S*234 Session 104 (1981-1982)
S*0234(Rat #0148, Act #0100 of 1981) General Bill, By
Senate Corrections and Penology
Similar(S 215, H 2520)
A Bill to amend the Code of Laws of South Carolina, 1976, as it relates to
corrections, jails, probations, paroles and pardons, so as to change the name
of the "Probation, Parole and Pardon Board" and the "Department of Probation,
Parole and Pardon" to read "Parole and Community Corrections Board" and
"Department of Parole and Community Corrections", respectively; to amend
Section 24-21-10, as amended, relating to the Parole and Community Corrections
Board, so as to further provide for Board membership; to amend Chapter 21 of
Title 24, relating to probation, parole and pardons, by adding Sections
24-21-11, 24-21-12, 24-21-13 and 24-21-14, so as to provide for the removal,
compensation and duties of the Probation, Parole and Pardon Board and for
appointment of a Commissioner of Paroles and Pardons; to amend Section
24-21-30, relating to meetings of the Probation, Parole and Pardon Board, so
as to provide for three-member hearing panels and their authority; to amend
Section 24-21-210, Section 24-21-220 and Section 24-21-230, relating to
Supervisors of Probation and Parole, their duties, and appointment of
probation officers and clerical assistants, so as to provide for an Executive
Director of the Department of Probation, Parole and Pardon, for the Executive
Director's general duties and for certain qualifying examinations of probation
officers and clerical assistants; to amend Sections 24-21-610, 24-21-620,
24-21-640 and Act 496 of 1978, all relating to parole, and to amend the 1976
Code by adding Section 24-21-635, all so as to reduce the minimum confinement
required prior to parole under certain circumstances, to provide for
deductions of time for earned work credits for all offenders but not for
good-behavior deductions, to provide for three-member panel reviews and
hearing-officer reviews of prisoner cases and for provisional paroles, and for
advance notice to prisoners of parole criteria; to further amend Chapter 21 of
Title 24 of the 1976 Code by adding Section 24-21-645, so as to provide for
orders of provisional parole; and to amend the 1976 Code by adding Sections
24-21-940, 24-21-950, 24-21-960, 24-21-970, 24-21-980, 24-21-990, and
24-21-1000, so as to define "pardon" and associated terms, to provide
guidelines regarding eligibility for pardon, to provide for reapplications
upon denial of pardon, for special consideration due to terminal illness, for
irrevocability of pardons, for restoration of civil rights and for appropriate
certificates; to amend Title 24 of the 1976 Code, relating to corrections,
jails, probations, paroles and pardons by adding Chapter 23, to provide for
creation of a classification system for criminal offenses and for development
of a plan to more fully use community-based resources to meet the
rehabilitation needs and supervisory-control requirements of offenders, to
increase the efficiency and effectiveness of probation/parole services at the
state and local level, to provide for mandatory presentence investigations and
for termination of probation supervision in certain cases, to provide for
funding through assessments and fines against offenders, and to provide for
utilization of a portion of the funds for victim assistance programs; to amend
Chapter 13 of Title 24 of the 1976 Code relating to prisoners generally, by
adding Article 9 to provide for implementation of a supervised furlough
program; to amend Act 185 of 1977, relating to extended work release program,
so as to make the programs available to offenders with records of violent or
premeditated crimes; to direct the Department of Corrections to plan for
