H 3842 Session 112 (1997-1998)
H 3842 General Bill, By Wilkins, Allison, Barfield, Barrett, Beck, Campsen,
Cato, Chellis, Cooper, J.L.M. Cromer, Davenport, Delleney, Easterday, Fleming,
Hamilton, Harrell, Harrison, Haskins, Hawkins, Hinson, J.H. Hodges, Jennings,
Keegan, Kelley, Klauber, Knotts, Leach, L.H. Limbaugh, Littlejohn, Loftis,
Mason, McCraw, W. McLeod, J.D. McMaster, Meacham, V.T. Mullen, Rice, Riser,
Robinson, Rodgers, Sandifer, Sharpe, Simrill, J. Smith, Stuart, Trotter, Walker,
Whatley, Woodrum and Young-Brickell
A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
CRIMES AND OFFENSES BY ADDING CHAPTER 2, SO AS TO PROVIDE ADVISORY SENTENCING
GUIDELINES.-SHORT TITLE
04/09/97 House Introduced and read first time HJ-13
04/09/97 House Referred to Committee on Judiciary HJ-16
02/10/98 House Committee report: Favorable with amendment
Judiciary HJ-2
02/12/98 House Requests for debate-Rep(s). Harrison, Sandifer,
Barrett, McMaster, Hawkins, Cato, Harrell,
Robinson, Fleming, R. Smith & Stille HJ-9
02/12/98 House Member(s) added as co-sponsor(s): Rep(s) Rice,
Robinson and McLeod HJ-6
02/24/98 House Member(s) added as co-sponsor(s): Rep(s) Campsen HJ-24
02/26/98 House Amended HJ-32
02/26/98 House Read second time HJ-62
02/26/98 House Roll call Yeas-81 Nays-26 HJ-62
02/26/98 House Member(s) request name removed as sponsor:
J.M.Baxley HJ-15
03/02/98 House Read third time and sent to Senate HJ-13
03/03/98 Senate Introduced and read first time SJ-9
03/03/98 Senate Referred to Committee on Judiciary SJ-9
05/28/98 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-13
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 28, 1998
H. 3842
Introduced by Reps. Wilkins, J. Smith, McMaster, Beck, Hawkins,
Delleney, Cromer, Davenport, Young-Brickell, Keegan, Allison,
Fleming, Barfield, Jennings, Kelley, Loftis, Hamilton, Sharpe,
Limbaugh, Mason, Sandifer, Meacham, McCraw, Hinson, Harrison,
Knotts, Harrell, Simrill, Haskins, Cooper, Cato, Walker, Woodrum,
Rodgers, Easterday, Klauber, Chellis, Mullen, Littlejohn, Stuart,
Whatley, Trotter, Barrett, Hodges, Riser, Leach, Rice, Robinson,
McLeod and Campsen
S. Printed 5/28/98--S.
Read the first time March 3, 1998.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 3842), to amend Title 16, Code of
Laws of South Carolina, 1976, relating to crimes and offenses by
adding Chapter 2, so as to provide advisory sentencing guidelines,
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, by striking all after the enacting
words and inserting therein the following:
/SECTION 1. Title 16 of the 1976 Code is amended by adding:
"CHAPTER 2
Advisory Sentencing Guidelines Act
Section 16-2-10. (A) This chapter may be cited as the 'South
Carolina Advisory Sentencing Guidelines Act'.
(B) Advisory Sentencing Guidelines apply equally to all offenders
in the State without regard to race, gender, or economic status.
(C) This chapter applies to all criminal offenses in South Carolina
punishable by maximum terms of imprisonment of one year or more
except offenses specifically excluded from this act as provided in
subsection (D).
(D) This chapter does not apply to offenses for which life
imprisonment is ordered under Section 17-25-45, the offense of
contempt of court under Section 14-5-320, the offenses of attempt
and conspiracy under Section 44-53-420, offenses with maximum
penalties of less than one year, sentences imposed as a result of
technical probation revocations, offenses exempt from classification
under Section 16-1-10(D) which carry the death penalty or life
imprisonment, or sentences imposed in accordance with the Youthful
Offender Act. However, this chapter applies to the above offenses
for purposes of scoring the offender's prior record.
(E) Offenses exempt from classification under Section 16-1-10(D)
which do not carry the death penalty or life imprisonment are treated,
for purposes of sentencing guidelines, as Felony A offenses.
(F) Offenses with provisions for mandatory minimum sentences
are subject to these guidelines. However, if the mandatory minimum
sentence is greater than the guidelines' recommendation, the
mandatory minimum sentence overrides the guidelines. If the
guidelines' recommendation is greater, the guidelines control.
(G) Fines and restitution, as provided by law, may be added to a
guidelines sentence.
(H) The South Carolina Sentencing Guidelines Commission shall
promulgate regulations which provide the sentencing guidelines grid,
a form to be used as a sentencing scoresheet, and a prior record form.
Section 16-2-20. As used in this chapter:
(1) 'Aggravating factors' means reasons justifying a sentence
above the presumptive sentencing range for the offense. A sentence
in the aggravating range is not considered a departure from
guidelines.
(2) 'Commission' means the South Carolina Sentencing Guidelines
Commission.
(3) 'Conviction' means a conviction, guilty plea, or plea of nolo
contendere and includes being convicted of a violation of a law of
another state or a city or county ordinance.
(4) 'Prior convictions' means felonies and misdemeanors, prior
convictions not classified at the time of conviction, federal
or out-of-state convictions, circuit, magistrate, and municipal court
convictions, and juvenile adjudications if the offense would be a
felony if committed by an adult. Prior convictions set aside or prior
convictions of which the defendant was pardoned for reasons
unrelated to innocence or legal error are calculated in the prior record
score. Expunged convictions are not calculated.
(5) 'Prior record score' means the summation of points associated
with previously imposed sentences.
(6) 'Departure' means a sentence which is either higher or lower
than what the appropriate grid cell recommends.
(7) 'Grid' means the sentencing guidelines matrix developed by the
Sentencing Guidelines Commission for all offenses punishable by
maximum terms of imprisonment of one year or more except offenses
specifically excluded in Section 16-2-10(D).
(8) 'Grid cell' means a block on the grid formed by the intersection
of the maximum penalty offense of the current convictions and all
other current convictions added to the offender's prior record score.
(9) 'Mitigating factors' means reasons justifying a sentence below
the presumptive sentencing range for a crime. A sentence in the
mitigated range is not a departure from guidelines.
(10) 'Presumptive sentence' means the recommended sentence for
the average case provided in a grid cell.
(11) 'Maximum penalty offense' means the current conviction
offense with the greatest maximum possible sentence.
(12) 'Community punishment' means financial sanctions, probation,
community punishment systems, nonresidential and residential
intermediate sanctions, or any other community-based disposition
under the jurisdiction of the South Carolina Department of Probation,
Parole, and Pardon Services.
(13) 'Community punishment systems' or 'CPS' means a community
punishment with maximum level supervision in the community by
the South Carolina Department of Probation, Parole, and Pardon
Services with caseload sizes limited by South Carolina Department
of Probation, Parole, and Pardon Services' policy.
(14) 'Residential and nonresidential intermediate sanctions' or 'IMS'
means a community punishment which may include boot camps,
restitution, community control centers, and any other residential
community punishment facility under the supervision of the South
Carolina Department of Probation, Parole, and Pardon Services, and
electronic monitoring, home detention, day reporting, intensive
supervision, and any other structured, intensive nonresidential
program under the supervision of the South Carolina Department of
Probation, Parole, and Pardon Services.
(15) 'Sentencing scoresheet' means a form promulgated by the
Sentencing Guidelines Commission and published in the State
Register and the Code of Regulations used to determine a sentence
under this chapter.
(16) 'Prior record form' means a form promulgated by the
Sentencing Guidelines Commission and published in the State
Register and the Code of Regulations used to determine a prior record
score under this chapter.
(17) 'Technical probation revocation' means probation is revoked
for anything other than the commission of another offense.
Section 16-2-30. (A) The court may consider this chapter when
determining the appropriate sentence for criminal offenses punishable
by maximum terms of imprisonment of one year or more excluding
those offenses specifically enumerated in Section 16-2-10(D).
(B) The advisory sentencing guidelines grid is two-dimensional.
The maximum penalty offense is used to select the appropriate
horizontal severity level. The current convictions score and the prior
record score are combined to produce the total point score used to
select the appropriate grid cell.
(C) There are three sentencing ranges within each grid cell:
(1) the presumptive range is designed for the average case with
no extraordinary circumstances;
(2) the aggravating range is designed for cases in which a longer
sentence is warranted based on the presence of aggravating factors
pursuant to Section 16-2-70(A);
(3) the mitigating range is designed for cases in which a lesser
sentence is warranted based on the presence of mitigating factors
pursuant to Section 16-2-70(C).
(D) The court has discretion to determine whether a sentence in the
aggravating or mitigating range is more appropriate for a particular
offender.
(E) The presumptive sentence for an offender who falls below the
bold dispositional line on the grid is a community punishment
sentence. The presumptive sentence for an offender who falls above
the bold dispositional line is imprisonment.
(F) The sentencing scoresheet and prior record form must be
initially scored by the solicitor's office and completed in final form
at the court's discretion. A copy of the sentencing scoresheet and
prior record form must be provided to the defendant's attorney, or to
the defendant if he is not represented by counsel, prior to or
contemporaneous with the submission to the court. Each solicitor's
office in the State will be allocated sufficient resources from the
General Assembly's annual appropriations act to comply with this act.
The sentencing scoresheet and prior record form must be made a part
of the record, and a copy must be sent by the solicitor to the South
Carolina Sentencing Guidelines Commission within ninety days of
sentencing.
(G) Split sentences are departures from the guidelines. Suspended
sentences are departures from the guidelines except when the
recommended guidelines sentence range permits a community
punishment under the following conditions:
(1) If the maximum penalty offense is classified as a Felony C
offense and the guidelines permit a community punishment, the
statutory maximum serves as the limit on the portion of the sentence
which may be suspended.
(2) If the maximum penalty offense is classified as a Felony D
offense and the guidelines permit a community punishment, the limit
on the portion of the sentence which may be suspended is seven
years.
(3) If the maximum penalty offense is classified as a Felony E
offense and the guidelines permit a community punishment, the limit
on the portion of the sentence which may be suspended is five years.
(4) If the maximum penalty offense is classified as a Felony F
offense and the guidelines permit a community punishment, the limit
on the portion of the sentence which may be suspended is three years.
