S*883 Session 109 (1991-1992)
S*0883(Rat #0556, Act #0461 of 1992) General Bill, By J.V. Smith, Bryan,
Drummond, Giese, D.L. Hinds, Leatherman, J.M. Long, I.E. Lourie, T.W. Mitchell,
Moore, M.F. Mullinax, Peeler, R.C. Shealy and J.M. Waddell
A Bill to amend Title 24, Code of Laws of South Carolina, 1976, by adding
Chapter 22 so as to establish an Offender Management System Act to alleviate
prison overcrowding by providing for the identification, preparation, and
placement of appropriate nonviolent offenders in the community; and to repeal
Sections 24-3-1110 through 24-3-2060 (Article 11 of Title 24), The Prison
Overcrowding Powers Act.-amended title
04/16/91 Senate Introduced and read first time SJ-9
04/16/91 Senate Referred to Committee on Corrections and Penology SJ-9
04/24/91 Senate Committee report: Favorable Corrections and
Penology SJ-12
04/25/91 Senate Read second time SJ-53
04/25/91 Senate Unanimous consent for third reading on next
legislative day SJ-53
04/26/91 Senate Read third time and sent to House SJ-6
04/30/91 House Introduced and read first time HJ-18
04/30/91 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-18
05/22/91 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-4
05/30/91 House Debate adjourned until Tuesday, June 4, 1991 HJ-73
06/04/91 House Objection by Rep. Rogers, Tucker, Farr, J.
Bailey, Whipper, HJ-28
06/04/91 House Objection by Rep. McElveen & Keyserling HJ-28
06/05/91 House Objection withdrawn by Rep. Tucker & Whipper HJ-18
01/29/92 House Amended HJ-30
01/29/92 House Read second time HJ-41
01/30/92 House Read third time and returned to Senate with
amendments HJ-42
02/12/92 Senate Carried over until at least March 2, 1992
03/11/92 Senate House amendment amended SJ-13
03/11/92 Senate Returned to House with amendments SJ-20
03/18/92 House Debate adjourned on Senate amendments until
Thursday, March 19, 1992 HJ-40
03/19/92 House Debate adjourned on Senate amendments until
Wednesday, March 25, 1992 HJ-60
03/25/92 House Debate adjourned on Senate amendments until
Thursday, April 9, 1992 HJ-41
04/09/92 House Debate adjourned on Senate amendments until
Thursday, April 16, 1992 HJ-88
04/16/92 House Debate adjourned on Senate amendments until
Thursday, April 23, 1992 HJ-24
04/23/92 House Non-concurrence in Senate amendment HJ-30
04/23/92 Senate Senate insists upon amendment and conference
committee appointed Sens. Verne Smith,
Leatherman, and McConnell SJ-6
04/28/92 House Conference committee appointed Waldrop, Wofford &
Vaughn HJ-23
05/28/92 Senate Free conference powers granted SJ-100
05/28/92 Senate Free conference committee appointed Sens. V.
Smith, Leatherman, McConnell SJ-100
05/28/92 Senate Free conference report received and adopted SJ-100
06/03/92 House Free conference powers granted HJ-89
06/03/92 House Free conference committee appointed Waldrop,
Wofford & Vaughn HJ-91
06/03/92 House Free conference report received and adopted HJ-91
06/03/92 House Ordered enrolled for ratification HJ-100
06/04/92 Ratified R 556
07/01/92 Signed By Governor
07/01/92 Effective date 07/01/92
07/01/92 Act No. 461
07/15/92 Copies available
(A461, R556, S883)
AN ACT TO AMEND TITLE 24, CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS
TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM
ACT TO ALLEVIATE PRISON OVERCROWDING BY
PROVIDING FOR THE IDENTIFICATION, PREPARATION,
AND PLACEMENT OF APPROPRIATE NONVIOLENT
OFFENDERS IN THE COMMUNITY; AND TO REPEAL
SECTIONS 24-3-1110 THROUGH 24-3-2060 (ARTICLE 11 OF
TITLE 24), THE PRISON OVERCROWDING POWERS
ACT.
Whereas, the General Assembly finds that the prison system
population of South Carolina is at epidemic proportions which has
created legal and crippling economic consequences for the State.
Further, the General Assembly finds that the State must address
this immediate problem through a prison overcrowding program
which identifies and prepares qualified nonviolent offenders to be
placed and controlled within the community in lieu of building
additional prisons. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
Offender Management System Act
SECTION 1. Title 24 of the 1976 Code is amended by
adding:
"CHAPTER 22
Classification System And Adult
Criminal
Offender Management System
Section 24-22-10. This chapter is known and may be cited as
the `Offender Management System Act'.
