H 3238 Session 111 (1995-1996)
H 3238 General Bill, By House Judiciary
Similar(H 4401)
A Bill to provide for truth-in-sentencing.-short title
01/12/95 House Introduced, read first time, placed on calendar
without reference HJ-27
01/18/95 House Amended HJ-37
01/18/95 House Objection by Rep. Huff, Scott, Haskins, Meacham,
Tripp, Marchbanks, Fair, Neal, Howard &
Herdklotz HJ-40
01/18/95 House Objection withdrawn by Rep. Scott, Neal & Howard HJ-40
01/18/95 House Read second time HJ-71
01/18/95 House Roll call Yeas-116 Nays-0 HJ-71
01/19/95 House Read third time and sent to Senate HJ-16
01/24/95 Senate Introduced and read first time SJ-29
01/24/95 Senate Referred to Committee on Judiciary SJ-36
05/01/95 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-31
01/10/96 Senate Recommitted to Committee on Judiciary SJ-36
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 1, 1995
H. 3238
Introduced by Judiciary Committee
S. Printed 5/1/95--S.
Read the first time January 24, 1995.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 3238), to amend the Code of
Laws of South Carolina, 1976, by adding Section 24-3-345 so as to
allow local governments, school districts, and charitable
organizations to use inmates to perform construction, etc.,
respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 8, beginning on line 30,
by striking SECTION 1 in its entirety and inserting therein the
following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 24-13-100. As used in this article, a `community
supervision offense' means:
16-1-40 Accessory, for any offense enumerated in this
section
16-1-80 Attempt, for any offense enumerated in this
section
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85(B)(1) Homicide by child abuse
16-3-85(B)(2) Aiding and abetting homicide by child abuse
16-3-210 Lynching, First degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors
16-3-656 Assault with intent to commit criminal sexual
conduct, First and Second degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-11-110(A) Arson, First degree
16-11-311 Burglary, First degree
16-11-330(A) Armed robbery
16-11-330(B) Attempted armed robbery
16-11-540 Damaging or destroying building, vehicle, or
other property by means of explosive
incendiary, death results
25-7-30 Giving information respecting national or state
defense to foreign contacts during war
25-7-40 Gathering information for an enemy
44-53-370 Prohibited Acts A, penalties
(b)(1) (narcotic drugs in Schedules I(b) and (c), LSD,
and Schedule II)
Second, third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(b)(2) (manufacture or possession of other substances
in Schedule I,II, III, with intent to intent to
distribute)
Second, third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(b)(3) (manufacture or possession of Schedule IV
drugs with intent to distribute)
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(b)(4) (manufacture or possession of Schedule V drugs
with intent to distribute)
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(a)2 (trafficking - marijuana, 10 - 99.99 pounds)
Second offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(a)3 (trafficking - marijuana, 10 - 99.99 pounds)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(b) (trafficking - marijuana, 100 - 1,999.99 pounds)
44-53-370 Prohibited Acts A, penalties
(e)(1)(c) trafficking - marijuana, 2000 - 9,999.99 pounds)
44-53-370 Prohibited Acts A, penalties
(e)(1)(d) (trafficking - marijuana, 10,000 pounds of
marijuana or more)
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)2 (trafficking - cocaine, 10 - 27.99 grams)
Second offense
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)3 (trafficking - cocaine, 10 - 27.99 grams)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(2)(b)1 (trafficking - cocaine, 28 - 99.99 grams)
First offense
44-53-370 Prohibited Acts A, penalties
(e)(2)(b)2 (trafficking - cocaine, 28 - 99.99 grams)
Second offense
44-53-370 Prohibited Acts A, penalties
(e)(2)(b)3 (trafficking - cocaine, 28 - 99.99 grams)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(2)(c) (trafficking - cocaine, 100 - 199.99 grams)
44-53-370 Prohibited Acts A, penalties
(e)(2)(d) (trafficking - cocaine, 200 - 399.99 grams)
44-53-370 Prohibited Acts A, penalties
(e)(2)(e) (trafficking - cocaine, 400 grams or more)
44-53-370 Prohibited Acts A, penalties
(e)(3)(a)1 (trafficking - illegal drugs, 4 - 13.99 grams)
First offense
44-53-370 Prohibited Acts A, penalties
(e)(3)(a)2 (trafficking - illegal drugs, 4 - 13.99 grams)
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(3)(b) (trafficking - illegal drugs, 14 - 27.99 grams)
44-53-370 Prohibited Acts A, penalties
(e)(3)(c) (trafficking - illegal drugs, 28 grams or more)
44-53-370 Prohibited Acts A, penalties
(e)(4)(a)2 (trafficking - methaqualone, 15 - 149.99 grams)
Second offense
44-53-370 Prohibited Acts A, penalties
(e)(4)(b) (trafficking - methaqualone, 150 - 1,499.99
grams)
44-53-370 Prohibited Acts A, penalties
(e)(4)(c) (trafficking - methaqualone, possession of 1,500
grams, but less than 15 kilograms)
44-53-370 Prohibited Acts A, penalties
(e)(4)(d) (trafficking - methaqualone, 15 kilograms or
more)
44-53-370 Prohibited Acts, penalties
(e)(5)(a)2 (trafficking - LSD, 100 - 499.99 dosage units)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(5)(a)3 (trafficking - LSD, 100 - 499.99 dosage units)
Third or subsequent offense
44-53-370 Prohibited Acts, penalties
(e)(5)(b)1 (trafficking - LSD, 500 - 999.99 dosage units)
First offense
44-53-370 Prohibited Acts, penalties
(e)(5)(b)2 (trafficking - LSD, 500 - 999.99 dosage units)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(5)(b)3 (trafficking - LSD, 500 - 999.99 dosage units)
Third or subsequent offense
44-53-370 Prohibited Acts, penalties
(e)(5)(c) (trafficking - LSD, 1,000 dosage units or more)
44-53-375 Manufacture, distribution, etc., ice, crank, or
crack cocaine
(B)(2) Second offense
44-53-375 Manufacture, distribution, etc., ice, crank, or
crack cocaine
(B)(3) Third or subsequent offense
44-53-375 Trafficking in ice, crank, or crack cocaine (10 -
27.99 grams)
(C)(1)(b) Second offense
44-53-375 Trafficking in ice, crank, or crack cocaine (10 -
27.99 grams)
(C)(1)(c) Third or subsequent offense
44-53-375 Trafficking in ice, crank, or crack cocaine (28 -
99.99 grams)
(C)(2)(a) First offense
44-53-375 Trafficking in ice, crank, or crack cocaine (28 -
99.99 grams)
(C)(2)(b) Second offense
44-53-375 Trafficking in ice, crank, or crack cocaine (28 -
99.99 grams)
(C)(2)(c) Third or subsequent offense
44-53-375 Trafficking in ice, crank, or crack cocaine
(C)(3) (100 - 199.99 grams)
44-53-375 Trafficking in ice, crank, or crack cocaine (200 (C)(4) - 399.99
grams)
44-53-375 Trafficking in ice, crank, or crack cocaine
(C)(5) (400 grams or more)
55-1-30 Unlawful removing or damaging of airport
(3) facility or equipment when death results
56-5-1030 Interference with traffic-control devices or
(B)(3) railroad signs or signals prohibited when death
results from violation
58-17-4090 Obstruction of railroad, death results."/.
Amend the bill further, as and if amended, page 9, beginning on
line 15, by striking SECTION 2 in its entirety and inserting therein
the following:
/SECTION 2. The 1976 Code is amended by adding:
"Section 24-13-125. (A) No prisoner convicted of a
`community supervision 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 facility
agreement authorized by Section 24-3-20, is eligible for work
release until the prisoner has served not less than eighty percent of
the actual term of imprisonment imposed. This percentage must be
calculated without the application of earned work credits, education
credits, or good conduct credits, and is to be applied to the actual
term of imprisonment imposed, not including any portion of the
sentence which has been suspended. Nothing in this section may be
construed to allow a prisoner convicted of murder or a prisoner
prohibited from participating in work release by another provision
of law to be eligible for work release.