(5) If the maximum penalty offense is classified as a
Misdemeanor A, B, or C offense and the guidelines permit a
community punishment, the statutory maximum serves as the limit on
the portion of the sentence which may be suspended.
(H) It is in the discretion of the court to determine if a departure
from the guidelines' recommendation is warranted. If the court
determines that a sentence more severe or less severe than
recommended in this chapter is warranted, the court may depart from
the guidelines and sentence at its discretion. The court may, in its
discretion, depart from the guidelines in cases which include, but are
not limited to, those in which the defendant provided substantial
assistance to the State, when the defendant suffers from significantly
reduced mental capacity, or when there is an early acceptance of
responsibility by the defendant as set forth below.
If the defendant has provided substantial assistance in the
investigation or prosecution of another person, the court may
determine an appropriate reduction in the defendant's sentence by
considering the following:
(1) Evaluation of the significance and usefulness of the
defendant's assistance, taking into consideration the state's evaluation
of the assistance rendered.
(2) The truthfulness, completeness, and reliability of any
information provided by the defendant.
(3) The nature and extent of the defendant's assistance.
(4) An injury suffered, or any danger or risk of injury to the
defendant or his family resulting from the assistance.
(5) The timeliness of the defendant's assistance.
The court, on motion of the State or the defense, may reduce a
sentence to reflect a defendant's subsequent substantial assistance in
the investigation or prosecution of another person who has committed
an offense. The reduction of the sentence pursuant to this section
may be made at any time after the imposition of the sentence if it is
based on information or evidence not known by the defendant at the
time of sentencing. The motion for a reduction in sentence must be
made within one year from the date of sentencing if the reduction of
the sentence would be based on information or evidence known by
the defendant at the time of sentencing.
The court, on a motion of the State, may reduce a sentence to reflect
the defendant's acceptance of responsibility that occurred within
ninety days of the arrest or within a time frame set at the discretion
of the solicitor.
If the defendant suffers from significantly reduced mental capacity,
the court may determine an appropriate reduction in the defendant's
sentence by considering whether the defendant committed a
nonviolent offense while suffering from significantly reduced mental
capacity not resulting from voluntary use of drugs or other
intoxicants. A lower sentence may be warranted to reflect the extent
the reduced mental capacity contributed to the commission of the
offense.
(I) Unless specifically prohibited, a person who has been
convicted of any criminal offense may be given a community
punishment provided in this chapter if the class of the offense, current
convictions, and prior record level authorizes a community
punishment as a type of sentence disposition.
(J) The South Carolina Department of Probation, Parole, and
Pardon Services must develop a plan to provide offender services
regarding community punishment under this chapter. The programs
designed to accommodate these offenders shall hold offenders
accountable for making restitution, require compliance with the
court's judgment, appropriately punish and rehabilitate offenders by
directing them to specialized treatment or educational programs, and
protect public safety. This plan must be submitted to the Speaker of
the House and the Chairman of the Senate Judiciary Committee
within one hundred eighty days after the effective date of this act.
(K) Community punishments available under this chapter include,
but are not limited to:
(1) Residential Intermediate Sanctions or IMS which include
boot camps, restitution, community control centers, and any other
residential community punishment facilities under the supervision of
the South Carolina Department of Probation, Parole, and Pardon
Services.
(2) Nonresidential Intermediate Sanctions or IMS which include
electronic monitoring, home detention, day reporting, intensive
supervision, and any other structured, intensive nonresidential
program under the supervision of the South Carolina Department of
Probation, Parole, and Pardon Services.
(3) Community Punishment Systems or CPS which include
community punishment with maximum level supervision in the
community by the South Carolina Department of Probation, Parole,
and Pardon Services with caseload sizes limited by South Carolina
Department of Probation, Parole, and Pardon Services' policy.
(4) Probation pursuant to Title 24, Chapter 21, Article 5.
Section 16-2-40. To determine a guidelines sentence, the court
must:
(1) determine the maximum penalty offense to select the
appropriate horizontal severity level;
(2) determine the current convictions score pursuant to Section
16-2-60 (A);
(3) determine the prior record score pursuant to Section 16-2-60
(B);
(4) add the current convictions score to the prior record score to
produce the total point score. Use the total point score to select the
appropriate vertical point column;
(5) determine the intersection of the appropriate horizontal
severity level and the appropriate vertical point column produces the
appropriate grid cell;
(6) determine if aggravating or mitigating factors, pursuant to
Section 16-2-70, apply and select the appropriate sentencing range.
All guidelines ranges are years of maximum confinement;
(7) select a sentence at any place within the appropriate sentencing
range.
Section 16-2-50. For purposes of sentencing, the 'South Carolina
Sentencing Guidelines Grid', as promulgated by the Sentencing
Guidelines Commission and published in the State Register and the
Code of Regulations, applies to criminal offenses with maximum
terms of imprisonment of one year or more, except those offenses
specifically excluded from this chapter provided in Section
16-2-10(D), committed one year after this act's effective date.
Section 16-2-60. (A) The current convictions score for the
purpose of Section 16-2-40 must be calculated pursuant to
regulations promulgated by the Sentencing Guidelines Commission
and published in the State Register and the Code of Regulations.
(B)(1) The prior record score for the purpose of Section 16-2-40
must be calculated pursuant to regulations promulgated by the
Sentencing Guidelines Commission and published in the State
Register and the Code of Regulations.
(2) Federal or out-of-state convictions are scored for purposes
of the prior record score.
(3) Circuit, magistrate, and municipal court convictions, and
juvenile adjudications that would be felonies if committed by an adult
are scored accordingly.
(4) Any prior sentence of over one year imposed more than
fifteen years before the defendant's current conviction is not scored
unless the prior sentence extends into the current fifteen-year period.
Any prior sentence of one year or less imposed more than ten years
before the defendant's current conviction is not scored.
Section 16-2-70. (A) When determining whether an aggravated
sentence is warranted, the court may consider the following factors:
(1) The offense resulted in serious bodily injury to a victim.
(2) The victim was treated with particular cruelty for which the
offender should be held responsible.
(3) The victim was particularly vulnerable due to age, infirmity,
or reduced physical or mental capacity which was known or should
have been known to the offender.
(4) The offense resulted in protracted mental or emotional
distress to a victim.
(5) The defendant committed the offense while he was:
(a) on probation;
(b) a parolee;
(c) on work release;
(d) on furlough;
(e) an escapee;
(f) released on bond;
(g) under community supervision; or
(h) serving an active sentence.
(6) The defendant possessed a firearm, visibly displayed what
appeared to be a firearm, visibly displayed a knife, or used an object
capable of causing death or inflicting serious bodily injury during the
commission of the offense.
(7) The defendant induced others to participate in the
commission of the offense or occupied a position of leadership or
dominance over other participants.
(8) The defendant attempted to obstruct justice by intimidating
a witness or juror, destroying evidence, or otherwise hindering the
enforcement of laws in the investigation, prosecution, or sentencing
of the defendant's case.
(9) A defendant's refusal to assist authorities in the investigation
of other persons should not be considered as an aggravating
sentencing factor.
(B) An aggravated sentence generally should not be given if the
aggravating circumstance is an element of the offense. Exceptions to
this general rule are:
(1) the common law offense of assault and battery of a high and
aggravated nature;
(2) lewd act on a minor (Section 16-15-140).
(C) When determining whether a mitigated sentence is warranted,
the court may consider the following factors:
(1) The defendant is over sixty-five years of age.
(2) The defendant suffers from extraordinary physical
impairments. Impairments do not include drug or alcohol problems.
(3) The victim was the aggressor in the incident or induced or
facilitated its commission.
(4) The defendant played a minor role or passive role in the
offense.
(5) The defendant clearly demonstrates a recognition and
affirmative acceptance of personal responsibility for his conduct.
(6) The offense is indicative of aberrant behavior on behalf of
the defendant.
(7) The defendant participated under circumstances of coercion
or duress.
(D) Aggravating and mitigating factors provided for in this section
are examples of factors that the court may wish to consider when
determining an appropriate sentence for an offender. The court, in its
discretion, may determine the existence of these or any other factors
which may warrant a sentence in the aggravating or mitigating
ranges.
Section 16-2-80. If the guidelines contained in this chapter are
silent or vague, the sentencing judge may provide a reasonable
interpretation."