Section 24-22-20. As used herein:
(a) `Adult criminal offender management system' means
the system developed by the State Board of Corrections and the
State Board of Probation, Parole and Pardon Services which
permits carefully screened inmates to be identified, transferred
into Department of Corrections Reintegration Centers and placed
in Department of Probation, Parole and Pardon Services
Community Control Strategies.
(b) `Community control strategies' means offender
supervision and offender management methods available in the
community, including, but not limited to, home detention, day
reporting centers, restitution centers, public service work
programs, substance abuse programs, short term incarceration,
and intensive supervision.
(c) `High count' means the largest male prison system
population, the largest female prison system population, or both,
on any given day during a one-month period.
(d) `Prison' means any male correctional facility, female
correctional facility, or combined male and female correctional
facility operated by the State Department of Corrections.
(e) `Prison system' means the prisons operated by the
State Department of Corrections.
(f) `Offender' means every male inmate or female
inmate, or both, who, at the time of the initiation of the offender
management system, is or at any time during continuation of the
system is serving a criminal sentence under commitment to the
State Department of Corrections, including persons serving
sentences in local detention facilities designated under the
provisions of applicable law and regulations.
(g) `Prison system population' means the total number of
male prisoners, female prisoners, or combined total of female and
male prisoners housed in the prisons operated by the State
Department of Corrections.
(h) `Reintegration center' means an institution operated
by the State Department of Corrections which provides for the
evaluation of and necessary institutional programs for inmates in
the offender management system.
(i) `Release date' means the date projected by the State
Department of Corrections on which a prisoner will be released
from prison, assuming maximum accrual of credit for good
behavior has been established under Section 24-13-210 and
earned work credits under Section 24-13-230.
(j) `Qualified prisoners' means any male prisoners,
female prisoners, or combined total of female or male prisoners
convicted of a nonviolent offense for which such prisoner has
received a total sentence of five years or less and is presently
serving a nonmandatory term of imprisonment for conviction of
one or more of the following offenses:
reckless homicide (56-5-2910); armed robbery/accessory after
the fact; simple assault; intimidation (16-11-550, 16-17-560);
aggravated assault (16-23-490); arson of residence to defraud an
insurer (16-11-110, 16-11-125); arson (16-11-110); arson-2nd
degree (16-11-110(B)); arson-3rd degree (16-11-110(C));
burglary of safe vault (16-11-390); possession of tools for a crime
(16-11-20); attempted burglary (16-13-170); petit larceny
(16-13-30); purse snatching (16-13-150); shoplifting (16-13-110,
16-13-120); grand larceny (16-13-20); attempted grand larceny
(16-13-20); larceny; credit card theft (16-13-20, 16-13-30,
16-13-35); possession of stolen vehicle (16-21-80, 16-21-130);
unauthorized use of a vehicle (16-21-60, 16-21-130); forgery
(16-13-10); fraud-swindling (16-13-320); fraudulent illegal use of
credit card (16-14-60); fraudulent check (34-11-60); fraud-false
statement or representation (16-13-240 through 16-13-290);
breach of trust with fraudulent intent (16-13-230); failure to return
tools or vehicle (16-13-420); insurance fraud (16-11-125,
16-11-130); obtaining controlled substance by fraud (44-53-40);
defrauding an innkeeper (45-1-50); receipt of stolen property
(16-13-180); destroying personal property (16-11-510); malicious
injury to property (16-11-510, 16-11-520);
hallucinogen-possession (44-53-370(c)); heroin-possession
(44-53-370(c)); cocaine-possession (44-53-370(c));
cocaine-transporting (44-53-370(a)); marijuana-possession
(44-53-370(c)); marijuana-producing (44-53-370(a)); legend
drugs-possession (44-53-370(c)); distributing imitation controlled
substances (44-53-370(a)); possession-imitation controlled
substance (44-53-370(a)); indecent exposure (16-15-130); peeping
tom (16-17-470); contributing to delinquency of minor
(16-17-490); neglect-child (20-7-50); abandonment/nonsupport
(20-7-80); criminal domestic violence (16-25-20); prostitution
(16-15-90 through 16-15-110); unlawful liquor possession
(61-5-30); public disorderly conduct/intoxication (16-17-530);
making false report (16-17-725); contempt of court (14-1-150);
obstructing justice (16-9-310 through 16-9-380); bribery
(16-9-210 through 16-9-270, 16-17-540 through 16-17-550);
possession of incendiary device (16-23-480, 16-11-550); weapon
license/registration (23-31-140); explosives possession (23-36-50,
23-36-170); threat to bomb (16-11-550); unlawful possession of
firearm on premises of alcoholic beverage establishment
(16-23-465); discharging firearm in dwelling (16-23-440);
pointing a firearm (16-23-410); littering (16-11-700); DUI-drugs
(56-5-2930, 56-5-2940); driving under suspension (56-1-460);
failure to stop for officer (56-5-750); leaving the scene of accident
(56-5-1210; 56-5-1220); possession of open container (61-9-87);
trespassing (16-11-600 through 16-11-640); illegal use of
telephone (16-17-430); smuggling contraband into prison
(24-3-950); tax evasion (12-7-2750); false income tax statement
(12-7-1630, 12-7-2750); accessory to a felony (16-1-40, 16-1-50);
misprision of a felony; criminal conspiracy (16-17-410); habitual
offender (56-1-1020 through 56-1-1100).