(B) If a prisoner confined in a facility of the department
commits an offense or violates one of the rules of the institution
during his term of imprisonment, all or part of the credit he has
earned may be forfeited in the discretion of the Director of the
Department of Corrections. If a prisoner confined in a local
correctional facility pursuant to a designated facility agreement
commits an offense or violates one of the rules of the institution
during his term of imprisonment, all or part of the credit he has
earned may be forfeited in the discretion of the local official having
charge of the prisoner. The decision to withhold credits is solely
the responsibility of officials named in this subsection."/.
Amend the bill further, as and if amended, page 10, beginning on
line 5, by striking SECTION 3 in its entirety and inserting therein
the following:
/SECTION 3. The 1976 Code is amended by adding:
"Section 24-13-150. (A) A prisoner convicted of a
`community supervision 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 facility
agreement authorized by Section 24-3-20, is not eligible for early
release, discharge, or community supervision as provided in Section
24-13-560, until the prisoner has served at least eighty-five percent
of the actual term of imprisonment imposed. This percentage must
be calculated without the application of earned work credits,
education credits, or good conduct credits, and is to be applied to
the actual term of imprisonment imposed, not including any portion
of the sentence which has been suspended. Nothing in this section
may be construed to allow a prisoner convicted of murder or a
prisoner prohibited from participating in work release by another
provision of law to be eligible for work release.
(B) If a prisoner confined in a facility of the department
commits an offense or violates one of the rules of the institution
during his term of imprisonment, all or part of the credit he has
earned may be forfeited in the discretion of the Director of the
Department of Corrections. If a prisoner confined in a local
correctional facility pursuant to a designated facility agreement
commits an offense or violates one of the rules of the institution
during his term of imprisonment, all or part of the credit he has
earned may be forfeited in the discretion of the local official having
charge of the prisoner. The decision to withhold credits is solely
the responsibility of officials named in this subsection."/.
Amend the bill further, as and if amended, page 10, line 39, in
Section 24-13-175, as contained in SECTION 4, by striking the
work /another/ and inserting therein the words: /any other/.
Amend the bill further, as and if amended, page 11, line 1, by
striking SECTION 5 in its entirely and inserting therein the
following:
/SECTION 5. The 1976 Code is amended by adding:
"Section 24-21-560. (A) Notwithstanding any other
provision of law, except in cases in which the death penalty or a
term of life imprisonment is imposed, any sentence for a
`community supervision 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 of
Probation, Parole and Pardon Services. No prisoner who is serving
a sentence for a `community supervision 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 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. A prisoner participating in a community
supervision program must be supervised by a probation agent of the
department. The department 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 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 pursuant to subsection (B) when he is released from
incarceration. A prisoner who is sentenced for successive
revocations of the community supervision program may not be
required to serve, in addition to the actual term of incarceration,
terms of incarceration for successive revocations and periods of
community supervision for successive revocations which, in the
aggregate, exceed the original term of incarceration imposed for the
`community supervision offense'. The actual term of imprisonment
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
of Probation, Parole and Pardon Services of the projected release
date of any inmate serving a sentence for a `community supervision
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 of Probation, Parole and Pardon
Services.
(G) Victims registered pursuant to Section 16-3-1530(c) and the
sheriff's office in the county where a prisoner sentenced for a
`community supervision offense' is to be released must be notified
by the Department of Probation, Parole and Pardon Services when
the prisoner is released to a community supervision
program."/
Amend the bill further, as and if amended, page 12, beginning on
line 8, by striking SECTION 6 in its entirety and inserting therein
the following:
/SECTION 6. 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
and Pardon Services/.
Amend the bill further, as and if amended, page 12, beginning on
line 14, by striking SECTION 7 in its entirety and inserting therein
the following:
/SECTION 7. 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
and Pardon Services created pursuant to Section 1-30-85 by
the director of the former Department of Probation, Pardon and
Parole;"/.
Amend the bill further, as and if amended, page 12, line 31, in
Section 1-30-85, as contained in SECTION 8, by striking line 31
and inserting therein the following:
/Department of Probation, Pardon and Parole and
Pardon Services:/.
Amend the bill further, as and if amended, page 12, beginning on
line 38, in Section 16-3-20(A), as contained in SECTION 9, by
striking Section 16-3-20(A) in its entirety and inserting therein the
following:
/"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 term of imprisonment
for thirty years. If the State seeks the death penalty and
an a statutory 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 trial judge must impose a sentence
of life imprisonment without eligibility for parole until the
service of thirty years. For purposes of this section, `life'
means until death of the defendant. No person sentenced to life
imprisonment pursuant to this section is eligible for parole,
community supervision, or any early release program, nor is the
person eligible to receive any work credits, education credits, good
conduct credits, or any other credits that would reduce the
mandatory life imprisonment required by this section. No person
sentenced to a mandatory minimum term of imprisonment for thirty
years pursuant to this section is eligible for parole or any early
release program, nor is the person eligible to receive any work
credits, education credits, good conduct credits, or any other credits
that would reduce the mandatory minimum term of imprisonment
for thirty years required by this section. Provided, further,
that under Under no circumstances may a female who
is pregnant with child be executed so long as she is in
that condition pregnant or for a period of at least nine
months after she is no longer pregnant. When the Governor
commutes a sentence of death to life imprisonment under
the provisions of Section 14 of Article IV of the Constitution of
South Carolina, 1895, the commutee is not eligible for parole,
community supervision, or any early release program, nor is
the No person sentenced under the provisions of this
subsection may eligible to receive any work
release credits, good time conduct credits,
education credits, or any other credit
credits that would reduce the mandatory imprisonment
required by this subsection./.
Amend the bill further, as and if amended, page 13, line 19, in
Section 16-3-20(B), as contained in SECTION 9, by striking
/of/ and inserting therein the following: /term of
imprisonment for/.
Amend the bill further, as and if amended, page 14, beginning on
line 13, in Section 16-3-20(C)(a)(1), as contained in SECTION 9,
by deleting lines 13 and 14 and inserting therein the following:
/44-53-375(B), 44-53-440, or 44-53-445; or
(h) physical torture.; or
(i) dismemberment of a person./
Amend the bill further, as and if amended, page 15, beginning on
line 37, in Section 16-3-20(C), as contained in SECTION 9, by
striking lines 37 and 38 and inserting therein the following:
/found beyond a reasonable doubt. In nonjury cases the judge
shall make such the designation of the statutory
aggravating circumstance or circumstances. Unless at least one
of the statutory/.
Amend the bill further, as and if amended, page 16, line 26, in
Section 16-3-20(C), as contained in SECTION 9, by striking line 26
and inserting therein the following:
/mandatory minimum term of imprisonment for thirty years.
No person sentenced to life imprisonment or a mandatory minimum
term of imprisonment for thirty years under this section is eligible
for parole or to receive any work credits, good conduct credits,
education credits, or any other credits that would reduce the
sentence required by this section. If the jury has found a
statutory/.
Amend the bill further, as and if amended, page 17, beginning on
line 13, in Section 16-3-625, as contained in SECTION 10, by
striking lines 13 through 20 and inserting therein the following:
/be punished by imprisonment for not more than ten nor less than
two years. No sentence imposed hereunder for a first offense shall
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 under this section for a second or subsequent
offense shall have such the sentence suspended to
less than two years nor shall such the person be
eligible for parole until after service of two years./.
Amend the bill further, as and if amended, page 17, beginning on
line 39, by striking SECTION 12 in its entirety and inserting
therein the following:
/SECTION 12. 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 Probation, Parole and
Community Corrections Pardon Services shall also
have the right to make payment of the debt or a portion of the debt
to the State a condition of parole or community supervision.
(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) 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, Department of
Juvenile Justice, the South Carolina Office of Court
Administration, the Department of Probation, Parole and Pardon
Services, and the South Carolina Board of Probation,
Parole and Community Corrections Pardon Services
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) 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."/.
Amend the bill further, as and if amended, page 19, beginning on
line 1, by striking SECTION 13 in its entirety and inserting therein
the following:
/SECTION 13. The first paragraph of Section 16-3-1530(C) of
the 1976 Code is amended to read:
"Victims and witnesses A victim or witness
who wish wishes to receive notification and
information shall provide the solicitor, the Department of
Corrections, and the Department of Probation, Parole and Pardon
Services their his current address and telephone
number. This information, as it is contained in Department of
Corrections and Department of Probation, Parole and Pardon
Services 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 and the
Department of Corrections."/.