SECTION 2. Section 16-1-10(D) of the 1976 Code, as last
amended by Part II, Section 70B of Act 164 of 1993, is further
amended to read:
"(D) The following offenses are classified as exempt
under subsections (A) and (B):
12-21-2790 Interference with proper operation of
video game machine
12-21-6000(B) Possessing marijuana or controlled
substances without appropriate stamps
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
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
16-3-430 Killing in a duel
16-3-620 Assault with intent to kill (if sentenced for
the common law offense of assault and
battery of a high and aggravated nature)
16-3-910 Kidnapping (if sentenced for murder)
16-11-311(B) Burglary first degree
16-11-540 Damaging or destroying building, vehicle
or other property by means of explosive
incendiary, death results
16-25-65 Criminal domestic violence of a high and
aggravated nature
23-36-170(c), (d) Penalty (violation of South Carolina
Explosives Control Act) Third, fourth, or
subsequent offenses
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(e)(1)(a)3 Prohibited Acts A, penalties (trafficking in
marijuana, 10 pounds or more, but less
than 100 pounds) Third or subsequent
offenses
44-53-370(e)(1)(b) Prohibited Acts A, penalties (trafficking in
marijuana, 100 pounds or more of
marijuana, but less than 2,000 pounds)
44-53-370(e)(1)(c) Prohibited Acts A, (trafficking in
marijuana, 2000 pounds or more, but less
than 10,000 pounds)
44-53-370(e)(1)(d) Prohibited Acts A, penalties (trafficking in
marijuana, 10,000 pounds of marijuana or
more)
44-53-370(e)(2)(a)(3) Prohibited Acts A, penalties (trafficking in
cocaine, 10 grams or more, but less than
28 grams) Third or subsequent offense
44-53-370(e)(2)(b)(3) Prohibited Acts A, penalties (trafficking in
cocaine, 28 grams or more, but less than
100 grams)
44-53-370(e)(2)(c) Prohibited Acts A, penalties (trafficking in
cocaine, 100 grams or more, but less than
200 grams)
44-53-370(e)(2)(d) Prohibited Acts A, penalties (trafficking in
cocaine, 200 grams or more, but less than
400 grams)
44-53-370(e)(2)(e) Prohibited Acts A, penalties (trafficking in
cocaine, 400 grams or more)
44-53-370(e)(3)(a)(2) Prohibited Acts A, penalties (trafficking in
illegal drugs, 4 grams or more, but less
than 14 grams) Second or subsequent
offense
44-53-370(e)(3)(b) Prohibited Acts A, penalties (trafficking in
illegal drugs, 14 grams or more, but less
than 28 grams)
44-53-370(e)(3)(c) Prohibited Acts A, penalties (trafficking in
illegal drugs, 28 grams or more)
44-53-370(e)(4)(a)(2) Prohibited Acts A, penalties (trafficking in
methaqualone, 15 grams or more, but less
than 150 grams) Second or subsequent
offense
44-53-370(e)(4)(b) Prohibited Acts A, penalties (trafficking in
methaqualone, 150 grams but less than
1,500 grams)
44-53-370(e)(4)(c) Prohibited Acts A, penalties (trafficking in
methaqualone, possession of 1,500 grams,
but less than 15 kilograms of
methaqualone)
44-53-370(e)(4)(d) Prohibited Acts A, penalties (trafficking in
methaqualone, 15 kilograms or more)
44-53-370(e)(5)(a)(3) Prohibited Acts, penalties (trafficking in
LSD, 100 dosage units or more, but less
than 500 dosage units) Third or
subsequent offense
44-53-370(e)(5)(b)(3) Prohibited Acts, penalties (trafficking in
LSD, 500 dosage units or more, but less
than 1,000 dosage units) Third or
subsequent offense
44-53-370(e)(5)(c) Prohibited Acts, penalties (trafficking in
LSD, 1,000 dosage units or more)
44-53-375(C)(1)(c) Trafficking in ice,
crank, or crack cocaine 10 grams or more,
but less than 28 grams Third or
subsequent offense
44-53-375(C)(2)(c) Trafficking in ice, crank, or crack cocaine
28 grams or more, but less than 100 grams
Third or subsequent offense
44-53-375(C)(3) Trafficking in ice, crank, or crack cocaine
100 grams or more, but less than 200
grams
44-53-375(C)(4) Trafficking in ice, crank, or crack cocaine
200 grams or more, but less than 400
grams
44-53-375(C) Trafficking in ice, crank, or crack cocaine
400 grams
or more
44-53-445 Distribute, sell, or manufacture, or possess
with intent to distribute crack cocaine
within proximity of school
56-5-2780(B)(1) Unlawfully passing a stopped school bus
where great bodily injury results
56-5-2947 Child endangerment
56-15-590 Failure of a motor vehicle auction to keep
required records or make them available
for inspection
58-17-4090 Penalty for obstruction of railroad if death
of human being results
Only criminal offenses with a maximum penalty of life
imprisonment or death are felonies exempt from the classification
system. This does not include offenses for which a sentence of life
imprisonment may be given pursuant to Section
17-25-45."
SECTION 3. Section 16-1-20(B) of the 1976 Code, as last
amended by Part I, Section 1 of Act 7 of 1995, is further amended to
read:
"(B) For all offenders sentenced on or after July 1, 1993, the
minimum term of imprisonment required by law does not apply to
the offenses listed in Sections 16-1-90 and 16-1-100 unless the
offense refers to a mandatory minimum sentence or the offense
prohibits suspension of any part of the sentence. Offenses listed in
Section 16-1-10(C) and (D) are exempt and minimum terms of
imprisonment are applicable. No sentence of imprisonment precludes
the timely execution of a death sentence."
SECTION 4. Section 16-1-30 of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"Section 16-1-30. All criminal offenses created by statute
after July 1, 1993, must be provided by statute or in common
law with maximum terms of imprisonment of three years or less are
misdemeanors and are automatically classified according to the
maximum term of imprisonment provided in the statute and pursuant
to Sections 16-1-10 and 16-1-20,. All criminal offenses
provided by statute or in common law with maximum terms of
imprisonment of five years or more are felonies and are automatically
classified according to the maximum term of imprisonment provided
in the statute and pursuant to Sections 16-1-10 and 16-1-20,
except offenses that are exempt from classification as
provided in Section 16-1-10(D)."
SECTION 5. Section 16-3-1075(B)(1) of the 1976 Code, as
added by Act 163 of 1993, is amended to read:
"(1) be imprisoned not more than fifteen
twenty years; or"
SECTION 6. Section 24-3-20(B) of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"(B) When the director determines that the character and
attitude of a prisoner reasonably indicates that he may be trusted, 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) 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 Article
15, Chapter 3 of Title 16 and the trial judge, solicitor, and sheriff of
the county or the law enforcement agency of the jurisdiction 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 A prisoner's place of confinement may
not 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
attempting to commit a lewd act on a child; engaging a child for
sexual performance; or spousal sexual battery. No A
prisoner who is serving a sentence for a 'no parole offense' as
defined in Section 24-13-100 Class A, B, or C felony or an
offense exempt from classification contained in Section 16-1-10(D),
which is punishable by a maximum term of imprisonment of twenty
years or more 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."
SECTION 7. Section 24-13-125 of the 1976 Code, as added by
Act 83 of 1995, is amended to read:
"Section 24-13-125. (A) Notwithstanding any other
provision of law, except in a case in which the death penalty or a
term of life imprisonment is imposed, a prisoner convicted of a
'no parole offense', as defined in Section 24-13-100, Class
A, B, or C felony or an offense exempt from classification contained
in Section 16-1-10(D), which is punishable by a maximum term of
imprisonment of twenty years or more 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 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.
(C) This section does not apply to a prisoner confined in a
local correctional facility except a prisoner confined in a local facility
pursuant to a designated facility agreement."
SECTION 8. Section 24-13-150 of the 1976 Code, as added by
Act 83 of 1995, is amended to read:
"Section 24-13-150. (A) Notwithstanding any other
provision of law, except in a case in which the death penalty or a
term of life imprisonment is imposed, a prisoner convicted of a
'no parole offense' as defined in Section 24-13-100 an
offense 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 24-21-560, 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, early release, discharge, or community supervision by
another provision of law to be eligible for work release, early release,
discharge, or community supervision.
(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.
(C) This section does not apply to a prisoner confined in a
local correctional facility except a prisoner confined in a local facility
pursuant to a designated facility agreement."
SECTION 9. Section 24-13-210 of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"Section 24-13-210. (A) A prisoner convicted of an
offense against this State, except a 'no parole offense' 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 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 conduct credit is
computed.
(B) A prisoner convicted of a 'no parole
offense' an 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
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 A
prisoner convicted of a 'no parole offense' is not
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.
(C)(B) A prisoner convicted of an offense against
this State and sentenced to 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
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 conduct credits must be computed.
(D)(C) 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 good
conduct 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 good
conduct credit he has earned may be forfeited in the discretion of the
local official having charge of the prisoner. The decision to withhold
forfeited good conduct time is solely the responsibility of officials
named in this subsection.
(E)(D) 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)(E) 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 pre-release or community supervision
program as provided in Section 24-21-560."
SECTION 10. Section 24-13-230 of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"Section 24-13-230. (A) The Director of the Department
of Corrections may allow any prisoner in the custody of the
department, except a prisoner convicted of a 'no parole 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. A maximum annual credit for both work
credit and education credit is limited to one hundred eighty days.
(B) The Director of the Department of Corrections
may allow a prisoner in the custody of the department serving a
sentence for a 'no parole 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 prisoner 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 A prisoner convicted of a 'no
parole offense' is not entitled to a reduction below the
minimum term of incarceration provided in Section 24-13-125 or
24-13-150. A maximum annual credit for both work credit and
education credit is limited to seventy-two days.
(C)(B) 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 pre-release or community supervision
program as provided in Section 24-21-560.
(D)(C) 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. If a prisoner commits an offense or
violates one of the rules of the institution during his term of
imprisonment all or part of the work credit or education
educational credit he has earned may be forfeited in the
discretion of the official having charge of the prisoner.
(E)(D) The official in charge of a local detention
or correctional facility to which persons convicted of offenses against
the State are sentenced 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.
(F)(E)(1) An individual is only eligible
only 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.
(G)(F) The South Carolina Department of
Corrections may not pay any tuition for college courses."
SECTION 11. Section 24-13-430(2) of the 1976 Code is
amended to read:
"(2) Any inmate of the Department of Corrections, city or
county jail, or public works of any county that who
participates in a riot or any other acts of violence shall be
deemed is guilty of a felony and, upon
conviction, shall must be imprisoned for not
less than five years nor more than ten twenty
years."
SECTION 12. Section 24-13-650 of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"Section 24-13-650. No An offender
committed to incarceration for a violent offense as defined in Section
16-1-60 or a 'no parole offense' as defined in Section
24-13-100 Class A, B, or C felony or an offense exempt from
classification contained in Section 16-1-10(D), which is punishable
by a maximum term of imprisonment of twenty years or more
may not 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 13. Section 24-13-710 of the 1976 Code, as last
amended by Act 83 of 1995, is further 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 'no
parole offense' as defined in Section 24-13-100 Class A, B,
or C felony or an offense exempt from classification contained in
Section 16-1-10(D) which is punishable by a maximum term of
imprisonment of twenty years or more, 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 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 14. Section 24-13-720 of the 1976 Code, as last
amended by Act 83 of 1995, is further 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 'no parole offense' as defined
in Section 24-13-100 may Class A, B, or C felony or an
offense exempt from classification contained in Section 16-1-10(D)
which is punishable by a maximum term of imprisonment of twenty
years or more, within six months of the expiration of his
sentence, may 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 15. Section 24-13-1310(1)(c) of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"(c) who has not been convicted of a violent crime as
defined in Section 16-1-60 or a 'no parole offense' as defined in
Section 24-13-100 Class A, B, or C felony or an offense
exempt from classification contained in Section 16-1-10(D), which
is punishable by a maximum term of imprisonment of twenty years
or more;"
SECTION 16. Section 24-21-30 of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"Section 24-21-30. (A) A person who commits a 'no
parole offense' as defined in Section 24-13-100 an
offense on or after the effective date of this section is not eligible
for parole consideration, but. A person who is convicted
of a Class A, B, or C felony or an offense exempt from classification
contained in Section 16-1-10(D), which is punishable by a maximum
term of imprisonment of twenty years or more must complete a
community supervision program as set forth in Section 24-21-560
prior to before his discharge from the sentence
imposed by the court. For all offenders who are eligible for parole,
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 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 commits a
violent crime as defined in Section 16-1-60 which is not included
as a 'no parole offense' as defined in Section 24-13-100 on or
after the effective date of this section by a two-thirds
majority vote of the full board before January 1, 1996, by
a two-thirds vote of the full board unless prohibited by Section
24-21-640. The board may grant parole to an offender who commits
a crime under Section 16-11-312(B), 44-53-370(e)(1)(a)(1),
44-53-370(e)(2)(a)(1), 44-53-370(e)(4)(a)(1), 44-53-370(e)(5)(a)(1),
or 44-53-375(C)(1)(a) before the effective date of this section by a
two-thirds 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 committed before the effective date
of this section or a 'no parole 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 'no parole offense' as defined in Section
24-13-100 an offense on or after the effective date of
this section to be eligible for parole."