(k) `Operating capacity' means the safe and reasonable male
inmate capacity, female inmate capacity, or combined male and
female inmate capacity of the prison system operated by the State
Department of Corrections as certified by the State Department of
Corrections and approved by the State Budget and Control
Board.
Section 24-22-30. To be eligible to participate in the offender
management system, an offender shall:
(a) be classified as a qualified prisoner as defined
herein;
(b) maintain a clear disciplinary record during the
offender's incarceration or for at least six months prior to
consideration for placement in the system;
(c) demonstrate during incarceration a general desire to
become a law abiding member of society;
(d) satisfy any reasonable requirements imposed on the
offender by the Department of Corrections;
(e) be willing to participate in the criminal offender
management system and all of its programs and rehabilitative
services and agree to conditions imposed by the departments;
(f) possess an acceptable risk score. The risk score
shall be affected by, but not be limited to, the following
factors:
(1) nature and seriousness of the current offense;
(2) nature and seriousness of prior offenses;
(3) institutional record;
(4) performance under prior criminal justice supervision;
and
(g) satisfy any other criteria established by the South
Carolina Department of Corrections and the State Board of
Probation, Parole and Pardon Services.
Section 24-22-40. The South Carolina Department of
Probation, Parole and Pardon Services, in cooperation with the
South Carolina Department of Corrections shall develop and
establish policies, procedures, guidelines, and cooperative
agreements for the implementation of an adult criminal offender
management system which permits carefully screened and
selected male offenders and female offenders to be enrolled in the
criminal offender management system.
After review by and approval of three members of the Board of
Probation, Parole and Pardon Services designated by the
Governor, the board shall enroll qualified offenders monthly into
the offender management system to prevent the prison system
population from exceeding one hundred percent of capacity at
high count. No offender shall be issued an offender management
system certificate and released from prison if the release of the
offender will reduce the prison system population below
ninety-five percent of capacity at high count.
If the Governor at any time during periods when the offender
management system is in operation, determines that an
insufficient number of inmates are being enrolled into the system
to keep the prison system population below one hundred percent
of capacity of high count or if the Governor determines that the
number of inmates released has reached a level that could
endanger the public welfare and safety of the State, he may issue
an Executive Order requiring the South Carolina Department of
Probation, Parole and Pardon Services and the South Carolina
Department of Corrections to enroll a specified number of
qualified prisoners per month for a specified number of months or
require the department to cease and desist in the release of the
inmates accordingly.
Section 24-22-50. The offender management system shall be
in operation during all periods that the system is appropriately
funded.
Section 24-22-60. Offenders enrolled in the offender
management system shall be evaluated at Department of
Corrections Reintegration Centers. The evaluation shall
determine the offender's needs prior to community placement.
The programs and services provided at a reintegration center by
the Department of Corrections shall prepare offenders to be
placed in the appropriate community control strategies.
Section 24-22-70. Offenders enrolled in the offender
management system shall be entitled to good behavior credit as
specified in Section 24-13-210 and to earned work credits as
determined pursuant to Section 24-13-230. Offenders revoked
from the offender management system shall not receive credit on
their sentence for six months or for the time credited while placed
in the community control strategies, whichever is less.
Section 24-22-80. Revocation of offender management system
status awarded under this chapter is a permissible prison
disciplinary action.
Offenders transferred to a reintegration center who have not
been placed in and agreed to community control strategies and
who violate the conditions of the offender management system
may be revoked from the system by the Department of
Corrections. Offenders who have been placed in and agreed to the
community control strategies who violate the conditions of the
offender management system certificate may be revoked from the
offender management system by the Department of Probation,
Parole and Pardon Services. The revocation procedures shall be
developed jointly by the South Carolina Department of
Corrections and the South Carolina Department of Probation,
Parole and Pardon Services. There shall be no right to appeal a
revocation.