Amend the bill further, as and if amended, page 20, beginning on
line 10, in Section 16-3-1550(B), as contained in SECTION 15, by
striking lines 10 through 12 in their entirety and inserting therein
the following:
/Notification Requests to the Department of Corrections, the
Department of Probation, Parole and Pardon Services, and to
the Probation, Parole and Community Corrections
Pardon Services Board. Solicitors shall begin using these
victim/.
Amend the bill further, as and if amended, page 21, beginning on
line 1, by striking SECTION 17 in its entirety and inserting therein
the following:
/SECTION 17. Section 17-25-45 of the 1976 Code is amended
to read:
"Section 17-25-45. (1)A. Notwithstanding any other
provision of law, any person who has three convictions under the
laws of this State, any other state, or the United States, for a violent
crime as defined in Section 16-1-60 except a crime for which a
sentence of death has been imposed shall, upon the third conviction
in this State for such crime, be sentenced to life imprisonment
without parole.
B. For the purpose of this section only, a conviction is
considered a prior conviction only if the date of the commission of
the second or subsequent crime occurred subsequent to the
imposition of the sentence for that prior offense.
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) The decision to invoke sentencing under subsection (1) shall
be in the discretion of the solicitor.
(A) Notwithstanding any other provision of law, except in
cases in which the death penalty is imposed, upon a conviction for
a most serious offense as defined by this section, a person must be
sentenced to a term of imprisonment for life without the possibility
of parole if that person has one or more prior convictions for:
(1) a most serious offense;
(2) a federal or out-of-state conviction for an offense that
would be classified as a most serious offense under this section; or
(3) any combination of the offenses listed in items (1) and (2)
above.
(B) Notwithstanding any other provision of law, except in cases
in which the death penalty is imposed, upon a conviction for a
serious offense as defined by this section, a person must be
sentenced to a term of imprisonment for life without the possibility
of parole if that person has two or more prior convictions for:
(1) a serious offense;
(2) a most serious offense;
(3) a federal or out-of-state offense that would be classified
as a serious offense or most serious offense under this section; or
(4) any combination of the offenses listed in items (1), (2),
and (3) above.
(C) As used in this section:
(1) `Most serious offense' means:
16-1-40 Accessory, for any offense enumerated in this
item
16-1-80 Attempt, for any offense enumerated in this
item
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85 Homicide by child abuse
(B)(1)
16-3-85 Aiding and abetting homicide by child
abuse
(B)(2)
16-3-210 Lynching, First degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors
16-3-656 Assault with intent to commit criminal sexual
conduct, First and Second degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-11-110 Arson, First degree
(A)
16-11-311 Burglary, First degree
16-11-330 Armed robbery
(A)
16-11-330 Attempted armed robbery
(B)
16-11-540 Damaging or destroying building,
vehicle, or other property by means of
explosive incendiary, death results
25-7-30 Giving information respecting national or
state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
55-1-30 Unlawful removing or damaging of airport (3) facility
or equipment when death results
56-5-1030 Interference with traffic-control devices or (B)(3) railroad
signs or signals prohibited when death
results from violation
58-17-4090 Obstruction of railroad, death results.
(2) `Serious offense' means:
(a) those felonies enumerated in Section 16-1-90(A) which
are not referenced in subsection (C)(1);
(b) those felonies enumerated as follows:
12-7-2750 Tax evasion
16-3-220 Lynching, second degree
16-3-810 Engaging child for sexual performance
16-9-210 Giving or offering bribes to officers
16-9-220 Acceptance of bribes by officers
16-9-230 Acceptance of rebates or extra compensation
16-9-260 Corrupting jurors, arbitrators, umpires or
referees
16-9-270 Acceptance of bribes by jurors, arbitrators,
umpires or referees
16-9-290 Accepting bribes for purpose of procuring
public office
16-11-312 Burglary, Second degree
(B)
16-13-210 Embezzlement of public funds
(1)
16-13-230 Breach of trust with fraudulent intent
(B)(3)
16-13-240 Obtaining signature or property by false (1)
pretenses
38-55-540 Insurance fraud
(3)
44-53-370 Trafficking in controlled substances
(e)
44-53-375 Trafficking in ice, crank, or crack cocaine
(C)
44-53-445 Distribute, sell, manufacture, or possess
(B)(1) & (2) with intent to distribute controlled
substances within proximity of
school
56-5-2945(c) Causing death by operating
vehicle while under influence of drugs
or alcohol; and the offenses
enumerated below:
16-1-40 Accessory before the fact for any of the
offenses listed in subitems (a) and (b)
16-1-80 Attempt to commit any of the offenses listed
in subitems (a) and (b).
(3) `Conviction' means any conviction, guilty plea, or plea of
nolo contendere.
(D) No person sentenced pursuant to this section shall be eligible
for early release or discharge in any form, whether by parole, work
release, release to ameliorate prison overcrowding, or any other
early release program, nor shall they be eligible for earned work
credits, education credits, good conduct credits, or any similar
program for early release.
(E) For the purpose of this section only, a person sentenced
pursuant to this section may be paroled if:
(1) the Department of Corrections requests the Department of
Probation, Parole and Pardon Services to consider the person for
parole; and
(2) the Department of Probation, Parole and Pardon Services
determines that due to the person's health or age he is no longer a
threat to society; and
(a) the person has served at least thirty years of the
sentence imposed pursuant to this section and has reached at least
sixty-five years of age; or
(b) the person has served at least twenty years of the
sentence imposed pursuant to this section and has reached at least
seventy years of age; or
(c) the person is afflicted with a terminal illness where life
expectancy is one year or less; or
(d) the person can produce evidence comprising the most
extraordinary circumstances.
(F) For the purpose of determining a conviction under this
section only, where a person is convicted for multiple offenses
which were committed during a single chain of circumstances or a
single course of conduct or connected transactions or times so
closely connected in point of time that they may be considered as
one offense, such multiple convictions must be treated as one
conviction."/.
Amend the bill further, as and if amended, page 21, beginning on
line 26, by striking SECTION 18 in its entirety and inserting
therein the following:
/SECTION 18. 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.
(b)(B) When the director determines 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.
The department shall notify victims registered pursuant to
Section 16-3-1530(c) and the trial judge, solicitor, and sheriff of the
county where the offense occurred before releasing inmates on work
release. The department shall have the authority to deny release
based upon opinions received from these persons, if any, as to the
suitability of the release.
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,; committing or committing or
attempting a lewd act on a child,; engaging a
child for sexual performance,; or spousal sexual
battery. No prisoner who is serving a sentence for a
`community supervision offense' as defined in Section 24-13-100
and who is otherwise eligible for work release shall have his place
of confinement extended until he has served the minimum period of
incarceration as set forth in Section 24-13-125.
(c)(C) Notwithstanding the provisions of
Section 24-3-10 or any other provisions
provision 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 Department of Corrections
The department 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 department 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) Notwithstanding Section
24-13-125, The the Department of
Corrections department may establish a restitution
program for the purpose of allowing persons convicted of
nonviolent offenses who are sentenced to the State Department
of Corrections department 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 department 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
department in the administration of the restitution
program."/.
Amend the bill further, as and if amended, page 23, beginning on
line 31, by striking SECTION 20 in its entirety and inserting
therein the following:
/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,
except a `community supervision offense' as defined in Section 24-13-100, 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 facility 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 days
for each month served. When two or more consecutive sentences
are to be served, the aggregate of the several sentences is the basis
upon which the good behavior conduct credit
shall be is computed.
(B) A prisoner convicted of a `community supervision
offense' against this State as defined in Section 24-13-100 and
sentenced to the custody of the Department of Corrections,
including a prisoner serving time in a local facility pursuant to a
designated facility agreement authorized by Section 24-3-30, whose
record of conduct shows that he has faithfully observed all the rules
of the institution 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 three days
for each month served. However, no prisoner convicted of a
`community supervision offense' is entitled to a reduction below the
minimum term of incarceration provided in Section 24-13-125 or
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 conduct credit is computed.
(b)(C) 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 served. When two or more consecutive sentences
are to be served, the aggregate of the several sentences is the basis
upon which good behavior conduct credits must be
computed.