SECTION 17. Section 24-21-560 of the 1976 Code, as added by
Act 83 of 1995, is amended to read:
"Section 24-21-560. (A) Notwithstanding any other
provision of law, except in a case in which the death penalty or a
term of life imprisonment is imposed, any a sentence
involving incarceration for a Class A, B, or C felony or a
thirty-year murder sentence under Section 16-3-20 for a 'no
parole offense' as defined in Section 24-13-100 must include
any a term of incarceration and completion of a
community supervision program operated by the Department of
Probation, Parole, and Pardon Services. No A
prisoner who is serving a sentence for a 'no parole offense' is
not 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. A sentence for a term of
incarceration less than twenty years imposed in general sessions court
for a crime committed on or after the effective date of this act, in the
discretion of the sentencing judge, may include a requirement for
completion of a community supervision program. 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 be required to serve terms of
incarceration for successive revocations, as provided in Section
24-21-560(C), and may be required to serve additional periods of
community supervision for successive revocations, as provided in
Section 24-21-560(D). The maximum aggregate amount of time the
prisoner may be required to serve when sentenced for successive
revocations may not exceed an amount of time equal to the length of
incarceration imposed for the original 'no parole offense'
offense. The original term of incarceration 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 'no parole offense'
Class A, B, or C felony, a thirty-year sentence for murder under
Section 16-3-20, or a sentence in which community supervision is
ordered 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 'no
parole offense' Class A, B, or C felony or a thirty-year
sentence for murder under Section 16-3-20 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."
SECTION 18. Section 24-26-10(A) of the 1976 Code, as last
amended by Act 7 of 1995, is further amended to read:
"(A) There is established the South Carolina Sentencing
Guidelines Commission composed of thirteen
fourteen voting members as follows:
(1) a justice of the Supreme Court, appointed by the Chief
Justice of the Supreme Court;
(2) two circuit court judges, appointed by the Chief Justice of
the Supreme Court;
(3) three members of the Senate to be designated by the
chairman of the Senate Judiciary Committee;
(4) three members of the House designated by the chairman of
the House Judiciary Committee;
(5) an attorney, experienced in the practice of criminal law,
appointed by the Governor from a list of candidates submitted by the
President of the South Carolina Bar;
(6) the Dean of the Law School of the University of South
Carolina or his designee;
(7) the South Carolina Attorney General, or his designee, to
serve ex officio;
(8) a solicitor appointed by the Chairman of the South Carolina
Circuit Solicitors' Association;
(9) an attorney, experienced in the practice of criminal defense,
designated by the chairmen of the Senate and House Judiciary
Committees from a list of candidates submitted by the President of
the South Carolina Association of Criminal Defense
Lawyers."
SECTION 19. Sections 2-13-66, 16-1-90, 16-1-100, 16-1-110,
and 24-13-100 of the 1976 Code are repealed.
SECTION 20. If any section, paragraph, provision, or portion of
this act is held to be unconstitutional or invalid by a court of
competent jurisdiction, this holding shall not affect the
constitutionality or validity of the remaining portions of this act, the
General Assembly hereby declares that the provisions of this act are
severable from each other.
SECTION 21. All proceedings pending and all rights and
liabilities existing, acquired, or incurred at the time this act takes
effect are saved. Except as otherwise provided, the provisions of this
act apply prospectively to crimes and offenses committed on or after
the effective date of this act.
SECTION 22. Sections 2, 3, 4, and the repeal of Sections
2-13-66, 16-1-90, 16-1-100, and 16-1-110 take effect upon approval
by the Governor. The remainder of the act and the repeal of Section
24-13-100 take effect one year after approval by the Governor and
apply to all crimes committed on and after that date./
Amend title to conform.
Majority favorable. Minority unfavorable.
GLENN F. McCONNELL ROBERT FORD
For Majority. For Minority.
STATEMENT OF ESTIMATED FISCAL
IMPACT
ESTIMATED FISCAL IMPACT ON GENERAL FUND
EXPENDITURES IS:
See Below
Summary of Costs
The cost associated with the passage of Advisory Sentencing
Guidelines are as follows:
1) By 2011 an additional cost of $100,000,000 for capital projects,
$50,175,592 for operating expenses, $253,560 for non-recurring
items, and 1,074 FTE's is estimated.
2) Of this amount, the Department of Corrections would incur the
estimated capital cost for the construction of two new prisons in
order to house an additional 2,886 offenders. The annual
operating cost for these facilities is $43,000,000 and 1,000
FTEs. It should be noted, however, that without Advisory
sentencing Guidelines, Corrections estimates that it would have
needed these two facilities by the year 2022 under current
projections.
3) After 2011, the impact of Advisory Sentencing Guidelines is
expected to decrease the number of required beds from 2,886
above current projections to 1,230 below current projections.
4) Department of Probation, Pardon, and Parole would require an
increase of $4,106,000 in operating funds, $127,500 in
nonrecurring items, and 56 FTE's, all within the first two years
of implementation. Of the remaining total cost, the Judicial
Department would incur an increase of $976,592 in operating
funds, $114,060 in nonrecurring, and 15 FTE's.
5) The remaining costs of $2,093,000 in operating expenses, $12
,000 in nonrecurring, and 3 FTE's, is spread among other
agencies affected by this legislation. However, several of these
agencies could not provide dollar figures as they had no reliable
basis for quantifying their needs.
South Carolina Department of Corrections (SCDC):
The projection of possible impact is estimated on the following
assumptions:
(A) Advisory Sentencing Guidelines grid would be followed by
judges 100% of the time.
(B) Constant Model - This model assumes at the time of bill passage
population remains the same and admissions continue at current
levels. It was used due to the unpredictable nature of the
changing demographic pool.
(C) Community Punishments as approved with Advisory Sentencing
Guidelines would be fully funded at the Department of
Probation, Parole, and Pardon Services.
Data supplied by the Department of Corrections provide
projections of the potential impact on inmate populations through the
year 2030,which are as follows, however, given the varied cost
assumptions that could be applied to those inmate trends costs figures
beyond 2011 are not furnished in this analysis.
IMPACT ON INMATE ADMISSIONS
Projected Projected
SCDC SCDC
Admissions Admissions Change
Fiscal With Without Due To
Year Guidelines Guidelines Guidelines
99 22,646 22,646 0
00 21,448 23,037 (1,589)
01 22,062 23,299 (1,237)
02 24,039 23,466 573
03 25,342 23,725 1,617
04 25,770 24,059 1,711
05 26,386 24,435 1,951
06 26,610 24,844 1,766
07 26,994 25,256 1,738
08 27,675 25,699 1,976
09 28,442 26,204 2,238
10 29,208 26,666 2,542
11 29,975 27,089 2,886
12 30,067 27,496 2,571
13 30,159 27,893 2,266
14 30,251 28,255 1,996
15 30,253 28,572 1,681
16 30,255 28,875 1,380
17 30,257 29,181 1,076
18 30,259 29,464 795
19 30,261 29,717 544
20 30,263 29,953 310
21 30,265 30,189 76
22 30,265 30,400 (135)
23 30,265 30,563 (298)
24 30,265 30,701 (436)
25 30,265 30,845 (580)
26 30,265 30,983 (718)
27 30,265 31,120 (855)
28 30,265 31,249 (984)
29 30,265 31,377 (1,112)
30 30,265 31,495 (1,230)
The data gives an approximation of the number of offenders who
may be affected by this legislation at the South Carolina Department
of Corrections. The chart estimates the number of additional beds
required combining current projections and advisory sentencing
guidelines.
The impact of Advisory Sentencing Guidelines would be the need
for an additional 2,886 beds. The associated costs are $100 million
in additional capital costs and $43 million in operating costs for two
additional 1,500 bed institutions.
This is in addition to 4,443 additional beds required if admissions
continue at current levels. The associated costs are $150 million in
additional capital costs and $64.5 million in operating costs for three
additional 1,500 bed institutions.
The estimated fiscal impact to meet this total need would be $250
million in additional capital costs based on Fiscal Year 1998 dollars.
Construction costs per 1,500 bed institution is estimated at $50
million. Additional operating costs required by SCDC through Fiscal
Year 2011 is estimated to cost $107.5 million. Operating costs per
institution is estimated at $21.5 million.
Without the Advisory Sentencing Guidelines the two new 1,500
bed institutions and operating costs associated with the institutions
would still be necessary under current laws by Fiscal Year 2022.
Advisory Sentencing Guidelines using the Constant Model could
result in a prison bed savings of approximately 1,230 beds by 2030.
South Carolina Department of Probation, Parole, and Pardon
Services (SCDPPPS):
The projection of the possible impact to SCDPPPS is estimated
on the following assumptions:
(A) Advisory Sentencing Guidelines grid would be followed by
judges 100% of the time.
(B) Constant Model and the impact will be realized within two
years.
(C) Offenders sentenced to Intermediate Sanctions will remain with
SCDPPPS for six months.
(D) Offenders may be placed in Intermediate Sanctions as a result of
their failure to abide by the conditions of Probation or
Community Punishment Sanction.
The Sentencing Guidelines grid provides for four probationary
sanction types based on the crime severity level.
(1) Intermediate Sanction/Residential: The offender impact
projection for this sanction is 683. To manage the projected
offender population with this sanction, the Department would
need two additional 96 bed Community Control Centers and five
additional Restitution Centers. The SCDPPPS and SCDC have
agreed to identify existing low security institutions that could be
converted for use as Community Control and Restitution
Centers. The base funding for the converted beds would be
transferred with appropriate executive and legislative approvals
from the Department of Corrections to the Department of
Probation, Parole, and Pardon Services. Estimated cost for this
sanction is minimal.
(2) Intermediate Sanction/Non Residential: The offender
impact projection for this sanction is 1,518. Based on the crime
severity level of these offenders, SCDPPPS would provide
intensive supervision. This includes regular drug testing,
maintaining 25% of this population under electronic monitoring,
and providing case services. Estimated cost for this sanction
$666,227, recurring funds. Offenders in this sanction would be
supervised in caseloads of 35 within existing Department
personnel.