establishment of additional work release centers; to amend the 1976 Code by
adding Section 24-13-60, to provide for automatic screening of certain
offenders for placement on work release or supervised furlough; and to repeal
Section 17 of Act 496 of 1978, relating to parole.-at
02/19/81 Senate Introduced, read first time, placed on calendar
without reference SJ-10
03/05/81 Senate Read second time SJ-22
03/05/81 Senate Ordered to third reading with notice of
amendments SJ-22
03/18/81 Senate Amended SJ-4
03/18/81 Senate Debate interrupted SJ-4
03/19/81 Senate Amended SJ-18
03/19/81 Senate Read third time and sent to House SJ-18
03/19/81 Senate Roll call Yeas-025 Nays-007 SJ-18
03/24/81 House Introduced and read first time HJ-1358
03/24/81 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-1360
04/09/81 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-1759
04/15/81 House Objection HJ-1866
05/14/81 House Special order, set for Wed. May 13, 1981 at 11:00
a.m. (Under H-2915) HJ-2449
05/19/81 House Amended HJ-2482
05/19/81 House Read second time HJ-2497
05/20/81 House Read third time HJ-2548
05/20/81 House Returned HJ-2548
05/26/81 Senate Non-concurrence in House amendment SJ-2
05/27/81 House House insists upon amendment and conference
committee appointed Reps. Reps. Evatt, Felder &
Toal HJ-2679
05/27/81 Senate Conference committee appointed Sens. Horace
Smith, Holland, Rushing
05/28/81 Senate Conference report received SJ-5
05/28/81 Senate Conference report adopted SJ-5
06/02/81 House Conference report received HJ-2754
06/02/81 House Conference report adopted HJ-2756
06/03/81 Senate Ordered enrolled for ratification SJ-6
06/10/81 Senate Ratified R 148 SJ-7
06/15/81 Signed By Governor
06/15/81 Effective date 06/15/81
06/15/81 Act No. 100
06/25/81 Copies available
(A100, R148, S234)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS IT RELATES TO
CORRECTIONS, JAILS, PROBATIONS, PAROLES AND PARDONS, SO AS TO CHANGE THE NAME OF
THE "PROBATION, PAROLE AND PARDON BOARD" AND THE "DEPARTMENT OF
PROBATION, PAROLE AND PARDON" TO READ "PAROLE AND COMMUNITY CORRECTIONS
BOARD" AND "DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS",
RESPECTIVELY; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE PAROLE AND
COMMUNITY CORRECTIONS BOARD, SO AS TO FURTHER PROVIDE FOR BOARD MEMBERSHIP; TO
AMEND CHAPTER 21 OF TITLE 24, RELATING TO PROBATION, PAROLE AND PARDONS, BY
ADDING SECTIONS 24-21-11, 24-21-12, 24-21-13 AND 24-21-14, SO AS TO PROVIDE FOR
THE REMOVAL, COMPENSATION AND DUTIES OF THE PROBATION, PAROLE AND PARDON BOARD
AND FOR APPOINTMENT OF A COMMISSIONER OF PAROLE AND PARDONS; TO AMEND SECTION
24-21-30, RELATING TO MEETINGS OF THE PROBATION, PAROLE AND PARDON BOARD, SO AS
TO PROVIDE FOR THREE-MEMBER HEARING PANELS AND THEIR AUTHORITY; TO AMEND SECTION
24-21-210, SECTION 24-21-220 AND SECTION 24-21-230, RELATING TO SUPERVISORS OF
PROBATION AND PAROLE, THEIR DUTIES, AND APPOINTMENT OF PROBATION OFFICERS AND
CLERICAL ASSISTANTS, SO AS TO PROVIDE FOR AN EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF PROBATION, PAROLE AND PARDON, FOR THE EXECUTIVE DIRECTOR'S GENERAL DUTIES AND
FOR CERTAIN QUALIFYING EXAMINATIONS OF PROBATION OFFICERS AND CLERICAL
ASSISTANTS; TO AMEND SECTIONS 24-21-610, 24-21-620, 24-21-640 AND ACT 496 OF
1978, ALL RELATING TO PAROLE, AND TO AMEND THE 1976 CODE BY ADDING SECTION
24-21-635, ALL SO AS TO REDUCE THE MINIMUM CONFINEMENT REQUIRED PRIOR TO PAROLE
UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR DEDUCTIONS OF TIME FOR EARNED WORK
CREDITS FOR ALL OFFENDERS BUT NOT FOR GOOD-BEHAVIOR DEDUCTIONS, TO PROVIDE FOR
THREE-MEMBER PANEL REVIEWS AND HEARING-OFFICER REVIEWS OF PRISONER CASES AND FOR
PROVISIONAL PAROLES, AND FOR ADVANCE NOTICE TO PRISONERS OF PAROLE CRITERIA; TO
FURTHER AMEND CHAPTER 21 OF TITLE 24 OF THE 1976 CODE BY ADDING SECTION
