:
"Section 24-23-20. The case classification plan
shall must provide for case classification system
consisting of the following:
(a)(1) supervisory control requirements which
include, but are not limited to, restrictions on the
probationer/parolee's movement in the community, living
arrangements, social associations, and reporting
requirements;
(b)(2) rehabilitation needs of
probationer/parolee including, but not limited to,
employment, education, training, alcohol and drug treatment,
counseling and guidance with regard to alcohol and drug abuse,
psychological or emotional problems, or handicaps;
(c)(3) categorization of the offender as to the
extent and type of staff time needed, possible assignment to
specialized caseload or treatment programs, and specifics as to the
degree of perceived risk posed by the probationer/parolee;
(d)(4) identification of strategies and resources
to meet the identified needs, and specific objectives for the
probationer/parolee to strive to meet such as obtaining
employment, participating in a counseling program, and securing
better living arrangements;
(e)(5) periodic and systematic review of cases to
assess the adequacy of supervisory controls, participation in
rehabilitation programs, and need for recategorization based upon
the behavior and progress of the probationer/parolee; and
(f)(6) regular statewide monitoring and
evaluation of the case classification by appropriate supervisory,
classification, and program development/ and
evaluation staff in the central administrative office."
SECTION 41. Section 24-23-30 of the 1976 Code is amended to
read:
"Section 24-23-30. The community corrections plan
shall must include, but is not
be limited to, describing the following
community-based program needs:
(a)(1) an intensive supervision program for
probationers and parolees supervised prisoners who
require more than average supervision;
(b)(2) a supervised inmate furlough or
community supervision program whereby inmates under the
jurisdiction of the Department of Corrections can be
administratively transferred to the supervision of state probation
and parole agents for the purposes of prerelease preparation,
securing employment and living arrangements, or obtaining
rehabilitation services;
(c)(3) a contract rehabilitation services program
whereby private and public agencies, such as the Department of
Vocational Rehabilitation and the Department of Mental
Health and the various county commissions on alcohol and drug
abuse, provide diagnostic and rehabilitative services to offenders
who are under the board's jurisdiction;
(d)(4) community-based residential programs
whereby public and private agencies as well as the board establish
and operate halfway houses for those offenders who cannot perform
satisfactorily on probation or parole community
supervision;
(e)(5) expanded use of presentence investigations
and their role and potential for increasing the use of
community-based programs, restitution, and victim
assistance; and
(f)(6) identification of programs for youthful and
first offenders."
SECTION 42. Section 24-23-40 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 24-23-40. The community corrections plan shall
provide for the department's:
(a)(1) The department's development,
implementation, monitoring, and evaluation of statewide
policies, procedures, and agreements with state agencies,
such as the Departments Department of Vocational
Rehabilitation, the Department of Mental Health, and the
Department of Alcohol and Other Drug Abuse Services, for
purposes of coordination and referral of probationers,
and parolees, and community supervision releasees
for rehabilitation services.
(b)(2) The department's development of
specific guidelines for the vigorous monitoring of restitution orders
and fines to increase the efficiency of collection and development
of a systematic reporting system so as to notify the judiciary of
restitution and fine payment failures on a regular basis.
(c)(3) The department's development of a
program development and evaluation capability so that the
department can monitor and evaluate the effectiveness of the above
programs as well as to conduct research and special studies on such
issues as parole outcomes, revocations and recidivism.
(d)(4) The department's development of
adequate training and staff development for its employees."
SECTION 43. The second paragraph of Section 24-23-115 of the
1976 Code, as last amended by Act 181 of 1993, is further
amended to read:
"The Department of Probation, Parole and
Pardon Services Community Supervision shall
establish by regulation pursuant to the Administrative Procedures
Act a definition of the term `public service work', and a mechanism
for supervision of persons performing public service work."
SECTION 44. Section 24-23-130 of the 1976 Code, as last
amended by Act 134 of 1991, is further amended to read:
"Section 24-23-130. Upon the satisfactory fulfillment of
the conditions of probation or community supervision
for a period of two years, the court may, with the
recommendation of the agent in charge of the responsible county
probation office, may terminate the probationer or
supervised prisoner from supervision."
SECTION 45. The second paragraph of Section 24-23-220 of the
1976 Code, as last amended by Act 181 of 1993, is further
amended to read:
"Assessments imposed as a condition of supervision upon
release from prison as specified in Section 24-23-210 must be
collected by the supervising agent who shall transmit those funds to
the Department of Probation, Parole and Pardon
Services Community Supervision where it must be
deposited in to the State treasury
Treasurer. The county treasurer, after duly noting and
recording the receipt of the payments, shall transfer those funds to
the State Treasurer who shall deposit them in the state's general
fund. Assessments collected by municipal courts must be paid
monthly to the municipal financial officer who, after duly noting
and recording the receipt of the payments, shall transfer those funds
to the State Treasurer as provided in this section. From these
funds, an amount equal to one-half of the amount deposited in
fiscal year 1986-87 must be appropriated to the department for the
purpose of developing and operating community corrections
programs. The remainder of the funds must be deposited in the
Victim's Compensation Fund. The director shall monitor the
collection and reporting of these assessments imposed as a condition
of supervision and assure that they are duly transferred
properly to the State Treasurer."
SECTION 46. Article 7 of Chapter 21 of Title 24, Sections
24-1-200, 24-3-40, 24-3-50, 24-13-60, 24-13-270, 24-13-710, and
24-13-720 of the 1976 Code are repealed.
SECTION 47. The Code Commissioner shall delete as funds are
available all references in the Code of Laws of South Carolina,
1976, to parole except those references under the Uniform Act for
Out-of-State Parolee Supervision contained in Article 9, Chapter 21,
Title 24 and to change all references in the Code of Laws of South
Carolina, 1976, to the "Board of Probation, Parole, and
Pardon Services" and the "Probation, Parole, and Pardon
Board" or to the "Department of Probation, Parole and
Pardon Services" and the "Department of Probation,
Pardon and Parole" to the "Board of Pardons" and
the "Department of Probation and Community
Supervision" respectively.
SECTION 48. Upon approval by the Governor, this act takes
effect July 1, 1996, and applies to all crimes committed on or after
that date.
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