(3) Community Punishment Sanction: The offender impact
projection for this sanction is 3,543. Based on this offender
impact number, the Department would net 1,772 new offenders
and increase supervision sanctions for 1,771 existing offenders
currently supervised. The caseload is 100 per agent. The
Department proposes to supervise offenders in caseloads of 50
for closer supervision, enhanced surveillance, regularly drug
test, case services, and to require offenders to engage in public
service work. Estimated cost for this sanction $3,439,480
recurring funds, $127,500 non-recurring funds and 56 FTE's.
(4) Regular Probation: Offender impact would be
supervised within existing resources.
The estimated fiscal impact to the agency is $4,105,707 recurring
funds, $127,500 non-recurring funds and 56 FTE's.
South Carolina Prosecution Coordination Commission:
The Commission estimates the costs associated with implementing
this Act at $1,953,000. This estimate was based on the 1990 census
and the requirements imposed on the Sixth Judicial Circuit, which
disposed of 3,197 out of 110,481 General Sessions warrants during
calendar year 1997. At a minimum, the Sixth Judicial Circuit would
need two additional employees to handle specified duties of Advisory
Sentencing Guidelines. These two employees would consist of an
attorney and administrative specialist (paralegal). The costs of these
two employees at the minimum salary with associated employer
contributions would equal $50,303. Operating costs are estimated at
$10,900. This total cost equates to an increased per capita allocation
of $0.56. Extrapolating the per capita estimate to the statewide 1990
census of 3,486,703, a $0.56 per capita equals $1,953,000.
South Carolina Office of Appellate Defense:
The agency indicates the impact of the legislation is not
determinable because there exists no available data upon which to
base an estimate of Advisory Sentencing Guidelines. The agency
believes that defendants facing Truth in Sentencing charges would
be less likely to enter pleas of guilty and will demand trial. Increases
in the number of trials will result in a slower disposition of cases and
more case expenses. Currently the average case load per attorney
within the agency is one hundred cases. Therefore, for every increase
of one hundred cases, the Office of Appellate Defense will require
one additional attorney.
Commission on Indigent Defense:
The agency indicates the impact of the legislation is not
determinable because there exists no available data upon which to
base an estimate of Advisory Sentencing Guidelines. The agency
believes that defendants facing Truth in Sentencing charges would be
less likely to enter pleas of guilty and will demand trial. Increases in
the number of trials will result in a slower disposition of cases and
more case expenses. The agency believes that for every increase of
three hundred cases an additional public defender attorney will be
required, costs of which are shared by local and state government.
Sentencing Guidelines Commission:
The Sentencing Guidelines Commission has indicated that this bill
would have an impact to the Commission of $25,000 of which
$20,000 is recurring. The $20,000 recurring dollars would pay for
the cost of hiring one additional staff person to do data entry. The
$5,000 non-recurring dollars would be needed to purchase a
computer for the new position.
Attorney General's Office:
The agency indicates the implementation of the bill is estimated to
result in an increase in the workload of criminal prosecutors. Based
on current staffing levels of criminal prosecutors, an additional
attorney would be required, besides administrative and legal support.
The fiscal impact on the General Fund is estimated to be $127,000.
The cost includes personal services and employer contributions of
$108,000 for an attorney and a paralegal, and $19,000 for other
operating expenses (non-recurring $7,000).
Judicial Department:
The South Carolina Court Administration of the Judicial
Department has indicated that this bill would impact the Department
by $1,090,652 consisting of $976,592 recurring and $114,060
nonrecurring and 15 FTE's. Of the recurring cost $844,092 would
be needed for three new circuit court judges and staff ( three
Administrative Assistants, three Court Reporters, three Law Clerks
) to handle the increase in the number of jury trials in order to
prevent any trial court delays. The remaining $132,500 recurring
would be needed for two program coordinators and one accountant.
The program coordinators would provide training and technical
assistance to clerks of court and judges related to the new guidelines
and to monitor and assess the effects of the guidelines on the court
system. The accountant would provide administrative support for
payroll, travel benefits and other financial activities associated with
these staff additions.
See Commission on Indigent Defense.
The italicized portion of this impact indicates the items that have
been revised. For this impact, the revised constitutes information
that was not available in the original impact.
Approved By:
Frank A. Rainwater
Office of State Budget
A BILL
TO AMEND TITLE 16, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY
ADDING CHAPTER 2, SO AS TO PROVIDE ADVISORY
SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS
AMENDED, RELATING TO THE CATEGORIZATION OF
FELONIES AND MISDEMEANORS, SO AS TO REVISE THE
EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION
16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE
VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET
OF CRIMES THE MINIMUM TERM OF IMPRISONMENT
APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED,
RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS
TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY
CLASSIFIED; TO AMEND SECTION 16-3-654, RELATING TO
CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO
AS TO REVISE THE PENALTY; TO AMEND SECTION 16-3-655,
RELATING TO CRIMINAL SEXUAL CONDUCT WITH
MINORS, SO AS TO PROVIDE PENALTY PROVISIONS AND
MAKE TECHNICAL CHANGES; TO AMEND SECTION
16-3-1075, RELATING TO FELONY CARJACKING, SO AS TO
REVISE THE PENALTY; TO AMEND SECTION 16-11-110, AS
AMENDED, RELATING TO ARSON, SO AS TO REVISE THE
PENALTY; TO AMEND SECTION 16-15-140, AS AMENDED,
RELATING TO COMMITTING OR ATTEMPTING TO COMMIT
A LEWD ACT UPON A CHILD, SO AS TO REVISE THE
PENALTY; TO AMEND SECTION 24-3-20, AS AMENDED,
RELATING TO CONFINEMENT OF PRISONERS, AND WORK
RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE
CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES
FOR THE TERM "NO PAROLE OFFENSE"; TO
AMEND SECTION 24-13-125, RELATING TO CONDITIONS A
PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK
RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND
EXEMPT OFFENSES FOR THE TERM "NO PAROLE
OFFENSES" AND TO PROVIDE THAT THIS PROVISION
DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL
FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO
CONDITIONS A PRISONER MUST MEET TO BECOME
ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR
COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE
CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE
TERM "NO PAROLE OFFENSE", AND TO PROVIDE
THAT THIS PROVISION DOES NOT APPLY TO CERTAIN
LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION
24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR
AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO
LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN
OFF HIS SENTENCE FOR GOOD BEHAVIOR TO THREE DAYS
A MONTH, AND TO ELIMINATE THE TERM "NO
PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS
AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION
CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY
PRISONER CAN EARN OFF HIS SENTENCE FOR
PARTICIPATING IN AN EDUCATION PROGRAM TO SIX
DAYS A MONTH, AND TO ELIMINATE THE TERM "NO
PAROLE OFFENSE"; TO AMEND SECTION 24-13-430,
RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO
REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS
AMENDED, RELATING TO THE PROHIBITION AGAINST THE
RELEASE OF AN OFFENDER INTO THE COMMUNITY IN
WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE
CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES
FOR THE TERM "NO PAROLE OFFENSE"; TO
AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS
AMENDED, RELATING TO THE SUPERVISED FURLOUGH
PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED
FELONIES AND EXEMPT OFFENSES FOR THE TERM
"NO PAROLE OFFENSE"; TO AMEND SECTION
24-13-1310, AS AMENDED, RELATING TO THE SHOCK
INCARCERATION PROGRAM, SO AS TO SUBSTITUTE
CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES
FOR THE TERM "NO PAROLE OFFENSE"; TO
AMEND SECTION 24-21-30, AS AMENDED, RELATING TO
PAROLE, SO AS TO ELIMINATE PAROLE FOR ANY CRIME
AND TO PROVIDE THAT CERTAIN OFFENDERS MUST
COMPLETE A COMMUNITY SUPERVISION PROGRAM; TO
AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO
MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM
OPERATED BY THE DEPARTMENT OF PROBATION,
PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE
FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO PROVIDE
THAT A PERSON SENTENCED TO A TERM OF
IMPRISONMENT OF TWENTY YEARS OR MORE MUST
COMPLETE NOT MORE THAN TWO YEARS OF COMMUNITY
SUPERVISION AS A PART OF HIS SENTENCE, AND TO
ELIMINATE THE TERM "NO PAROLE OFFENSE";
TO AMEND SECTION 56-5-2940, RELATING TO PENALTIES
FOR VIOLATING THE DRIVING UNDER THE INFLUENCE
PROVISIONS, SO AS TO REVISE THE PENALTIES; TO
AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO
CAUSING GREAT BODILY INJURY OR DEATH BY
OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF
DRUGS OR ALCOHOL, SO AS TO REVISE THE PENALTY; TO
REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110,
RELATING TO THE CLASSIFICATION OF FELONIES AND
MISDEMEANORS; TO REPEAL SECTION 24-13-100,
RELATING TO THE DEFINITION OF "NO PAROLE
OFFENSE", AND TO PROVIDE A SEVERABILITY
CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE
TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE
PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 16 of the 1976 Code is amended by adding:
"CHAPTER 2
Advisory Sentencing Guidelines Act
Section 16-2-10. (A) This chapter may be cited as the 'South
Carolina Advisory Sentencing Guidelines Act'.
(B) Advisory Sentencing Guidelines apply equally to all offenders
in the State without regard to any element that does not relate to the
crime or crimes of current conviction or the prior criminal record of
the defendant.
(C) This chapter applies to all criminal offenses in South Carolina
punishable by maximum terms of imprisonment of one year or more
except offenses specifically excluded from this act as provided in
subsection (D).
(D) This chapter does not apply to offenses for which life
imprisonment is ordered under Section 17-25-45, the offense of
Contempt of Court under Section 14-5-320, the offenses of attempt
and conspiracy under Section 44-53-420, crimes with maximum
penalties of less than one year, sentences imposed as a result of
technical probation revocations, offenses exempt from classification
under Section 16-1-10 (D) which receive the death penalty or life
imprisonment, or sentences imposed in accordance with the Youthful
Offender Act. However, this chapter does apply to the above
offenses for purposes of scoring the offender's prior record.
(E) Offenses exempt from classification under Section 16-1-10(D)
which do not receive the death penalty or life imprisonment are
treated, for purposes of sentencing guidelines, as Felony A offenses.
(F) Offenses with provisions for mandatory minimum sentences
are subject to these guidelines. However, if the mandatory minimum
sentence is greater than the guidelines recommendation, the
mandatory minimum sentence overrides the guidelines. If the
guidelines recommendation is greater, the guidelines control.
(G) Fines and restitution, as provided by law, may be added to a
guidelines sentence.