24-21-645, SO AS TO PROVIDE FOR ORDERS OF PROVISIONAL PAROLE; AND TO AMEND THE
1976 CODE BY ADDING SECTIONS 24-21-940, 24-21-950, 24-21-960, 24-21-970,
24-21-980, 24-21-990, AND 24-21-1000, SO AS TO DEFINE "PARDON" AND
ASSOCIATED TERMS, TO PROVIDE GUIDELINES REGARDING ELIGIBILITY FOR PARDON, TO
PROVIDE FOR REAPPLICATION UPON DENIAL OF PARDON, FOR SPECIAL CONSIDERATION DUE
TO TERMINAL ILLNESS, FOR IRREVOCABILITY OF PARDONS, FOR RESTORATION OF CIVIL
RIGHTS AND FOR APPROPRIATE CERTIFICATES; TO AMEND TITLE 24 OF THE 1976 CODE,
RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES AND PARDONS BY ADDING CHAPTER
23, TO PROVIDE FOR CREATION OF A CLASSIFICATION SYSTEM FOR CRIMINAL OFFENSES AND
FOR DEVELOPMENT OF A PLAN TO MORE FULLY USE COMMUNITY-BASED RESOURCES TO MEET THE
REHABILITATION NEEDS AND SUPERVISORY-CONTROL REQUIREMENTS OF OFFENDERS, TO
INCREASE THE EFFICIENCY AND EFFECTIVENESS OF PROBATION/PAROLE SERVICES AT THE
STATE AND LOCAL LEVEL, TO PROVIDE FOR MANDATORY PRESENTENCE INVESTIGATIONS AND
FOR TERMINATION OF PROBATION SUPERVISION IN CERTAIN CASES, TO PROVIDE FOR FUNDING
THROUGH ASSESSMENTS AND FINES AGAINST OFFENDERS, AND TO PROVIDE FOR UTILIZATION
OF A PORTION OF THE FUNDS FOR VICTIM ASSISTANCE PROGRAMS; TO AMEND CHAPTER 13 OF
TITLE 24 OF THE 1976 CODE RELATING TO PRISONERS GENERALLY, BY ADDING ARTICLE 9
TO PROVIDE FOR IMPLEMENTATION OF A SUPERVISED FURLOUGH PROGRAM; TO AMEND ACT 185
OF 1977, RELATING TO EXTENDED WORK RELEASE PROGRAM, SO AS TO MAKE THE PROGRAMS
AVAILABLE TO OFFENDERS WITH RECORDS OF VIOLENT OR PREMEDITATED CRIMES; TO DIRECT
THE DEPARTMENT OF CORRECTIONS TO PLAN FOR ESTABLISHMENT OF ADDITIONAL WORK
RELEASE CENTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-60, TO PROVIDE
FOR AUTOMATIC SCREENING OF CERTAIN OFFENDERS FOR PLACEMENT ON WORK RELEASE OR
SUPERVISED FURLOUGH; AND TO REPEAL SECTION 17 OF ACT 496 OF 1978, RELATING TO
PAROLE.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
SECTION 1. The General Assembly finds that:
A. The state correctional facilities are overcrowded and are operating at one
hundred fifty-eight percent of their designed capacity. The operational costs of
prisons are greater than five thousand five hundred dollars per inmate per year
and are increasing. Although new correctional facilities are planned and are
being built to meet the projected inmate population increases, the costs of these
faculties are more than forty thousand dollars per bed. At the same time, the
state's budgetary resources are becoming more limited, and the future
availability of capital improvement bonds for more prison construction is
uncertain. B. South Carolina has one of the highest rates of incarceration per
capita in the United States, and many offenders are sentenced to state prisons
for short terms with no restitution being made to the victim or community in
which the crime was committed. Although a large number of offenders committed to
the Department, of Corrections have been convicted of property-related crimes
such as housebreaking and burglary, in many instances the victim suffers personal
and financial losses for which he receives little or no assistance from either
the State or the offender. C. ~he General Assembly recognizes that many
innocent persons suffer personal physical injury or death as a result of criminal
acts or in their efforts to prevent crime or apprehend persons committing or
attempting to commit crime. Such persons or their dependents may thereby suffer
disability, incur financial handicaps or become dependent upon public assistance.
The General Assembly finds and determines that there is a need for financial
assistance for such victims of crime and that offenders should recognize and
assume their responsibility for the victims of crime.