(c)(D) If, during the term of
imprisonment, a prisoner confined in a facility of the
department commits any an offense or violates
any one of the rules of the institution during his
term of imprisonment, all or any part of his
the good conduct time credit he has earned
may be forfeited at in the discretion of the Director
of the Department of Corrections, if the. If a
prisoner be confined in facilities of the department,
or a local correctional facility pursuant to a designated
facility agreement commits an offense or violates one of the rules
of the institution during his term of imprisonment, all or part of the
good conduct credit he has earned may be forfeited in the
discretion of the local official having charge of prisoners
sentenced to terms of imprisonment at the local level the
prisoner. The decision to withhold forfeited good conduct time
is solely the responsibility of officials named in this subsection.
(d)(E) Any person who has served the term
of imprisonment 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 unless the person is required to complete a
community supervision program pursuant to Section 24-21-560. If
the person is required to complete a community supervision
program, he must complete his sentence as provided in Section 24-21-560 prior to discharge
from the criminal justice system.
(F) No credits earned pursuant to this section may be applied
in a manner which would prevent full participation in the
Department of Probation, Parole and Pardon Services' prerelease or
community supervision program as provided in Section 24-21-560."/.
Amend the bill further, as and if amended, page 24, line 34,
by inserting after /program."/ an appropriately
numbered SECTION to read:
/SECTION __. Section 24-13-220 of the 1976 Code is amended
to read:
"Section 24-13-220. The provisions of Section 24-13-210
shall also apply to persons whose sentences have has been
commuted, and in computing the time to be credited on the
sentence as commuted the basis shall be on the record of the
prisoner from the date of commutation. And when a sentence has
been imposed and a portion thereof suspended, when a
portion of a sentence which has been imposed is suspended.
Credits earned time off for good behavior
conduct shall be deducted from and computed on the time
the person is actually required to serve and the suspended sentence
shall begin on the date of his release from servitude as herein
provided."/.
Amend the bill further, as and if amended, page 24, beginning on
line 35, by striking SECTION 21 in its entirety and inserting
therein the following:
/SECTION 21. Section 24-13-230 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
Section 24-13-230. (a) (A) The Director of the
Department of Corrections may allow any prisoner in the custody of
the department, except a prisoner convicted of a `community
supervision offense' as defined in Section 24-13-100, 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 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
education credit is limited to one hundred eighty days.
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 program.
(B) The Director of the Department of Corrections may allow
a prisoner in the custody of the department serving a sentence for a
`community supervision offense' as defined in Section 24-13-100,
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 six days for every month he is employed or enrolled.
However, no inmate serving a sentence for life imprisonment or a
mandatory minimum term of imprisonment for thirty years pursuant
to Section 16-3-20 is entitled to credits under this provision. No
prisoner convicted of a `community supervision offense' is entitled
to a reduction below the minimum term of incarceration provided in
Section 24-13-150. A maximum annual credit for both work credit
and education credit is limited to seventy-two days.
(C) No credits earned pursuant to this section may be applied in
a manner which would prevent full participation in the Department
of Probation, Parole and Pardon Services' prerelease or community
supervision program as provided in Section 24-21-560.
(D) 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.
(b) (E) The official in charge of a local
detention or correctional facility in which persons convicted of
offenses against the State serve sentences of confinement shall
allow any inmate serving such a sentence in the custody of the
facility who is assigned to a mandatory productive duty assignment
a reduction from the term of his sentence of zero to one day for
every two days so employed. The amount of credit to be earned
for each duty classification must be determined by the official in
charge of the local detention or correctional facility and published
by him in a conspicuous place available to inmates.
(c) (F)(1) An individual is only eligible for the
educational credits provided for in this section, upon successful
participation in an academic, technical, or vocational training
program.
(2) The educational credit provided for in this section, is not
available to any individual convicted of a violent crime as defined
in Section 16-1-60.
(d)(G) The South Carolina Department of
Corrections may not pay any tuition for college courses."/.
Amend the bill further, as and if amended, page 25, line 13, by
inserting after /24-13-560."/ appropriately numbered
SECTIONS to read:
/SECTION . Section 24-13-610 of the 1976 Code is
amended to read:
"Section 24-13-610. The Department of Corrections
(department) may establish an extended work release program. The
program may allow the exceptional regular work release resident,
male or female, convicted of a first and not more than a second
offense, the opportunity of extended work release placement in the
community with the privilege of residing with an approved
community sponsor and continuing employment in the community;
provided, that no person convicted of murder, or
criminal sexual conduct in the first or second degree, a
`community supervision offense' as defined in Section 24-13-100
which was committed on or after July 1, 1995, or any other offense
which is prohibited by another provision of law, may
participate in this extended work release program."
SECTION . Section 24-13-650 of the 1976 Code is
amended to read:
"Section 24-13-650. No offender committed to
incarceration under for a violent offense as defined
in Section 16-1-60, or a `community supervision offense'
as defined in Section 24-13-100 may be released back into the
community in which the offender committed the offense under the
work release program, except in those cases wherein, where
applicable, the victim of the crime for which the offender is
charged or the relatives of the victim who have applied for
notification under Section 16-3-1530 if the victim has died, the law
enforcement agency which employed the arresting officer at the
time of the arrest, and the circuit solicitor all agree to recommend
that the offender be allowed to participate in the work release
program in the community where the offense was committed. The
victim or the victim's nearest living relative, the law enforcement
agency, and the solicitor, as referenced above, must affirm in
writing that the offender be allowed to return to the community in
which the offense was committed to participate in the work release
program."
SECTION . Section 24-13-710 of the 1976 Code is
amended to read:
"Section 24-13-710. The Department of Corrections and
the Department of Probation, Parole and Pardon Services shall
jointly develop the policies, procedures, guidelines, and cooperative
agreement for the implementation of a supervised furlough program
which permits carefully screened and selected inmates who have
served the mandatory minimum sentence as required by law or have
not committed a violent crime as defined in Section 16-1-60, a
`community supervision offense' as defined in Section 24-13-100, nor committed the
crime of criminal sexual
conduct in the third degree as defined in Section 16-3-654,
or the crime of committing or attempting a lewd act upon a child
under the age of fourteen as defined in Section 16-15-140 to be
released on furlough prior to parole eligibility and under the
supervision of state probation and parole agents with the privilege
of residing in an approved residence and continuing treatment,
training, or employment in the community until parole eligibility or
expiration of sentence, whichever is earlier. The department and
the Department of Probation, Parole and Pardon Services shall
assess a fee sufficient to cover the cost of the participant's
supervision and any other financial obligations incurred because of
his participation in the supervised furlough program as provided by
this article. The two departments shall jointly develop and approve
written guidelines for the program to include, but not be limited to,
the selection criteria and process, requirements for supervision,
conditions for participation, and removal. The cooperative
agreement between the two departments shall specify the
responsibilities and authority for implementing and operating the
program. Inmates approved and placed on the program must be
under the supervision of agents of the Department of Probation,
Parole and Pardon Services who are responsible for
insuring ensuring the inmate's compliance with the
rules, regulations, and conditions of the program as well as
monitoring the inmate's employment and participation in any of the
prescribed and authorized community-based correctional programs
such as vocational rehabilitation, technical education, and
alcohol/drug treatment. Eligibility criteria for the program include,
but are not limited to, all of the following requirements:
(1) maintain a clear disciplinary record for at least six months
prior to consideration for placement on the program;
(2) demonstrate to Department of Corrections' officials a
general desire to become a law-abiding member of society;
(3) satisfy any other reasonable requirements imposed upon
him by the Department of Corrections;
(4) have an identifiable need for and willingness to participate
in authorized community-based programs and rehabilitative services;
(5) have been committed to the State Department of
Corrections with a total sentence of five years or less as the first or
second adult commitment for a criminal offense for which the
inmate received a sentence of one year or more. The Department of
Corrections shall notify victims pursuant to Section 16-3-1530(c) as
well as the sheriff's office of the place to be released before
releasing inmates through any supervised furlough program.
These requirements do not apply to the crimes referred to in this
section."
SECTION . Section 24-13-720 of the 1976 Code is
amended to read:
"Section 24-13-720. Unless sentenced to life
imprisonment, an inmate under the jurisdiction or control of the
Department of Corrections who has not been convicted of a violent
crime under the provisions of Section 16-1-60 or a `community
supervision offense' as defined in Section 24-13-100 may,
within six months of the expiration of his sentence, be placed with
the program provided for in Section 24-13-710 and is subject to
every rule, regulation, and condition of the program. No inmate
otherwise eligible under the provisions of this section for placement
with the program may be so placed unless he has qualified under
the selection criteria and process authorized by the provisions of
Section 24-13-710. He must also have maintained a clear
disciplinary record for at least six months prior to eligibility for
placement with the program."
