S*1262(Rat #0547, Act #0477)  General Bill, By Giese, Ford, Glover, Jackson, 
Land, Moore and Waldrep
 A Bill to amend Section 24-3-210, as amended, Code of Laws of South Carolina,
 1976, relating to furloughs for qualified inmates of the State Prison System,
 so as to prohibit the director of the Department of Corrections from extending
 the benefits of this Section to a person convicted of a violent crime as
 defined in Section 16-1-60 unless, where applicable, the victim of the crime
 for which the offender is charged, or the relatives of the victim, the law
 enforcement agency which employed the arresting officer of the offender, and
 the solicitor in whose circuit the offender was convicted recommend in writing
 that the offender be allowed to participate in the furlough program in the
 community where the offense was committed.

   03/16/94  Senate Introduced and read first time SJ-5
   03/16/94  Senate Referred to Committee on Corrections and Penology SJ-6
   04/12/94  Senate Committee report: Favorable Corrections and
                     Penology SJ-17
   04/13/94  Senate Read second time SJ-27
   04/13/94  Senate Ordered to third reading with notice of
                     amendments SJ-27
   04/14/94  Senate Read third time and sent to House SJ-41
   04/19/94  House  Introduced and read first time HJ-6
   04/19/94  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-6
   04/27/94  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-5
   05/18/94  House  Debate adjourned until Thursday, May 19, 1994 HJ-24
   05/19/94  House  Debate adjourned until Tuesday, May 24, 1994 HJ-26
   05/24/94  House  Read second time HJ-18
   05/25/94  House  Read third time and enrolled HJ-11
   06/02/94         Ratified R 547
   07/14/94         Signed By Governor
   07/28/94         Effective date 07/14/94
   07/28/94         Copies available

AN ACT TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO PROHIBIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM EXTENDING THE BENEFITS OF THIS SECTION TO A PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 UNLESS, WHERE APPLICABLE, THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER IS CHARGED, OR THE RELATIVES OF THE VICTIM, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYED THE ARRESTING OFFICER OF THE OFFENDER, AND THE SOLICITOR IN WHOSE CIRCUIT THE OFFENDER WAS CONVICTED RECOMMEND IN WRITING THAT THE OFFENDER BE ALLOWED TO PARTICIPATE IN THE FURLOUGH PROGRAM IN THE COMMUNITY WHERE THE OFFENSE WAS COMMITTED.

Be it enacted by the General Assembly of the State of South Carolina:

Director may grant furloughs, conditions

SECTION 1. Section 24-3-210 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 24-3-210. (A) The director may extend the limits of the place of confinement of a prisoner, where there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:

(1) contact prospective employers;

(2) secure a suitable residence for use when released on parole or upon discharge;

(3) obtain medical services not otherwise available;

(4) participate in a training program in the community or any other compelling reason consistent with the public interest;

(5) visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister.

(B) The director may extend the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that the inmate will honor his trust. (C) The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director is considered an escape from the custody of the director punishable as provided in Section 24-13-410.

(D) The director may not extend the benefits of this section to a person convicted of a violent crime as defined in Section 16-1-60 unless all of the following persons recommend in writing that the offender be allowed to participate in the furlough program in the community where the offense was committed:

(1) in those cases where, as applicable, the victim of the crime for which the offender is charged, or the relatives of the victim who have applied for notification pursuant to the provisions of Section 16-3-1530 if the victim has died;

(2) the law enforcement agency which employed the arresting officer of the offender; and

(3) the solicitor in whose circuit the offender was convicted."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 14th day of July, 1994.