References
SECTION 2. All references in the Code of Laws of South Carolina, 1976, to the
"Probation, Parole and Pardon Board" shall be changed to read
"Parole and Community Corrections Board". All references to the
"Department of Probation, Parole and Pardon" shall be changed to read
"Department of Parole and Community Corrections". All references to the
"Supervisor of Parole" or to the "Supervisor of Probation"
shall be changed to read "The Executive Director of the Department of Parole
and Community Corrections".
Department to be governed by board
SECTION 3. Section 24-21-10 of the 1976 Code, as last amended by Act 509 of
1976, is further amended to read:
"Section 24-21-10. The Department of Parole and Community Corrections,
hereafter referred to as the "Department", shall be governed by the
Parole and Community Corrections Board, hereafter referred to as the
"Board" which shall be composed of seven members. The terms of office
of the members shall be for six years and until their respective successors are
appointed and qualified. Six of the seven members shall be appointed from each
of the congressional districts and one member shall be appointed at large. The
current members of the Board of Probation, Parole, and Pardon will constitute the
Board until the expiration of their appointments. All vacancies now existing or
subsequently occurring among the members of the Board shall be filled as soon as
practicable, by gubernatorial appointment with the advice and consent of the
Senate, for the unexpired term. In the event of a vacancy occurring during a
recess of the Senate, the Governor may fill such vacancy by appointment for the
unexpired term pending the consent of the Senate.
A Chairman shall be elected annually by a majority of the membership of the
Board. The Chairman may serve consecutive terms."
Misconduct, etc. of board member
SECTION 4. Article l of Chapter 21 of Title 24 of the 1976 Code is amended by
adding the following new sections:
"Section 24-21-11. If any member of the Board shall be guilty of
misconduct, persistent neglect of duty, malfeasance, misfeasance or nonfeasance
in office, or has not the capacity to properly discharge his duties, he shall be
subject to removal by the Governor upon any of the foregoing causes being made
to appear to the satisfaction of the Governor. Before removing any such officer,
the Governor shall inform him in writing of the specific charges brought against
him and give him an opportunity, on reasonable notice, to be heard. Appeal
therefrom may be made by such officer in the manner provided for in Section
1-3-250.
Section 24-21-12. The members of the Board shall draw no salaries, but each
member of the Board shall be entitled to such per diem as may be authorized by
law for boards, commissions and committees, plus actual and necessary expenses
incurred pursuant to the discharge of official duties.
Section 24-21-13. It shall be the duty of the Board to oversee, manage and
control the Department. The Board shall develop written policies and procedures
for the following:
(a) the suspending of offenders on probation, parole, and furlough;
(b) the granting of paroles and pardons;
(c) the operation of community based correctional programs.
Section 24-21-14. The Board shall appoint a Commissioner of Paroles and
Pardons, who shall be responsible for scheduling meetings of the Board, assuring
that appropriate cases and investigations are prepared for the Board, maintaining
the official records of the Board, and such other administrative duties as
assigned by the Board relating to Board activities.
The Commissioner shall have academic and professional qualifications
commensurate with his duties and responsibilities including a background in the
social sciences or criminal justice field. Salary for the Commissioner shall be
determined by law.
The Commission shall give a thirty-day written notice of any hearing of the
Board considering parole for a prisoner who has been convicted of a crime of
violence to the following persons:
(a) Any victim of the crime who suffered damage to his person as a result
thereof or in the event such victim is deceased, to members of his or her
immediate family to the best of its ability;
(b) The solicitor who prosecuted the prisoner or his successor in the
jurisdiction in which the crime was prosecuted;
(c) The law enforcement agency that was responsible for the arrest of the
prisoner concerned."
Board to hold regular meetings
SECTION 5. Section 24-21-30 of the 1976 Code is amended to read:
"Section 24-21-30. The Board shall hold regular meetings, as may be
necessary to carry out its duties, but at least four times each year, and as many
extra meetings as the Chairman, or the Governor acting through the Chairman, may
order. The Board may preserve order at its meetings and punish any disrespect or
contempt committed in its presence. The Chairman may direct the members of the
Board to meet as three-member panels to hear matters relating to paroles and
pardons as often as necessary to carry out the Board's responsibilities.