SECTION . Section 24-13-1310 of the 1976 Code is
amended to read:
"Section 24-13-1310. As used in this article:
(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 or a `community supervision offense' as
defined in Section 24-13-100;
(d) who has not been incarcerated previously in a state
correctional facility or has not served a sentence previously in a
shock incarceration program;
(e) who physically is able to participate in the
program;
(f) whose sentence specifically does not prohibit the
offender from participating in the shock incarceration program.
(2) `Shock incarceration program' means a program pursuant to
which eligible inmates are selected directly at reception centers to
participate in the program and serve ninety days in an incarceration
facility, which provides rigorous physical activity, intensive
regimentation, and discipline and rehabilitation therapy and
programming.
(3) `Director' means the Director of the Department of
Corrections."/.
Amend the bill further, as and if amended, page 25, line 14, by
striking SECTION 22 in its entirety and inserting therein the
following:
/SECTION 22. Section 24-13-1320 of the 1976 Code is
amended to read:
"Section 24-13-1320. (A) The director of the
department, guided by consideration for the safety of the
community and the welfare of the inmate, shall promulgate
regulations, according to procedures set forth in the Administrative
Procedures Act, for the shock incarceration program. The
regulations must reflect the purpose of the program and include, but
are not limited to, selection criteria, inmate discipline, programming
and supervision, and program structure and administration.
(B) For each reception center the 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 and which shall meet on a
regularly scheduled basis to review all applications for a program.
(C) (B) A program may be established only at
an institution classified by the director as a shock incarceration
facility.
(D) (C) The department shall undertake studies
and prepare reports periodically on the impact of a program and on
whether the programmatic objectives are met."/.
Amend the bill further, as and if amended, page 25, line 24, by
striking SECTION 23 in its entirety and inserting therein the
following:
/SECTION 23. Section 24-13-1330 of the 1976 Code is
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.
(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.
(A) A court may order that an `eligible inmate' be
sentenced to the `Shock Incarceration Program'. If an `eligible
inmate' is sentenced to the `Shock Incarceration Program' he must
be transferred to the custody of the department for evaluation.
(B) The department must evaluate the inmate to determine
whether the inmate is physically, psychologically and emotionally
able to participate in this program.
(C) The director shall notify the court within fifteen working
days if the inmate is physically, psychologically, and emotionally
unsuitable for participation in the `Shock Incarceration Program'.
An unsuitable inmate must be returned to court for sentencing to
another term as provided by law.
(C) (D) 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) (E) 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.
(E) (F) 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."/.
Amend the bill further, as and if amended, page 26, beginning on
line 19, by striking SECTION 24 in its entirety and inserting
therein the following:
/SECTION 24. Section 24-13-1520(1) and (2) of the 1976
Code, as last amended by Act 181 of 1993 and Act 508 of 1994,
are 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, 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, the Board of Juvenile
Parole, and the Department of Corrections."/.
Amend the bill further, as and if amended, page 26, beginning on
line 38, in Section 24-13-1590(2), as contained in SECTION 25, by
striking lines 38 and 39 in their entirety and inserting therein the
following:
/Department of Juvenile Justice, or the Department of Probation,
Parole and Pardon Services to regulate or/.
Amend the bill further, as and if amended, page 27, beginning on
line 8, in Section 24-19-160, as contained in SECTION 26, by
striking lines 8 through 12 in their entirety and inserting therein the
following:
/Nothing in this chapter shall may be construed
to amend, repeal, or affect the jurisdiction of the
Department of Probation, Parole and Pardon Services or the
Probation, Parole, and Pardon Services Board. For purposes of
community supervision or parole purposes, a sentence
pursuant to Section 24-19-50(e) shall be considered a sentence for
six years."/.
Amend the bill further, as and if amended, page 27, beginning on
line 14, by striking SECTION 27 in its entirety and inserting
therein the following:
/SECTION 27. Section 24-21-10 of the 1976 Code, as last
amended by Act 7 of 1995, is further amended to read:
"Section 24-21-10. (A) The Department of Probation,
Parole and Pardon Services, hereafter referred to as the
`department', is governed by the Director of Probation, Parole
and Pardon Services, director of 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 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. 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 deemed 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 deemed 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."/.
Amend the bill further, as and if amended, page 27, beginning on
line 36, by striking SECTION 28 in its entirety and inserting
therein the following:
/SECTION 28. 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,
community supervision, and other offenders released from
incarceration prior to the expiration of their sentence;
(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 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;
(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. 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."/.
Amend the bill further, as and if amended, page 28, beginning on
line 23, by striking SECTION 29 in its entirety and inserting
therein the following:
/SECTION 29. Section 24-21-30 of the 1976 Code is amended
to read:
"Section 24-21-30. (A) A person who commits a
`community supervision offense' as defined in Section 24-13-100
on or after July 1, 1995, is not eligible for parole consideration, but
must complete a community supervision program as set forth in
Section 24-21-560 prior to discharge from the sentence imposed by
the court. For all offenders who are eligible for parole, the
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 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
committed a violent crime as defined in Section 16-1-60 or a
`community supervision offense' as defined in Section 24-13-100
before July 1, 1995, by a two-thirds majority vote of the full board.
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
`community supervision offense' as defined in Section 24-13-100
on or after July 1, 1995, 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 `community supervision 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 `community supervision offense' as defined
in Section 24-13-100 on or after July 1, 1995, to be eligible for
parole."/.
Amend the bill further, as and if amended, page 29, beginning on
line 7, by striking SECTION 30 in its entirety and inserting therein
the following:
/SECTION 30. 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, pardon, or any other form of
clemency provided for under law. No inmate has a right of
confrontation at the hearing."/.
Amend the bill further, as and if amended, page 29, beginning on
line 24, in Section 24-21-60, as contained in SECTION 31, by
striking lines 24 through 30 in their entirety and inserting therein
the following:
/institutional officers. The director may conduct surveys of
the State Penitentiary 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."/.
Amend the bill further, as and if amended, page 29, beginning on
line 32, by striking SECTION 32 in its entirety and inserting
therein the following:
/SECTION 32. Section 24-21-80 of the 1976 Code is 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, 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 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 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,
or 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 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 only if the department
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 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."/.
Amend the bill further, as and if amended, page 32, line 6, in
Section 24-21-280, as contained in SECTION 35, after the word
/parole,/ by striking /and/.
Amend the bill further, as and if amended, page 32, line 20, in
Section 24-21-300, as contained in SECTION 36, before the word
/parolee/ by inserting therein /the/.
Amend the bill further, as and if amended, page 32, beginning on
line 36, in Section 24-21-910, as contained in SECTION 37, by
striking lines 36 and 37 in their entirety and inserting therein the
following:
/"Section 24-21-910. The Probation, Parole, and
Pardon Services Board shall consider all petitions for reprieves or
the/.
Amend the bill further, as and if amended, page 34, beginning on
line 25, in Section 24-23-30(a)(1), as contained in
SECTION 40, by striking lines 25 and 26 in their entirety and
inserting therein the following:
/(a)(1) an intensive supervision program for
probationers, and parolees, and supervised
prisoners who require more than average/.
Amend the bill further, as and if amended, page 34, line 43, in
Section 24-23-30(d)(4), as contained in SECTION
40, after the word /probation/ by striking /or parole/ and
inserting therein the following:
/, or parole, or/.
Amend the bill further, as and if amended, page 35, beginning on
line 26, in Section 24-23-40, as contained in SECTION 41, by
striking lines 26 and 27 in their entirety and inserting therein the
following:
/research and special studies on such issues as probation,
community supervision, and parole outcomes, revocations,
and recidivism./.
Amend the bill further, as and if amended, page 35, beginning on
line 35, in Section 24-23-115, as contained in SECTION 42, by
striking lines 35 and 36 in their entirety and inserting therein the
following:
/"The Department of Probation, Parole and Pardon Services
shall establish by regulation pursuant to the/
Amend the bill further, as and if amended, page 36, line 17, in
Section 24-23-220, as contained in SECTION 44, by striking line
17 and inserting therein the following:
/of Probation, Parole and Pardon Services/.