(H) The South Carolina Sentencing Guidelines Commission shall
promulgate regulations consistent with the provisions contained in
this chapter.
Section 16-2-20. As used in this chapter:
(1) 'Aggravating factors' means reasons justifying a sentence
above the presumptive sentencing range for the offense. A sentence
in the aggravating range is not considered a departure from
guidelines.
(2) 'Commission' means the South Carolina Sentencing Guidelines
Commission.
(3) 'Conviction' means any conviction, guilty plea, or plea of nolo
contendere and includes being convicted of a violation of a law of
another state or a city or county ordinance.
(4) 'Prior convictions' means felonies and misdemeanors, prior
convictions not classified at the time of conviction, federal
or out-of-state convictions, circuit, magistrate, and municipal court
convictions, and juvenile adjudications if the offense is a felony if
committed by an adult. Prior convictions set aside or prior
convictions of which the defendant was pardoned for reasons
unrelated to innocence or legal error are to be counted in calculation
of the prior record score. Expunged convictions are never counted.
(5) 'Prior record score' means the summation of points associated
with previously imposed sentences.
(6) 'Departure' means a sentence which is either higher or lower
than what the appropriate grid cell recommends. The departure form
must be completed if a departure sentence is issued.
(7) 'Grid' means the sentencing guidelines matrix developed by the
Sentencing Guidelines Commission for all offenses punishable by
maximum terms of imprisonment of one year or more except offenses
specifically excluded in Section 16-2-10(D).
(8) 'Grid cell' means a block on the grid formed by the intersection
of the maximum penalty offense of the current convictions and all
other current convictions added to the offender's prior record score.
(9) 'Mitigating factors' means reasons justifying a sentence below
the presumptive sentencing range for a crime. A sentence in the
mitigated range is not a departure from guidelines.
(10) 'Presumptive sentence' means the recommended sentence for
the average case provided in a grid cell.
(11) 'Maximum penalty offense' means the current conviction
offense with the greatest maximum possible sentence.
(12) 'Community punishment' means financial sanctions, probation,
community punishment systems, nonresidential and residential
intermediate sanctions, or any other community-based disposition
under the jurisdiction of the South Carolina Department of Probation,
Parole, and Pardon Services.
(13) 'Community punishment systems' or 'CPS' means a
community punishment with maximum level supervision in the
community by the South Carolina Department of Probation, Parole,
and Pardon Services with caseload sizes limited by South Carolina
Department of Probation, Parole, and Pardon Services' policy.
(14) 'Residential and nonresidential intermediate sanctions' or 'IMS'
means a community punishment which may include boot camps,
restitution, and community control centers, and any other residential
community punishment facility under the supervision of the South
Carolina Department of Probation, Parole, and Pardon Services, and
electronic monitoring, home detention, day reporting, intensive
supervision, and any other structured, intensive nonresidential
program under the supervision of the South Carolina Department of
Probation, Parole, and Pardon Services.
(15) 'Sentencing scoresheet' means a form promulgated by the
Sentencing Guidelines Commission and published in the State
Register and the Code of Regulations used to determine a sentence
under this chapter.
(16) 'Prior record form' means a form promulgated by the
Sentencing Guidelines Commission and published in the State
Register and the Code of Regulations used to determine a prior record
score under this chapter.
(17) 'Departure from guidelines form' means a form promulgated by
the Sentencing Guidelines Commission and published in the State
Register and the Code of Regulations. The form should be completed
when a sentence departs from the sentencing guidelines contained in
this chapter.
(18) 'Technical probation revocation' means probation is revoked
for anything other than the commission of a new crime.
Section 16-2-30. (A) The court should consider this chapter
when determining the appropriate sentence for criminal offenses
punishable by maximum terms of imprisonment of one year or more
excluding those offenses specifically enumerated in Section 16-2-10
(D).
(B) The advisory sentencing guidelines grid is two-dimensional.
The maximum penalty offense is used to select the appropriate
horizontal severity level. The current convictions score and the prior
record score are combined to produce the total point score used to
select the appropriate grid cell.
(C) There are three sentencing ranges within each grid cell:
(1) the presumptive range is designed for the average case with
no extraordinary circumstances;
(2) the aggravating range is designed for cases in which a longer
sentence is warranted based on the presence of aggravating factors
pursuant to Section 16-2-70(A);
(3) the mitigating range is designed for cases in which a lesser
sentence is warranted based on the presence of mitigating factors
pursuant to Section 16-2-70(C).
(D) It is in the court's discretion to determine whether a sentence
in the aggravating or mitigating range is more appropriate for a
particular offender.
(E) The presumptive sentence for offenders who fall below the
bold dispositional line is a community punishment sentence. The
presumptive sentence for offenders who fall above the bold
dispositional line is imprisonment.
(F) The sentencing scoresheet and prior record form must be
initially scored by the solicitor's office and completed in final form
at the court's discretion. A copy of the sentencing scoresheet and
prior record form must be provided to the defendant's attorney, or to
the defendant if he is not represented by counsel, prior to or
contemporaneous with the submission to the court. Each solicitor's
office in the State will be allocated sufficient resources from the
General Assembly's annual appropriations act to comply with this act.
The sentencing scoresheet and prior record form must be made a part
of the record, and a copy must be sent by the solicitor to the South
Carolina Sentencing Guidelines Commission within ninety days of
sentencing.
(G) Split sentences are departures from the guidelines requiring
completion of the departure from guidelines form. Suspended
sentences are departures from the guidelines requiring completion of
the departure from guidelines form, except when the recommended
guidelines sentence range permits a community punishment under the
following conditions:
(1) If the maximum penalty offense is classified as a Felony C
offense and the guidelines permit a community punishment, the
statutory maximum serves as the limit on the portion of the sentence
which may be suspended.
(2) If the maximum penalty offense is classified as a Felony D
offense and the guidelines permit a community punishment, the limit
on the portion of the sentence which may be suspended is seven
years.
(3) If the maximum penalty offense is classified as a Felony E
offense and the guidelines permit a community punishment, the limit
on the portion of the sentence which may be suspended is five years.
(4) If the maximum penalty offense is classified as a Felony F
offense and the guidelines permit a community punishment, the limit
on the portion of the sentence which may be suspended is three years.
(5) If the maximum penalty offense is classified as a
Misdemeanor A, B, or C offense and the guidelines permit a
community punishment, the statutory maximum serves as the limit on
the portion of the sentence which may be suspended.
(H) It is in the discretion of the court to determine if a departure
from the guidelines' recommendation is warranted. If the court
determines that a sentence more severe or less severe than
recommended in this chapter is warranted, the court shall complete
the departure from guidelines form. This form must be attached to
the sentencing scoresheet and prior record form, and a copy shall be
sent to the South Carolina Sentencing Guidelines Commission within
ninety days after a person has been sentenced, and the commission
shall compile this data by county. The court may, in its discretion,
depart from the guidelines in cases which include, but are not limited
to, those in which the defendant provided substantial assistance to the
State, when the defendant suffers from significantly reduced mental
capacity, or when there is an early acceptance of responsibility by the
defendant as set forth below.
If the defendant has provided substantial assistance in the
investigation or prosecution of another person, the court may
determine an appropriate reduction in the defendant's sentence by
considering the following:
(1) Evaluation of the significance and usefulness of the
defendant's assistance, taking into consideration the state's evaluation
of the assistance rendered.
(2) The truthfulness, completeness, and reliability of any
information provided by the defendant.
(3) The nature and extent of the defendant's assistance.
(4) An injury suffered, or any danger or risk of injury to the
defendant or his family resulting from the assistance.
(5) The timeliness of the defendant's assistance.
The court, on motion of the State, may reduce a sentence to
reflect a defendant's subsequent substantial assistance in the
investigation or prosecution of another person who has committed an
offense. The reduction of the sentence pursuant to this section may
be made at any time after the imposition of the sentence if it is based
on information or evidence not known by the defendant at the time
of sentencing. However, if it is based on information or evidence
known by the defendant at the time of sentencing, then the motion
must be made within one year from the date of sentencing.
The court, on a motion of the State, may reduce a sentence to reflect
a defendant's early acceptance of responsibility within ninety days of
an arrest or within the discretion of the solicitor.
If the defendant suffers from significantly reduced mental capacity,
the court may determine an appropriate reduction in the defendant's
sentence by considering whether the defendant committed a
nonviolent offense while suffering from significantly reduced mental
capacity not resulting from voluntary use of drugs or other
intoxicants. A lower sentence may be warranted to reflect the extent
the reduced mental capacity contributed to the commission of the
offense.
(I) Unless specifically prohibited, a person who has been
convicted of any criminal offense may be given a community
punishment provided in this chapter if the class of the offense and
current convictions and prior record level authorizes a community
punishment as a type of sentence disposition.
(J) The South Carolina Department of Probation, Parole, and
Pardon Services must develop a plan to handle offender services
regarding community punishment under this chapter. The programs
designed to accommodate these offenders shall hold offenders
accountable for making restitution, require compliance with the
court's judgment, appropriately punish and rehabilitate offenders by
directing them to specialized treatment or education programs, and
protect public safety. This plan must be submitted to the Speaker of
the House and the President Pro Tempore of the Senate within one
hundred eighty days after the effective date of this act.
(K) Community punishments available under this chapter include,
but are not limited to:
(1) Residential Intermediate Sanctions or IMS which include
boot camps, restitution, and community control centers, and any other
residential community punishment facilities under the supervision of
the South Carolina Department of Probation, Parole, and Pardon
Services.
(2) Nonresidential Intermediate Sanctions or IMS which include
electronic monitoring, home detention, day reporting, intensive
supervision, and any other structured, intensive nonresidential
program under the supervision of the South Carolina Department of
Probation, Parole, and Pardon Services.
(3) Community Punishment Systems or CPS which include
community punishment with maximum level supervision in the
community by the South Carolina Department of Probation, Parole,
and Pardon Services with caseload sizes limited by South Carolina
Department of Probation, Parole, and Pardon Services' policy.
(4) Probation pursuant to Title 24, Chapter 21, Article 5.
Section 16-2-40. To determine a guidelines sentence, the court
must:
(1) determine the maximum penalty offense to select the
appropriate horizontal severity level;
(2) determine the current convictions score pursuant to Section
16-2-60 (A);
(3) determine the prior record score pursuant to Section 16-2-60
(B);
(4) add the current convictions score to the prior record score to
produce the total point score. Use the total point score to select the
appropriate vertical point column;
(5) the intersection of the appropriate horizontal severity level and
the appropriate vertical point column produces the appropriate grid
cell;
(6) determine if aggravating or mitigating factors, pursuant to
Section 16-2-70, apply and select the appropriate sentencing range.