Section 24-22-90. Offenders shall be enrolled in the offender
management system and supervised in the community by the
South Carolina Department of Probation, Parole and Pardon
Services. The South Carolina Department of Corrections shall
transfer enrolled inmates to a South Carolina Department of
Corrections Reintegration Center for evaluation pursuant to
Section 24-22-60. The South Carolina Department of Probation,
Parole and Pardon Services shall issue an offender management
system certificate with conditions which must be agreed to by the
offender prior to the offender's placement in the community
control strategies.
The South Carolina Department of Corrections shall notify the
South Carolina Department of Probation, Parole and Pardon
Services of all victim impact statements filed pursuant to Section
16-1-1550, which references offenders enrolled in the offender
management system. The South Carolina Department of
Probation, Parole and Pardon Services shall, prior to enrolling an
offender into the offender management system, give thirty days
prior written notice to any person or entity who has filed a written
request for notice. Any victim or witness pursuant to Section
16-3-1530(C) and any solicitor, law enforcement officer, or other
person or entity may request notice about an offender under this
section and may testify by written or oral statement for or against
the release. The South Carolina Department of Probation, Parole
and Pardon Services shall have authority to deny enrollment to
any offender based upon the statements of any person responding
to the notice of enrollment.
Section 24-22-100. Offenders enrolled in the offender
management system shall be required to participate in programs
designated by the South Carolina Department of Probation, Parole
and Pardon Services, including community control strategies.
These strategies may include, but are not limited to:
(a) the South Carolina Department of Probation, Parole and
Pardon Services Home Detention Supervision Program;
(b) day reporting centers;
(c) restitution centers;
(d) public service work programs;
(e) substance abuse programs;
(f) short term incarceration; and
(g) intensive supervision programs.
Section 24-22-110. Offenders enrolled in the offender
management system shall retain the status of inmates in the
jurisdiction of the South Carolina Department of Corrections.
Control over the offenders is vested in the South Carolina
Department of Corrections while the offender is in a reintegration
center and is vested in the South Carolina Department of
Probation, Parole and Pardon Services while the offender is in the
community. Offenders may be revoked from the offender
management system for a violation of any condition of the
offender management system. There shall be no right to appeal the
revocation decision of either department.
Section 24-22-120. At any time while an enrolled offender is
at a reintegration center, the enrolled offender may be disciplined
or removed from the offender management system, or both,
according to procedures established by the Department of
Corrections.
At any time during a period of community supervision, a
probation and parole agent may issue a warrant or a citation and
affidavit setting forth that the person enrolled in the offender
management system has in the agent's judgment violated the
conditions of the offender management system. Any police
officer or other officer with the power of arrest in possession of a
warrant may arrest the offender and detain such offender in the
county jail or other appropriate place of detention until such
offender can be brought before the Department of Probation,
Parole and Pardon Services. The offender shall not be entitled to
be released on bond pending a hearing.
Section 24-22-130. Offenders enrolled in the offender
management system shall not be given a parole hearing or
released on supervised furlough as long as the offender is on
offender management system status. Offenders who have vested
roll backs granted under the Prison Overcrowding Powers Act
shall not lose such benefits. Offenders enrolled in the offender
management system will remain in the offender management
system until the offender's sentence is satisfied, unless sooner
revoked.
Section 24-22-140. The enactment of this legislation shall not
create a `liberty interest' or an `expectancy of release' in any
offender now incarcerated or in any offender who is incarcerated
in the future.
Section 24-22-150. The offender management system must
not be initiated and offenders shall not be enrolled in the offender
management system unless appropriately funded out of the
general funds of the State.
During periods when the offender management system is in
operation and either the South Carolina Department of
Corrections or the South Carolina Department of Probation,
Parole and Pardon Services determines that its funding for the
system has been exhausted, the commissioner for the department
having made the determination that funds are exhausted shall
notify the commissioner of the other department, the Governor,
the Speaker of the House of Representatives, and the President
Pro Tempore of the Senate. The offender management system
shall then terminate until appropriate funding has been provided
from the general funds of the State.
Section 24-22-160. The Board of Corrections and the Budget
and Control Board shall establish the operating capacities of the
male prison population and the female prison population of the
prison system operated by the Department of Corrections and
shall, at least quarterly, certify existing operating capacities or
establish changed or new operating capacities."
Repeal
SECTION 2. Sections 24-3-1110, 24-3-1120, 24-3-1130,
24-3-1140, 24-3-1150, 24-3-1160, 24-3-1170, 24-3-1180,
24-3-1190, 24-3-2010, 24-3-2020, 24-3-2030, 24-3-2050, and
24-3-2060 of the 1976 Code are hereby repealed.
Regulations terminated
SECTION 3. The offender management system and any
regulations promulgated thereto shall terminate three years from
the date the Governor approves this act unless extended by the
General Assembly.
Time effective
SECTION 4. This act takes effect upon approval by the
Governor.
Approved the 1st day of July, 1992. |