Membership on such panels shall be periodically rotated on a random basis by the
Chairman. At the meetings of the panels, any unanimous vote shall be considered
the final decision of the Board, and the panel may issue an order of parole with
the same force and effect of an order issued by the full Board pursuant to
Section 24-21-650. Any vote that is not unanimous shall not be considered as a
decision of the Board and the matter shall be referred to the full Board which
shall decide it based on a vote of a majority of the membership."
Board to employ executive director
SECTION 6. Section 24-21-210 of the 1976 Code is amended to read:
"Section 24-21-210. The Board shall employ an Executive Director of the
Department. The Board shall have the power at any time to remove the Executive
Director for inefficiency, improper conduct or for any other just cause or reason
after due notice to him of its intention, and an opportunity for the Executive
Director to be heard. The Executive Director shall receive such salary as may be
provided by law. The Executive Director shall also be paid traveling and other
necessary expenses in the performance of his official duties and shall give full
time to the work. The Executive Director shall possess academic and professional
qualifications commensurate with his duties and responsibilities."
Responsibilities of executive director
SECTION 7. Section 24-21-220 of the 1976 Code is amended to read:
"Section 24-21-220. The Executive Director, together with the Board, shall
be vested with the exclusive management and control of the Department and shall
be responsible for the management of the Department and for the proper care,
treatment, supervision and management of offenders under its control. The Board
shall manage and control the Department through the Executive Director selected
by it and it shall be the duty of the Executive Director to carry out the
policies of the Board. The Board shall delegate to the Executive Director
authority to manage the affairs of the Department, subject to the Board's control
and supervision. The Executive Director shall employ within his office such
personnel as may be necessary to carry out his duties and responsibilities
including the functions of probation and parole supervision, community based
programs, financial management, research and planning, staff development and
training, and internal audit. The Board shall cause the Executive Director to
make full and complete reports to each regular meeting of the full Board of the
fiscal affairs of the Department and of the general conditions relating thereto.
The Executive Director shall make annual written reports to the Board, the
Governor, and the General Assembly, providing statistical and other information
pertinent to the Department's activities."
'Executive director to employ probation officers
SECTION 8. Section 24-21-230 of the 1976 Code is amended to read:
"Section 24-21-230. The Executive Director shall employ such probation
officers as required for service in the State and such clerical assistants as may
be necessary. Such probation and parole officers shall be required to take and
pass such psychological and qualifying examinations as directed by the Board. The
Executive Director shall insure that each probation officer shall receive such
training as required by the Board. Until such initial employment requirements are
met, no person may take the oath of a probation officer nor exercise the
authority granted thereto"
Board may parole
SECTION 9. Section 24-21-610 of the 1976 Code is amended to read:
"Section 24-21-610. In all cases cognizable under this chapter the Board
may, upon ten days' written notice to the solicitor and judge who participated
in the trial of any prisoner, parole such prisoner convicted of a felony and
imprisoned in the state penitentiary, in any jail or upon the public works of any
county:
(l) Who, if sentenced for not more than thirty years, shall have served at
least one third of the term;
(2) Who, if sentenced to life imprisonment or imprisonment for any period in
excess of thirty years, shall have served at least ten years;
(3) Who, if he is a first offender and is sentenced for an indeterminate term
shall have served the minimum for which he was sentenced.
Provided, if after January 1, 1984, the Board shall find that the statewide
case classification system provided for in Chapter 23 of this title has been
implemented, that an intensive supervision program for parolees who require more
than average supervision has been implemented, that a system for the periodic
review of all parole cases in order to assess the adequacy of supervisory
controls and of parolee participation in rehabilitative programs has been
implemented, and that a system of contracted rehabilitative services for parolees
is being furnished by public and private agencies, then in all cases cognizable
under this chapter the Board may, upon ten days' written notice to the solicitor
and judge who participated in the trial of any prisoner, to the victim or
victims, if any, of such felony, and to the sheriff of the county where the
prisoner resides or will reside, parole such prisoner convicted of a felony and
imprisoned in the state penitentiary, in any jail or upon the public works of any
county:
(1) Who, if sentenced for the crime of murder, armed robbery, criminal sexual
assault, assault and battery with intent to kill or kidnapping, shall have served
at least one third of the term; provided, that for any other crime the prisoner
shall have served at least one fourth of the term;
(2) Who, if sentenced to life imprisonment or imprisonment for any period in
excess of forty years, shall have served at least ten years;
(3) Who, if he is a first offender and is sentenced for an indeterminate term
shall have served the minimum for which he was sentenced.