All guidelines ranges are years of maximum confinement;
(7) select a sentence at any place within the appropriate sentencing
range; and
(8) complete the departure from guidelines form if the sentence is
outside of the appropriate grid cell's sentencing ranges.
Section 16-2-50. For purposes of sentencing, the 'South Carolina
Sentencing Guidelines Grid', as promulgated by the Sentencing
Guidelines Commission and published in the State Register and the
Code of Regulations, applies to criminal offenses with maximum
terms of imprisonment of one year or more, except those offenses
specifically excluded from this chapter provided in Section
16-2-10(D), committed one year after this act has been approved by
the Governor.
Section 16-2-60. (A) The current convictions score for the
purpose of Section 16-2-40 must be calculated pursuant to
regulations promulgated by the Sentencing Guidelines Commission
and published in the State Register and the Code of Regulations.
(B)(1) The prior record score for the purpose of Section 16-2-40 is
calculated pursuant to regulations promulgated by the Sentencing
Guidelines Commission and published in the State Register and the
Code of Regulations.
(2) Federal or out-of-state convictions are scored.
(3) Circuit, magistrate, and municipal court convictions, and
juvenile adjudications that would be felonies if committed by an adult
are scored accordingly.
(4) Any prior sentence of over one year imposed more than
fifteen years before the defendant's current conviction is not scored
unless the sentence extends into the fifteen-year period. Any prior
sentence of one year or less imposed more than ten years before the
defendant's current conviction is not scored.
Section 16-2-70. (A) When determining whether an aggravated
sentence is warranted, the court may consider whether any of the
following factors may apply:
(1) Serious bodily injury to a victim resulted from the criminal
act.
(2) The victim was treated with particular cruelty for which the
offender should be held responsible.
(3) The victim was particularly vulnerable due to age, infirmity,
or reduced physical or mental capacity which was known or should
have been known to the offender.
(4) Protracted mental or emotional distress to a victim resulted
from the act.
(5) The defendant committed the offense while he was:
(a) on probation;
(b) a parolee;
(c) on work release;
(d) on furlough;
(e) an escapee;
(f) released on bond;
(g) under community supervision; or
(h) serving an active sentence.
(6) The defendant possessed a firearm, visibly displayed what
appeared to be a firearm, visibly displayed a knife, or used an object
capable of causing death or inflicting serious bodily injury during the
commission of a crime.
(7) The defendant induced others to participate in the
commission of the offense or occupied a position of leadership or
dominance over other participants.
(8) The defendant attempted to obstruct justice by intimidating
a witness or juror, destroying evidence, or otherwise hindering the
enforcement of laws in the investigation, prosecution, or sentencing
of the defendant's case.
(9) A defendant's refusal to assist authorities in the investigation
of other persons should not be considered as an aggravating
sentencing factor.
(B) An aggravated sentence generally should not be given if the
aggravating circumstance is a necessary element of the offense.
Exceptions to this general rule are:
(1) assault and battery of a high and aggravated nature (common
law);
(2) lewd act on a minor (Section 16-15-140).
(C) When determining whether a mitigated sentence is warranted,
the court may consider whether any of the following factors may
apply:
(1) The defendant is over sixty-five years of age.
(2) The defendant suffers from extraordinary physical
impairments. This does not include drug or alcohol problems.
(3) The victim was the aggressor in the incident or induced or
facilitated its commission.
(4) The defendant played a minor role or passive role in the
crime.
(5) The defendant clearly demonstrates a recognition and
affirmative acceptance or personal responsibility for his criminal
conduct.
(6) The current offense is indicative of aberrant behavior on
behalf of the defendant.
(7) The defendant participated under circumstances of coercion
or duress.
(D) Aggravating and mitigating factors provided in this section are
examples of factors that the court may wish to consider when
determining an appropriate sentence for an offender. It is in the
court's discretion to determine the existence of these or any other
factors which may warrant a sentence in the aggravating or mitigating
ranges.
Section 16-2-80. If the guidelines contained in this chapter are
silent or vague, the sentencing judge may provide a reasonable
interpretation."
SECTION 2. Section 16-1-10(D) of the 1976 Code, as last
amended by Part II, Section 70B of Act 164 of 1993 is further
amended to read:
"(D) The following offenses are classified as exempt
under subsections (A) and (B):
12-21-2790 Interference with proper operation of
video game machine
12-21-6000(B) Possessing marijuana or controlled
substances without appropriate stamps
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
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
16-3-430 Killing in a duel
16-3-620 Assault with intent to kill (if sentenced for
the common law offense of assault and
battery of a high and aggravated nature)
16-3-910 Kidnapping (if sentenced for murder)
16-11-311(B) Burglary first degree
16-11-540 Damaging or destroying building, vehicle
or other property by means of explosive
incendiary, death results
16-25-65 Criminal domestic violence of a high and
aggravated nature
23-36-170(c), (d) Penalty (violation of South Carolina
Explosives Control Act) Third, fourth, or
subsequent offenses
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(e)(1)(a)3 Prohibited Acts A, penalties (trafficking in
marijuana, 10 pounds or more, but less
than 100 pounds) Third or subsequent
offenses
44-53-370(e)(1)(b) Prohibited Acts A, penalties (trafficking in
marijuana, 100 pounds or more of
marijuana, but less than 2,000 pounds)
44-53-370(e)(1)(c) Prohibited Acts A, (trafficking in
marijuana, 2000 pounds or more, but less
than 10,000 pounds)
44-53-370(e)(1)(d) Prohibited Acts A, penalties (trafficking in
marijuana, 10,000 pounds of marijuana or
more)
44-53-370(e)(2)(a)(3) Prohibited Acts A, penalties (trafficking in
cocaine, 10 grams or more, but less than
28 grams) Third or subsequent offense
44-53-370(e)(2)(b)(3) Prohibited Acts A, penalties (trafficking in
cocaine, 28 grams or more, but less than
100 grams)
44-53-370(e)(2)(c) Prohibited Acts A, penalties (trafficking in
cocaine, 100 grams or more, but less than
200 grams)
44-53-370(e)(2)(d) Prohibited Acts A, penalties (trafficking in
cocaine, 200 grams or more, but less than
400 grams)
44-53-370(e)(2)(e) Prohibited Acts A, penalties (trafficking in
cocaine, 400 grams or more)
44-53-370(e)(3)(a)(2) Prohibited Acts A, penalties (trafficking in
illegal drugs, 4 grams or more, but less
than 14 grams) Second or subsequent
offense
44-53-370(e)(3)(b) Prohibited Acts A, penalties (trafficking in
illegal drugs, 14 grams or more, but less
than 28 grams)
44-53-370(e)(3)(c) Prohibited Acts A, penalties (trafficking in
illegal drugs, 28 grams or more)
44-53-370(e)(4)(a)(2) Prohibited Acts A, penalties (trafficking in
methaqualone, 15 grams or more, but less
than 150 grams) Second or subsequent
offense
44-53-370(e)(4)(b) Prohibited Acts A, penalties (trafficking in
methaqualone, 150 grams but less than
1,500 grams)
44-53-370(e)(4)(c) Prohibited Acts A, penalties (trafficking in
methaqualone, possession of 1,500 grams,
but less than 15 kilograms of
methaqualone)
44-53-370(e)(4)(d) Prohibited Acts A, penalties (trafficking in
methaqualone, 15 kilograms or more)
44-53-370(e)(5)(a)(3) Prohibited Acts, penalties (trafficking in
LSD, 100 dosage units or more, but less
than 500 dosage units) Third or
subsequent offense
44-53-370(e)(5)(b)(3) Prohibited Acts, penalties (trafficking in
LSD, 500 dosage units or more, but less
than 1,000 dosage units) Third or
subsequent offense
44-53-370(e)(5)(c) Prohibited Acts, penalties (trafficking in
LSD, 1,000 dosage units or more)
44-53-375(C)(1)(c) Trafficking in ice,
crank, or crack cocaine 10 grams or more,
but less than 28 grams Third or
subsequent offense
44-53-375(C)(2)(c) Trafficking in ice, crank, or crack cocaine
28 grams or more, but less than 100 grams
Third or subsequent offense
44-53-375(C)(3) Trafficking in ice, crank, or crack cocaine
100 grams or more, but less than 200
grams
44-53-375(C)(4) Trafficking in ice, crank, or crack cocaine
200 grams or more, but less than 400
grams
44-53-375(C) Trafficking in ice, crank, or crack cocaine
400 grams
or more
44-53-445 Distribute, sell, or manufacture, or possess
with intent to distribute crack cocaine
within proximity of school
56-5-2780(B)(1) Unlawfully passing a stopped school bus
where great bodily injury results
56-5-2947 Child endangerment
56-15-590 Failure of a motor vehicle auction to keep
required records or make them available
for inspection
58-17-4090 Penalty for obstruction of railroad if death
of human being results
Only criminal offenses with a possible maximum penalty of life
imprisonment or death are felonies exempt from the classification
system. This does not include offenses with a sentence of life
imprisonment under Section 17-25-45."
SECTION 3. Section 16-1-20(B) of the 1976 Code, as last
amended by Part I, Section 1 of Act 7 of 1995, is further amended to
read:
"(B) For all offenders sentenced on or after July 1, 1993, the
minimum term of imprisonment required by law does not apply to
the offenses listed in Sections 16-1-90 and 16-1-100 unless the
offense refers to a mandatory minimum sentence or the offense
prohibits suspension of any part of the sentence. Offenses listed in
Section 16-1-10(C) and (D) are exempt and minimum terms of
imprisonment are applicable. No sentence of imprisonment precludes
the timely execution of a death sentence."
SECTION 4. Section 16-1-30 of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"Section 16-1-30. All criminal offenses created by statute
after July 1, 1993, must be provided by statute or in common
law with maximum terms of imprisonment of three years or less are
automatically classified according to the maximum term of
imprisonment provided in the statute and pursuant to Sections
16-1-10 and 16-1-20,. All criminal offenses provided by
statute or in common law with maximum terms of imprisonment of
five years or more are felonies and are automatically classified
according to the maximum term of imprisonment provided in the
statute and pursuant to Sections 16-1-10 and 16-1-20 except
offenses that are exempt from classification as provided in
Section 16-1-10(D)."