Amend the bill further, as and if amended, page 36, line 34, as
contained in SECTION 45, by striking SECTION 45 in its entirety
and inserting therein the following:
/SECTION 45. Sections 16-3-27, 24-1-200, 24-3-10,
24-13-270, and 24-13-1340 of the 1976 Code are repealed./.
Amend the bill further, as and if amended, page 36, beginning on
line 37, by adding appropriately numbered sections after the word
/repealed./ to read:
/SECTION __. Section 16-1-60 of the 1976 Code, as last
amended by Act 7 of 1995, is further amended to read:
"Section 16-1-60. For purposes of definition under South
Carolina law a violent crime includes the offenses of murder
(Section 16-3-10); criminal sexual conduct in the first and second
degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct
with minors, first and second degree (Section 16-3-655); assault
with intent to commit criminal sexual conduct, first and second
degree (Section 16-3-656); assault and battery with intent to kill
(Section 16-3-620); kidnapping (Section 16-3-910); voluntary
manslaughter (Section 16-3-50); armed robbery (Section
16-11-330(A)); attempted armed robbery (Section
16-11-330(B)); drug trafficking as defined in Sections
44-53-370(e) and 44-53-375(C); arson in the first degree (Section
16-11-110(A)); burglary in the first degree (Section 16-11-311);
and burglary in the second degree (Section
16-11-312(B)),; engaging a child for a sexual
performance (Section 16-3-810); homicide by child
abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by
child abuse (Section 16-3-85(A)(2)); accessory before the fact
to commit any of the above offenses (Section 16-1-40); and
attempt to commit any of the above offenses (Section
16-1-80). Only those offenses specifically enumerated in this
section are considered violent offenses."
SECTION __. (A) Section 16-25-90 of the 1976 Code, as
added by Act 7 of 1995, shall be both retroactive and prospective in
application.
(B) This section takes effect upon approval by the Governor.
SECTION __. Section 20-7-2205 of the 1976 Code, as last
amended by Act No. 7 of 1995, is further amended to read:
"Section 20-7-2205. A Notwithstanding Section
20-7-2170, a child who is guilty of a violation of law or other
misconduct which would not be a criminal offense if committed by
an adult, including a child who has been found in contempt
of court for violation of a court order related to the
a violation of law or other misconduct
which would not be a criminal offense if committed by an
adult, or a child who violates the conditions of probation for
an offense, a violation of law or other misconduct which
would not be a criminal offense if committed by an adult
must not may be committed to the custody of a
correctional institution operated by the Department of Juvenile
Justice or to secure evaluation centers operated by the
department; however, a child committed under this section may
not be confined with a child who has been determined by the
department to be violent."
SECTION __. Section 22-5-910 of the 1976 Code is amended
to read:
"Section 22-5-910. Following a first offense conviction in
a Magistrate's Court magistrate's court or a
Municipal Court municipal court, the defendant
after one year from the date of the conviction may apply, or cause
someone acting on his behalf to apply, to the Circuit Court
circuit court for an order expunging the records of the
arrest and conviction. However, this section does not apply to an
offense involving the operation of a motor vehicle,
or to a violation of Title 50 or the regulations promulgated
thereunder under it for which points are assessed,
suspension provided for, or enhanced penalties for subsequent
offenses authorized, or to an offense contained in Chapter 25 of
Title 16. If the defendant has had no other conviction during
the one-year period following the first offense conviction in a
Magistrate's Court magistrate's court or a
Municipal Court municipal court, the Circuit
Court circuit court shall issue an order expunging the
records. No person may have his records expunged under this
section more than one time once.
After the expungement, the South Carolina Law Enforcement
Division is required to keep a nonpublic record of the offense and
the date of the expungement to ensure that no person takes
advantage of the rights of this section more than once. This
nonpublic record is not subject to release under Section 34-11-95,
the Freedom of Information Act, or any other provision of law
except to those authorized law or court officials who need to know
this information in order to prevent the rights afforded by this
section from being taken advantage of more than once.
As used in this section, `conviction' includes a guilty plea, a plea
of nolo contendere, or the forfeiting of bail."
SECTION __. Section 44-53-375(D) of the 1976 Code, as last
amended by Act 184 of 1993, is further amended to read:
"(D) Except for a first offense, as provided in subsections
(A) and (B) of this section, sentences for violation of the
provisions of this section may not be suspended and probation may
not be granted."/.
SECTION __. Section 44-53-445(A) of the 1976 Code, as last
amended by Act 184 of 1993, is further amended to read:
"(A) It is unlawful a separate criminal
offense for a person to distribute, sell, purchase, manufacture,
or to unlawfully possess with intent to distribute, a controlled
substance while in, on, or within a one-half mile radius of the
grounds of a public or private elementary, middle, or secondary
school; a public playground or park; a public vocational or trade
school or technical educational center; or a public or private college
or university."/.
Amend the bill further, as and if amended, page 36, beginning on
line 38 by striking SECTION 46 in its entirety.
Amend the bill further, as and if amended, page 37, beginning on
line 4, by striking SECTION 47 in its entirety.
Amend the bill further, as and if amended, page 37, line 16, as
contained in SECTION 48, by inserting after /President/ the
following:
/Pro Tempore/.
Amend the bill further, as and if amended, page 37, beginning on
line 21, by striking SECTION 49 in its entirety and inserting
therein the following:
/SECTION 49. Except as otherwise provided, this act takes
effect upon approval by the Governor on July 1, 1995, and applies
prospectively to all crimes committed on or after that date./.
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
ADDISON GRAVES WILSON ROBERT FORD
For Majority. For Minority.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year$-see below-
2. Estimated Cost to State-Annually Thereafter$-see below-
House Bill 3238 amends the South Carolina Code of Laws, 1976,
so as to provide for Truth in Sentencing.
The projection of possible impact is estimated on those
provisions which affect time to serve requirements and program
eligibilities. It is generally expected that "truth in
sentencing" (or reducing credit accruals) would bring about
corresponding downward adjustments in sentence/terms of
incarceration to be meted out by judges. However, no applicable
historical information exists to definitively determine the exact
decrease in sentencing patterns. Therefore, in this analysis, the
Department of Corrections has provided projections of fiscal impact
under three scenarios of "what-if" in
"new" sentencing practices/patterns.
These assumptions are:
1. If the corresponding downward sentencing shift results in an
overall/aggregate reduction of "new" sentences
to 1/3 (33%) of current level;
2. Reduction to 1/2 (50%) of current level; and
3. Reduction to 3/4 (75%) of current level
Provisions potentially increasing prison population are:
* Shock Incarceration placement must be court ordered.
* Violent offenders must serve 85% of terms of imprisonment,
without the application of good time, education, and work
credits.
* Maximum work/education and good time credit accrual rates
are changed to the following: work/education credits at the
rate of 6 days for every month worked/enrolled and good time
credits at the rate of 3 days for every month of good behavior.
(Thus, non-violent offenders can only have about 25.7% of
their sentence/terms of imprisonment be satisfied by credits.
That is, non-violent offenders will serve about 75% of their
sentence/terms of imprisonment.)
* Persons with a third conviction of a violent offense must be
sentenced to life imprisonment (meaning till death). Decision
to invoke sentencing under this provision is at the discretion of
the solicitor.
Provisions which affect the facility/program placements of inmates
are:
* Violent inmates are not eligible for work release until they
have served 80% of their terms of imprisonment.
* Non-violent inmates are not eligible for work release until they
have served 60% of their terms of imprisonment.
The projected impact of the above specific sections is estimated as
follows:
ASSUMPTION 1***
[NEW SENTENCE = 1/3 OF CURRENT
SENTENCE]
ADDITIONAL
INCREASE/ ADDITIONALCUMULATIVE
DECREASE TO OPERATINGOPERATING
POPULATION COSTS/COSTS/
YEAR COUNTS SAVINGSSAVINGS
1997 -513 -6,450,462-6,450,462
2000 -1,509 -18,974,166-25,424,628
2010 -2,760 -34,704,240-60,128,868
ASSUMPTION 2***
[NEW SENTENCE = 1/2 OF CURRENT
SENTENCE]
ADDITIONAL
INCREASE/ ADDITIONALCUMULATIVE
DECREASE TO OPERATINGOPERATING
POPULATION COSTS/COSTS/
YEAR COUNTS SAVINGSSAVINGS
1997 -202 -2,539,948-2,539,948
2000 1,402 17,628,74815,088,800
2010 2,272 28,568,12843,656,928
For Assumption 2, additional Capital Costs of $91 million would
be required for the construction of 2,272 additional beds by FY
2010.