Provided, further, that the provisions of this section shall not affect the
parole ineligibility provisions for murder and armed robbery as set forth
respectively in Section 16-3-20 and Section 16-11-330.
Provided, further, that in computing parole eligibility, no deduction of time
shall be allowed in any case for good behavior, but that after June 30, 1981,
there shall be deductions of time in all cases for earned work credits,
notwithstanding the provisions of Section 16-3-20, Section 16-11-330 and Section
24-13-230.
Notwithstanding the provisions of this section, the Board may parole any
prisoner not sooner than one year prior to the prescribed date of parole
eligibility when, based on medical information furnished to it, the Board
determines that the physical condition of the prisoner concerned is so serious
that he would not be reasonably expected to live for more than one year.
Notwithstanding any other provision of this section or of law, no prisoner who
has served a total of ten consecutive years or more in prison shall be paroled
until the Board has first received a report as to his mental condition and his
ability to adjust to life outside the prison from a duly qualified psychiatrist
or psychologist."
Board to review cases
SECTION 10. Section 24-21-620 of the 1976 Code is amended to read:
"Section 24-21-620. Within the ninety-day period preceding a prisoner
having served one-fourth of his sentence, the Board, either acting in a
three-member panel or meeting as a full Board, shall review the case, regardless
of whether or not any application has been made therefor, for the purpose of
determining whether or not such prisoner is entitled to any of the benefits
provided for in this chapter; provided, that in cases of prisoners in confinement
due to convictions for nonviolent crimes, an administrative hearing officer may
be appointed by the Commissioner of Paroles and Pardons to review the case who
shall submit to the full Board written findings of fact and recommendations,
which shall be the basis for a determination by the Board. Upon an affirmative
determination, the prisoner shall be granted a provisional parole. Upon a
negative determination, the prisoner's case shall be reviewed every twelve months
thereafter for the purpose of such determination."
Determine time for eligibility to be paroled
SECTION 11. The 1976 Code is amended by adding:
"Section 24-21-635. For the purpose of determining the time required to
be served by a prisoner before he shall be eligible to be considered for parole,
notwithstanding any other provision of law, all prisoners shall be given benefit
of earned work credits awarded pursuant to Section 24-13-230."
Board to consider record
SECTION 12. Section 24-21-640 of the 1976 Code is amended to read:
"Section 24-21-640. The Board shall carefully consider the record of the
prisoner before and after imprisonment, and no such prisoner shall be paroled
until it shall appear to the satisfaction of the Board that the prisoner has
shown a disposition to reform; that in the future he will probably obey the law
and lead a correct life; that by his conduct he has merited a lessening of the
rigors of his imprisonment; that the interests of society will not be impaired
thereby; and that suitable employment has been secured for him. The Board shall
establish written, specific criteria for the granting of parole and provisional
parole. Such criteria shall reflect all of the aspects of this section. The
criteria shall be made available to all prisoners at the time of their
incarceration and the general public. The paroled prisoner shall, as often as may
be required, render a written report to the Board giving such information as may
be required by the Board which shall be confirmed by the person in whose
employment the prisoner may be at the time."
Board may issue order
SECTION 13. Article 7 of Chapter 21 of Title 24 of the 1976 Code is amended by
adding:
"Section 24-21-645. The Board may issue an order authorizing the parole
which shall be signed either by a majority of its members or by all three members
meeting as a parole panel on the case ninety days prior to the effective date of
the parole. A provisional parole order shall include the terms and conditions,
if any, to be met by the prisoner during the provisional period and terms and
conditions, if any, to be met upon parole. Upon satisfactory completion of the
provisional period, the Executive Director or one lawfully acting for him, shall
issue an order, which, if accepted by the prisoner, shall provide for his release
from custody."
Definitions
SECTION 14. Article 14 of Chapter 21 of Title 24 of the 1976 Code is amended
by adding:
"Section 24-21-940. A. 'Pardon' means that an individual is fully
pardoned from all the legal consequences of his crime and of his conviction,
direct and collateral, including the punishment, whether of imprisonment,
pecuniary penalty or whatever else the law has provided.
