S*0144(Rat #0339, Act #0407 of 2008)  Joint Resolution, By Malloy, McConnell, 
Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, 
Fair and Williams
 A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA SENTENCING REFORM
 COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION REGARDING SENTENCING
 GUIDELINES FOR CERTAIN OFFENSES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING
 PROCEDURES FOR OFFENDERS FOR WHOM TRADITIONAL IMPRISONMENT IS NOT APPROPRIATE;
 TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION; AND TO
 PROVIDE FOR THE STAFFING OF THE COMMISSION AND FOR THE TERMINATION OF THE
 COMMISSION NO LATER THAN JUNE 1, 2009. - ratified title

   12/12/06  Senate Prefiled
   12/12/06  Senate Referred to Committee on Judiciary
   01/09/07  Senate Introduced and read first time SJ-89
   01/09/07  Senate Referred to Committee on Judiciary SJ-89
   01/24/07  Senate Committee report: Favorable with amendment
                     Judiciary SJ-21
   01/25/07         Scrivener's error corrected
   02/07/07  Senate Amended SJ-40
   02/07/07  Senate Read second time SJ-40
   02/07/07  Senate Unanimous consent for third reading on next
                     legislative day SJ-40
   02/08/07  Senate Read third time and sent to House SJ-14
   02/08/07         Scrivener's error corrected
   02/13/07  House  Introduced and read first time HJ-13
   02/13/07  House  Referred to Committee on Judiciary HJ-14
   03/26/08  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   03/27/08  House  Amended HJ-24
   03/27/08  House  Read second time HJ-25
   03/27/08  House  Unanimous consent for third reading on next
                     legislative day HJ-25
   03/28/08  House  Read third time and returned to Senate with
                     amendments HJ-1
   04/01/08  Senate House amendment amended SJ-29
   04/01/08  Senate Returned to House with amendments SJ-29
   04/02/08         Scrivener's error corrected
   04/09/08  House  Non-concurrence in Senate amendment HJ-40
   05/28/08  Senate Senate insists upon amendment and conference
                     committee appointed Malloy, Rankin, and Cleary SJ-23
   05/28/08  House  Conference committee appointed Reps. GM Smith,
                     Kelly, and Jennings HJ-70
   06/04/08  House  Free conference powers granted HJ-62
   06/04/08  House  Free conference committee appointed Reps. GM
                     Smith, Kelly, and Jennings HJ-63
   06/04/08  House  Free conference report received and adopted HJ-63
   06/04/08  Senate Free conference powers granted SJ-174
   06/04/08  Senate Free conference committee appointed Rankin,
                     Malloy, and Cleary SJ-174
   06/04/08  Senate Free conference report adopted SJ-175
   06/05/08  House  Ordered enrolled for ratification HJ-85
   06/05/08         Ratified R 339
   06/11/08         Signed By Governor
   06/17/08         Copies available
   06/17/08         Effective date 06/11/08
   08/06/08         Act No. 407

(A407, R339, S144)

A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA SENTENCING REFORM COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION REGARDING SENTENCING GUIDELINES FOR CERTAIN OFFENSES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR OFFENDERS FOR WHOM TRADITIONAL IMPRISONMENT IS NOT APPROPRIATE; TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION; AND TO PROVIDE FOR THE STAFFING OF THE COMMISSION AND FOR THE TERMINATION OF THE COMMISSION NO LATER THAN JUNE 1, 2009.

Whereas, the General Assembly declares that the development of a rational and sound sentencing structure is in the best interest of South Carolina; and

Whereas, the General Assembly has determined to create an independent commission to review, study, and recommend legislation for sentencing guidelines, the parole system, and alternative sentencing procedures for nonviolent offenders. Now, therefore,

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

South Carolina Sentencing Reform Commission, establishment

SECTION    1.    (A)    There is established the South Carolina Sentencing Reform Commission composed of ten members as follows:

(1)    three members to be appointed by the chairman of the Senate Judiciary Committee;

(2)    three members to be appointed by the chairman of the House of Representatives Judiciary Committee;

(3)    three members of the Judiciary to be appointed by the Chief Justice of the South Carolina Supreme Court; and

(4)    one member to be appointed by the Governor.

(B)    The members of the commission may begin meeting when at least a quorum has been appointed and shall elect one member to serve as chairman.

(C)    The primary duty of the Sentencing Reform Commission is to prepare a comprehensive report that reviews and recommends:

(1)    appropriate changes to current sentencing guidelines for all offenses for which a term of imprisonment of more than one year is allowed;

(2)    maintaining, amending, or abolishing the current parole system; and

(3)    guidelines for legislation for offenders for whom traditional imprisonment is not considered appropriate.

(D)    The purpose of the report is to enable the General Assembly to consider the Sentencing Reform Commission's findings and determine whether state laws should be amended.

(E)    In making its recommendations concerning guidelines, the commission must consider current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities.

(F)    The Sentencing Reform Commission must deliver its report and recommendations to the chairman of the Senate Judiciary Committee and the chairman of the House Judiciary Committee no later than June 1, 2009, and the commission shall terminate when the report is made.

(G)    The Supreme Court shall provide appropriate staff for the commission. The chairman of the Senate Judiciary Committee may provide additional staff for the Senate members, and the chairman of the House Judiciary Committee may provide additional staff for the House members.

(H)    Members of the Sentencing Reform Commission may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.

(I)    The commission is encouraged to apply for and may expend federal funds, grants, and gifts it receives from other sources to carry out its duties and responsibilities.

Time effective

SECTION    2.    This joint resolution takes effect upon approval by the Governor.

Ratified the 5th day of June, 2008.

Approved the 11th day of June, 2008.