ASSUMPTION 3***
[NEW SENTENCE = 3/4 OF CURRENT
SENTENCE]
ADDITIONAL
INCREASE/ ADDITIONALCUMULATIVE
DECREASE TO OPERATINGOPERATING
POPULATION COSTS/COSTS/
YEAR COUNTS SAVINGSSAVINGS
1997 127 1,596,8981,596,898
2000 4,589 57,702,08659,298,984
2010 8,888 111,757,712171,056,696
For Assumption 3, additional Capital Cost of $355 million would
be required for the construction of 8,888 additional beds by FY
2010.
(In FY 1994, the per inmate operating cost is $12,574 per year,
on average. The construction cost is about $40,000 per
medium/maximum bed.)
* This impact analysis excludes life imprisonment for third
conviction of violent offenders. Extent of usage of this passage is
at the discretion of solicitor.
** An impact statement analysis of life imprisonment for third
conviction of violent offenders which restricts discretion of
solicitors prosecution alternatives is available.
*** These are gross estimates generated from aggregate sentencing
and time served statistics. Because of varying
"acceptable" minimum sentences/terms of imprisonment
for different judges and/or for different offenses, individual
offenders may not be sentenced to the "reduced" level
of imprisonment as assumed herein.
This legislation would require supervision of inmates who
"max out" their sentences. These individuals currently
complete their sentences and are released to the community without
benefit of supervision. Based on historical data there were 11,843
releases from the Department of Corrections during Fiscal Year
1993-94. A total of 4,752 of these were "max-outs".
According to estimates furnished by the Department of
Probation, Parole and Pardon Services, the need for additional
resources to supervise this population would be realized
incrementally beginning in Fiscal Year 1996-97 under the direction
of that agency, renamed in the legislation the "Department of
Probation and Community Supervision." In Fiscal Year 1996-97 there would be a need for
39 agents and 7 administrative
support. Cost of this support which includes salary, fringe, and
operating costs is estimated at $1.3 million. In Fiscal Year 1997-98
there would be a need for 38 agents and 6 administrative support.
Cost of this support which includes salary, fringe, and operating
costs is estimated at $1.3 million. The increased costs within this
department will be incurred regardless of the ultimate changes in
aggregate sentencing practices that may transpire as a result of the
passage of this legislation.
Data supplied by the Department of Corrections provide
projections of the potential impact on inmate populations through
the year 2030. However, given the varied costs assumptions that
could be applied to those inmate trends, costs figures beyond the
year 2010 are less reliable and are not furnished in this analysis.
Prepared By: Approved By:
James W. Trexler George N. Dorn, Jr.
State Budget Analyst Director, Office of State
Budget
Michael L. Shealy
Assistant Director, Office of State Budget
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 24-3-435 SO AS TO ALLOW
LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND
CHARITABLE ORGANIZATIONS TO USE INMATES TO
PERFORM CONSTRUCTION, REPAIR, AND MAINTENANCE
SERVICES; 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 A PERSON WHO COMMITS A CRIME
SATISFACTORILY COMPLETE A COMMUNITY
SUPERVISION PROGRAM BEFORE HIS 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 THAT MAY BE IMPOSED
DURING THIS PROCEEDING; TO AMEND SECTION 16-3-625,
RELATING TO RESISTING ARREST WITH A DEADLY
WEAPON, SO AS TO REVISE THE AGE OF A PERSON WHO
MAY BE CHARGED WITH THE CRIME, REVISE THE
PENALTY, AND TO REVISE THE DEFINITION OF
"DEADLY WEAPON"; TO AMEND SECTION
16-3-1180, AS AMENDED, RELATING TO THE
COMPENSATION OF CRIME VICTIMS, SO AS TO REVISE
THE MAXIMUM AWARD A CRIME VICTIM MAY RECEIVE;
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 UPON A PERSON CONVICTED
THREE TIMES FOR CERTAIN CRIMES, SO AS TO REDUCE
THE NUMBER OF PRIOR CONVICTIONS TO TWO BEFORE A
LIFE SENTENCE MAY BE IMPOSED, EXCEPT FOR A CRIME
FOR WHICH A SENTENCE OF DEATH HAS BEEN IMPOSED,
TO DEFINE "LIFE IMPRISONMENT", AND
REQUIRE THE SOLICITOR TO GIVE WRITTEN 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, TO
ALLOW THE DEPARTMENT TO DENY WORK RELEASE
BASED ON OPINIONS RECEIVED FROM THESE
INDIVIDUALS, AND TO ALLOW INMATES TO PARTICIPATE
IN THE DEPARTMENT OF CORRECTIONS RESTITUTION
PROGRAM; TO AMEND SECTION 24-3-410, AS AMENDED,
RELATING TO THE SALE OF PRISON-MADE PRODUCTS, SO
AS TO ADD THE TERM "COMMUNITY
SUPERVISION"; 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 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 24-13-1320,
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",
AND TO NOT DIMINISH THE AUTHORITY OF THE COURTS,
THE DEPARTMENT OF JUVENILE JUSTICE, OR THE
DEPARTMENT OF PROBATION AND COMMUNITY
SERVICES TO REGULATE OR IMPOSE CONDITIONS ON
COMMUNITY SUPERVISION; 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, 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 HEARINGS FOR PAROLE OR
PARDONS AND NOT TO ALLOW AN INMATE THE RIGHT
TO CONFRONTATION DURING THESE HEARINGS; 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 PROBATION, PAROLE,
OR COMMUNITY SUPERVISION, TO SUBSTITUTE
"DEPARTMENT" FOR "BOARD" AND
"COMMUNITY SUPERVISION PROGRAM" FOR
"SUPERVISED FURLOUGH PROGRAM", AND TO
REVISE THE CONDITIONS FOR WHICH A PERSON MAY BE
EXEMPTED FROM PAYING SUPERVISION FEES; 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, TO SUBSTITUTE
"OFFENDER MANAGEMENT SYSTEMS ACT" FOR
"PRISON OVERCROWDING POWERS ACT", AND
TO ALLOW A CERTIFICATE OF SERVICE TO BE
SUFFICIENT PROOF OF SERVICE THAT A CITATION HAS
BEEN SERVED; 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 ALLOW A CRIME VICTIM OR A
MEMBER OF A CONVICTED PERSON'S FAMILY TO
PETITION FOR A PARDON FOR A PERSON WHO HAS
COMPLETED COMMUNITY SUPERVISION OR HAS BEEN
DISCHARGED FROM A SENTENCE 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 MAKE TECHNICAL REVISIONS; 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 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 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 24-13-60, 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 24-13-610, RELATING TO THE EXTENDED WORK
RELEASE PROGRAM; SECTION 24-13-620, RELATING TO
THE REQUIREMENTS OF EXTENDED WORK RELEASE
PROGRAM PARTICIPANTS; SECTION 24-13-630, RELATING
TO THE DUTIES OF THE DEPARTMENT OF CORRECTIONS
REGARDING THE EXTENDED WORK RELEASE PROGRAM;
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; TO DIRECT THE
CODE COMMISSIONER TO MAKE APPROPRIATE
REVISIONS TO THE CODE; AND TO SAVE PENDING
MATTERS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-3-435. Inmates under the supervision of the
South Carolina Department of Corrections who are not considered a
safety risk by the department may be utilized by a municipality,
county, school district, and qualified charitable organizations
exempt from taxation pursuant to Section 501(c)(3) of Title 26 of
the United States Code of 1986 for the purposes of construction,
repair, or maintenance services when the value of those construction
services shall not exceed the limit allowable for unlicensed
contractors pursuant to the South Carolina Contractors Licensing
Law. Notwithstanding that the department otherwise retains
discretion to determine other categories of offenses which it deems
a safety risk, an inmate convicted of a crime involving sexual
battery as defined in Section 16-3-651 or assault with intent to
commit criminal sexual conduct is considered a safety risk. The
municipality, county, school district, or qualified 501(c)(3)
organizations must reimburse the department for the cost of
transportation of inmates. Inmates are not considered employees of
the municipality, county, school district, or qualified 501(c)(3)
organizations for worker's compensation purposes. Inmates shall
not participate in this program if adequate supervision is not
provided by the municipality, county, school district, or qualified
501(c)(3) organizations. Improvements of a structural, electrical,
and mechanical nature must be designed by a qualified professional
engineer and must be in compliance with applicable building codes.