SECTION 5. Section 16-3-1075(B)(1) of the 1976 Code, as added
by Act 163 of 1993, is amended to read:
"(1) be imprisoned not more than fifteen
twenty years; or"
SECTION 6. Section 24-3-20(B) of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"(B) When the director determines that the character and
attitude of a prisoner reasonably indicates that he may be trusted, 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) 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
or the law enforcement agency of the jurisdiction 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 A prisoner's place of confinement may
not 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
attempting to commit a lewd act on a child; engaging a child for
sexual performance; or spousal sexual battery. No A
prisoner who is serving a sentence for a 'no parole offense' as
defined in Section 24-13-100 Class A, B, or C felony or an
offense exempt from classification contained in Section 16-1-10(D),
which is punishable by a maximum term of imprisonment of twenty
years or more 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."
SECTION 7. Section 24-13-125 of the 1976 Code, as added by
Act 83 of 1995, is amended to read:
"Section 24-13-125. (A) Notwithstanding any other
another provision of law, except in a case in which the death
penalty or a term of life imprisonment is imposed, a prisoner
convicted of a 'no parole offense', as defined in Section
24-13-100, Class A, B, or C felony or an offense exempt
from classification contained in Section 16-1-10(D), which is
punishable by a maximum term of imprisonment of twenty years or
more 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 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.
(C) This section does not apply to prisoners confined in a
local correctional facility except a prisoner confined in a local facility
pursuant to a designated facility agreement."
SECTION 8. Section 24-13-150 of the 1976 Code, as added by
Act 83 of 1995, is amended to read:
"Section 24-13-150. (A) Notwithstanding any other
another provision of law, except in a case in which the death
penalty or a term of life imprisonment is imposed, a prisoner
convicted of a 'no parole offense' as defined in Section
24-13-100 crime 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 24-21-560, 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, early release, discharge, or community
supervision by another provision of law to be eligible for work
release, early release, discharge, or community supervision.
(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.
(C) This section does not apply to prisoners confined in a
local correctional facility except a prisoner confined in a local facility
pursuant to a designated facility agreement."
SECTION 9. Section 24-13-210 of the 1976 Code, as last amended
by Act 83 of 1995, is further amended to read:
"Section 24-13-210. (A) A prisoner convicted of an
offense against this State, except a 'no parole offense' 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 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 conduct credit is
computed.
(B) A prisoner convicted of a 'no parole
offense' an 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
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 A
prisoner convicted of a 'no parole offense' is not
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.
(C)(B) A prisoner convicted of an offense against
this State and sentenced to 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
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 conduct credits must be computed.
(D)(C) 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 good
conduct 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 good
conduct credit he has earned may be forfeited in the discretion of the
local official having charge of the prisoner. The decision to withhold
forfeited good conduct time is solely the responsibility of officials
named in this subsection.
(E)(D) 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)(E) 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."
SECTION 10. Section 24-13-230 of the 1976 Code, as last amended
by Act 83 of 1995, is further amended to read:
"Section 24-13-230. (A) The Director of the Department
of Corrections may allow any prisoner in the custody of the
department, except a prisoner convicted of a 'no parole 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. A maximum annual credit for both work
credit and education credit is limited to one hundred eighty days.
(B) The Director of the Department of Corrections
may allow a prisoner in the custody of the department serving a
sentence for a 'no parole 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 prisoner 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 A prisoner convicted of a 'no
parole offense' is not entitled to a reduction below the
minimum term of incarceration provided in Section 24-13-125 or
24-13-150. A maximum annual credit for both work credit and
education credit is limited to seventy-two days.
(C)(B) 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)(C) 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. If a prisoner commits an offense or
violates one of the rules of the institution during his term of
imprisonment all or part of the work credit or education
educational credit he has earned may be forfeited in the
discretion of the official having charge of the prisoner.
(E)(D) The official in charge of a local detention
or correctional facility to which persons convicted of offenses against
the State are sentenced 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.
(F)(E)(1) An individual is only eligible
only 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.
(G)(F) The South Carolina Department of
Corrections may not pay any tuition for college courses."
SECTION 11. Section 24-13-430(2) of the 1976 Code is amended
to read:
"(2) Any inmate of the Department of Corrections, city or
county jail, or public works of any county that participates in a riot
or any other acts of violence shall be deemed guilty of a felony
and, upon conviction, shall be imprisoned for not
less than five years nor more than ten twenty
years."
SECTION 12. Section 24-13-650 of the 1976 Code, as last amended
by Act 83 of 1995, is further amended to read:
"Section 24-13-650. No An offender
committed to incarceration for a violent offense as defined in Section
16-1-60 or a 'no parole offense' as defined in Section
24-13-100 Class A, B, or C felony or an offense exempt from
classification contained in Section 16-1-10(D), which is punishable
by a maximum term of imprisonment of twenty years or more
may not 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 13. Section 24-13-710 of the 1976 Code, as last amended
by Act 83 of 1995, is further 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 'no
parole offense' as defined in Section 24-13-100 Class A, B,
or C felony or an offense exempt from classification contained in
Section 16-1-10(D) which is punishable by a maximum term of
imprisonment of twenty years or more, 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 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 14. Section 24-13-720 of the 1976 Code, as last amended
by Act 83 of 1995, is further 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 'no parole offense' as defined
in Section 24-13-100 may Class A, B, or C felony or an
offense exempt from classification contained in Section 16-1-10(D)
which is punishable by a maximum term of imprisonment of twenty
years or more, within six months of the expiration of his
sentence, may 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 15. Section 24-13-1310(1)(c) of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"(c) who has not been convicted of a violent crime as
defined in Section 16-1-60 or a 'no parole offense' as defined in
Section 24-13-100 Class A, B, or C felony or an offense
exempt from classification contained in Section 16-1-10(D) which is
punishable by a maximum term of imprisonment of twenty years or
more;"
SECTION 16. Section 24-21-30 of the 1976 Code, as last amended
by Act 83 of 1995, is further amended to read:
"Section 24-21-30. (A) A person who commits a 'no
parole offense' as defined in Section 24-13-100 crime on
or after the effective date of this section is not eligible for parole
consideration, but. A person who is convicted of a Class
A, B, or C felony or an offense exempt from classification contained
in Section 16-1-10(D), which is punishable by a maximum term of
imprisonment of twenty years or more must complete a
community supervision program as set forth in Section 24-21-560
prior to before his discharge from the sentence
imposed by the court. For all offenders who are eligible for parole,
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 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 commits a
violent crime as defined in Section 16-1-60 before January 1,
1996 by a two-thirds vote of the full board unless prohibited by
Section 24-21-640. The board may grant parole to an offender who
commits a crime under Section 16-11-312(B), 44-53-370(e)(1)(a)(1),
44-53-370 (e)(2)(a)(1), 44-53-370 (e)(4)(a)(1), 44-53-370(e)(5)(a)(1),
or 44-53-375(C)(1)(a) before the effective date of this section by a
two-thirds majority vote of the full board. which is not
included as a 'no parole offense' as defined in Section 24-13-100 on
or after the effective date of this section 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 committed before the effective date
of this section or a 'no parole 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 'no parole offense' as defined in Section
24-13-100 crime on or after the effective date of this
section to be eligible for parole."
SECTION 17. Section 24-21-560 of the 1976 Code, as added by
Act 83 of 1995, is amended to read:
"Section 24-21-560. (A) Notwithstanding any other
another provision of law, except in a case in which the death
penalty or a term of life imprisonment is imposed, any
a sentence involving incarceration for a Class A, B, or
C felony or a thirty-year murder sentence under Section 16-3-20
for a 'no parole offense' as defined in Section 24-13-100 must
include any a term of incarceration and completion
of a community supervision program operated by the Department of
Probation, Parole, and Pardon Services. No A
prisoner who is serving a sentence for a 'no parole offense' is
not 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. A sentence for a term of
incarceration less than twenty years imposed in general sessions court
for a crime committed on or after the effective date of this act, in the
discretion of the sentencing judge, may include a requirement for
completion of a community supervision program. 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 be required to serve terms of
incarceration for successive revocations, as provided in Section
24-21-560(C), and may be required to serve additional periods of
community supervision for successive revocations, as provided in
Section 24-21-560(D). The maximum aggregate amount of time the
prisoner may be required to serve when sentenced for successive
revocations may not exceed an amount of time equal to the length of
incarceration imposed for the original 'no parole offense'
offense. The original term of incarceration 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 'no parole offense'
Class A, B, or C felony, a thirty-year sentence for murder under
Section 16-3-20, or a sentence in which community supervision is
ordered 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 'no
parole offense' Class A, B, or C felony or a thirty-year
sentence for murder under Section 16-3-20, 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."
SECTION 18. Section 24-26-10(A) of the 1976 Code, as last
amended by Act 7 of 1995, is further amended to read:
"(A) There is established the South Carolina Sentencing
Guidelines Commission composed of thirteen
fourteen voting members as follows:
(1) a justice of the Supreme Court, appointed by the Chief
Justice of the Supreme Court;
(2) two circuit court judges, appointed by the Chief Justice of
the Supreme Court;
(3) three members of the Senate to be designated by the
chairman of the Senate Judiciary Committee;
(4) three members of the House designated by the chairman of
the House Judiciary Committee;
(5) an attorney, experienced in the practice of criminal law,
appointed by the Governor from a list of candidates submitted by the
President of the South Carolina Bar;
(6) the Dean of the Law School of the University of South
Carolina or his designee;
(7) the South Carolina Attorney General, or his designee, to
serve ex officio;
(8) a solicitor appointed by the Chairman of the South Carolina
Circuit Solicitors' Association;
(9) an attorney, experienced in the practice of criminal defense,
designated by the chairman of the House Judiciary Committee from
a list of candidates submitted by the President of the South Carolina
Association of Criminal Defense Lawyers."
SECTION 19. Sections 2-13-66, 16-1-90, 16-1-100, 16-1-110, and
24-13-100 of the 1976 Code are repealed.
SECTION 20. If any section, paragraph, provision, or portion of
this act is held to be unconstitutional or invalid by a court of
competent jurisdiction, this holding shall not affect the
constitutionality or validity of the remaining portions of this act, the
General Assembly hereby declares that the provisions of this act are
severable from each other.
SECTION 21. All proceedings pending and all rights and liabilities
existing, acquired, or incurred at the time this act takes effect are
saved. Except as otherwise provided, the provisions of this act apply
prospectively to crimes and offenses committed on or after the
effective date of this act.
SECTION 22. Sections 2, 3, 4, and the repeal of Sections 2-13-66,
16-1-90, 16-1-100, and 16-1-110 take effect upon approval by the
Governor. The remainder of the act and the repeal of Section
24-13-100 take effect one year after approval by the Governor and
apply to all crimes committed on and after that date.
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