These improvements must be inspected and approved by a qualified
professional engineer or a licensed commercial inspector."
SECTION 2. The 1976 Code is amended by adding:
"Section 24-13-100. (A) 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) eighty percent of the actual term of imprisonment
imposed if the prisoner is convicted of 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 actual term of imprisonment imposed
if the prisoner is convicted of a crime not listed in Section 16-1-60.
(B) These percentages must be calculated without the application
of earned work credits, education credits, and good time credits.
These percentages are to be applied to the actual term of
imprisonment, not to include the portion of the sentence which has
been suspended.
(C) If, during the term of imprisonment, a prisoner commits an
offense or violates one of the rules of the institution, all or part of
the credit he has earned may be forfeited at the discretion of the
Director of the Department of Corrections, if the prisoner 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 credits is
solely the responsibility of officials named in this subsection.
(D) This section does not apply to those prisoners serving time
in a local correctional facility except those prisoners serving time in
a local facility pursuant to a designated facility agreement."
SECTION 3. The 1976 Code is amended by adding:
"Section 24-13-150. (A) 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 facility agreement authorized by Section
24-3-20, is not eligible for early release, discharge, or community
supervision until the prisoner has served:
(1) eighty-five percent of the actual term of imprisonment
imposed if the offender is convicted of a `violent' crime as defined
in Section 16-1-60, irrespective of whether the prisoner is
considered a violent offender; or
(2) seventy percent of the actual term of imprisonment
imposed if the offender is convicted of a crime not listed in Section
16-1-60.
(B) These percentages must be calculated without the application
of earned work credits, education credits, and good time credits.
These percentages are to be applied to the actual term of
imprisonment, not to include the portion of the sentence which has
been suspended.
(C) If, during the term of imprisonment, a prisoner commits an
offense or violates one of the rules of the institution, all or part of
the credit he has earned may be forfeited at the discretion of the
Director of the Department of Corrections, if the prisoner 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 credits is
solely the responsibility of officials named in this subsection.
(D) This section does not apply to those prisoners serving time
in a local correctional facility except those prisoners serving time in
a local facility pursuant to a designated facility agreement."
SECTION 4. 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 5. The 1976 Code is amended by adding:
"Section 24-21-560. All sentences pronounced in General
Sessions Court involving incarceration for a term in excess of one
year for crimes committed on or after July 1, 1996, include the
incarceration period and up to two years continuous community
supervision. All persons who commit a crime on or after July 1,
1996, involving a sentence of incarceration for a term in excess of
one year must satisfactorily complete a community supervision
program operated by the Department of Probation and Community
Supervision. A sentence of incarceration for a term of one year or
less imposed in General Sessions Court for a crime committed on
or after July 1, 1996, may in the discretion of the sentencing judge
include a requirement for completion of a community supervision
program operated by the Department of Probation and Community
Supervision. This program must last no more than two continuous
years at the sole discretion of the department. The General
Sessions 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 court shall order the prisoner to serve up to one year
for the violation of the terms of the original sentence 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 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's community supervision is revoked, the court shall
determine if the prisoner 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 again
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 registered 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 6. 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 7. 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 8. 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 9. 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 thirty years. If
the State seeks the death penalty and an a statutory
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 trial
judge must impose a sentence of life imprisonment.
without eligibility for parole until the service 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) When the State seeks the death penalty , upon
conviction or adjudication of guilt of a defendant of murder, the
court shall conduct a separate sentencing proceeding. In
the proceeding, if a statutory aggravating circumstance is found, the
defendant must be sentenced to either death or life imprisonment.
If no statutory aggravating circumstance is found, the defendant
must be sentenced to either life imprisonment or a mandatory
minimum of thirty years. to determine whether the
defendant should be sentenced to death or life imprisonment.
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 judge. 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) Statutory 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 statutory 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
statutory aggravating circumstance or circumstances which
it found beyond a reasonable doubt. The jury, if it does not
recommend death, after finding an a statutory
aggravating circumstance or circumstances beyond a reasonable
doubt, shall designate, in writing, and signed by all
members of the jury, designate the statutory
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 trial
judge 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 statutory aggravating circumstance is found and a
sentence of death is not recommended by the jury, the court
trial judge shall sentence the defendant to life imprisonment
as provided in subsection (A). In the event that all 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 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.
Before dismissing the jury, the trial judge shall question the
jury as to whether or not it found a statutory aggravating
circumstance or circumstances beyond a reasonable doubt. If the
jury does not unanimously find any statutory aggravating
circumstances or circumstances beyond a reasonable doubt, it shall
not make a sentencing recommendation. Where a statutory
aggravating circumstance is not found, the trial judge shall sentence
the defendant to either life imprisonment or a mandatory minimum
of thirty years. If the jury has found a statutory 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. 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 as provided in subsection (A).
(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 10. 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 for a mandatory minimum of five years and not
more than ten nor less than two years. No sentence
imposed hereunder for a first offense shall 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 under this
section for a second or subsequent offense shall have such sentence
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 any
instrument which can be used to inflict deadly force.
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 11. Section 16-3-1180(C) of the 1976 Code is
amended to read:
"(C) The aggregate of award to and on behalf of victims
may not exceed ten thousand dollars unless the Crime Victim's
Advisory Board, by two-thirds vote, and the director concur that
extraordinary circumstances exist. In such case, the award may not
exceed twenty-five thousand dollars."
SECTION 12. 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,
Department of Juvenile Justice, 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 13. The first paragraph of Section 16-3-1530(C) 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 14. 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 15. 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 16. 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 17. 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 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, except a
crime for which a sentence of death has been imposed, 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. Written notice must be given by the
solicitor to the defendant and defendant's counsel not less than ten
days before trial."
SECTION 18. 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) Notwithstanding Section
24-13-100, the department of Corrections may establish
a restitution program for the purpose of allowing persons convicted
of nonviolent all 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 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, or community
supervision;"
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 served. 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 the community supervision program
under Section 24-21-560."
SECTION 22. 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 23. 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.
(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
continuous 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 24. 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 25. 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, or community
supervision."
SECTION 26. 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 27. 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 four years with a
maximum service of three terms 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 28. 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 consideration 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
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 29. 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 30. 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. No inmate
has a right of confrontation at the hearing."
SECTION 31. 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 32. 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 places a parolee under
intensive supervision, or if the department places 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 only if the department
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 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 33. 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 34. 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 35. 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 36. 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. 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 37. 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 38. 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.(2) Persons discharged from a sentence
without benefit of parole shall must be considered
upon the request of the individual anytime after the date of
discharge.
C.(3) Parolees shall 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, shall must be considered for pardon
upon the request of the individual anytime after the date of
discharge.
D.(4) An inmate shall must be
considered for pardon prior to before a parole
eligibility date only when he can produce evidence comprising the
most extraordinary circumstances.
E.(5) 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 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 39. 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 40. 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 41. 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 42. 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 43. 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 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 44. 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 45. Sections 24-1-200, 24-13-60, 24-13-270,
24-13-610, 24-13-620, 24-13-630, 24-13-710,and 24-13-720 of the
1976 Code are repealed.
SECTION 46. The Code Commissioner shall 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 47. All proceedings pending and all rights and
liabilities existing, acquired, or incurred at the time this act takes
effect are saved. The provisions of this act apply prospectively to
crimes and offenses committed after the effective date of this act.
SECTION 48. A study committee shall be appointed to study
mandatory minimum sentences and alternative sentences for
non violent offenders and examine anti-recidivism methods for first
time non violent offenders and report back to the General Assembly
no later than the first day of session, 1996. The committee shall be
composed of the following: The S.C. Attorney General or his
designee, three appointees of the Speaker of the House of
Representatives and three appointees of the President of the S.C.
Senate. The committee shall be staffed by the Sentencing
Guidelines Commission and the staffs of the House and Senate
Judiciary Committee.
SECTION 49. 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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