B. 'Successful completion of supervision' as used in this article shall mean
free of conviction of any type other than minor traffic offenses.
Section 24-21-950. The following guidelines shall be utilized by the Board when
determining when an individual is eligible for pardon consideration.
A. Probationers shall be considered upon the request of the individual anytime
after discharge from supervision.
B. Persons discharged from a sentence without benefit of parole shall be
considered upon the request of the individual anytime after the date of
discharge.
C. Parolees shall be considered for a pardon upon the request of the individual
anytime after the successful completion of five years under supervision. Parolees
successfully completing the maximum parole period, if less than five years, shall
be considered for pardon upon the request of the individual anytime after the
date of discharge.
D. An inmate shall be considered for pardon prior to parole eligibility date
only when he can produce evidence comprising the most extraordinary
circumstances.
Section 24-21-960. Any individual who has a request for pardon considered but
denied must wait for a period of one year from the date of denial to become
eligible for reapplication.
Section 24-21-970. Consideration shall be given to any inmate afflicted with
a terminal illness where life expectancy is one year or less.
Section 24-21-980. Once delivered, a pardon cannot be revoked unless it was
contained through fraud. If a pardon is obtained through fraud, it is void.
Section 24-21-990. A pardon shall fully restore all civil rights lost as a
result of a conviction, which shall include the right to:
(1) register to vote;
(2) vote;
(3) serve on a jury;
(4) hold public office;
(5) testify without having the fact of his conviction introduced for
impeachment purposes unless the crime indicates a lack of veracity;
(6) not have his testimony excluded in a legal proceeding if convicted of
perjury;
(7) be licensed for any occupation requiring a license.
Section 24-21-1000. For those applicants to be granted a pardon, a certificate
of pardon shall be issued by the Board stating that the individual is absolved
from all legal consequences of his crime and conviction, and that all of his
civil rights are restored."
Case classification system and community corrections plan
SECTION 15. Title 24 of the 1976 Code is amended by adding:
"Chapter 23
Case Classification System and Community Corrections Plan
Article 1
Development of a Statewide Case Classification System and a Community Corrections
Plan
Section 24-23-10. The Board shall develop a plan for the implementation of a
statewide case classification system. The Board, the Department of Corrections,
and the Governor's Office shall jointly develop a specific plan for the statewide
implementation of new community-based correctional programs. The plan shall
include descriptions of the new programs, the eligibility criteria for placing
offenders on the programs, the administrative and legal requirements for
implementation, the projected impact of the programs on the state inmate
population and the financial requirements and timetable for the statewide
implementation of the programs. These plans shall be submitted to the Legislature
by January, 1982.
Section 24-23-20. The case classification plan shall provide for the case
classification system consisting of the following:
(a) Supervisory control requirements which include, but are not limited to,
restrictions on the probationer/parolee's movement in the community, living
arrangements, social associations and reporting requirements;
(b) Rehabilitation needs of probationer/parolee including, but not limited
to, employment, education, training, alcohol and drug treatment, counseling and
guidance with regard to alcohol and drug abuse, psychological or emotional
problems, or handicaps;
(c) Categorization of the offender as to the extent and type of staff time
needed, possible assignment to specialized caseload or treatment programs, and
specifics as to the degree of perceived risk posed by the probationer/parolee:
(d) Identification of strategies and resources to meet the identified needs,
and specific objectives for the probationer/parolee to strive to meet such as
obtaining employment, participating in a counseling program, and securing better
living arrangements;
(e) Periodic and systematic review of cases to assess the adequacy of
supervisory controls, participation in rehabilitation programs, and need for
recategorization based upon the behavior and progress of the probationer/parolee;
(f) Regular statewide monitoring and evaluation of the case classification
by appropriate supervisory, classification, and program development/evaluation
staff in the central administrative office.
Section 24-23-30. The community corrections plan shall include but not be
limited to describing the following community-based program needs:
(a) An intensive supervision program for probationers and parolees who
require more than average supervision;
(b) A supervised inmate furlough program whereby inmates under the
jurisdiction of the Department of Corrections can be administratively transferred
to the supervision of state probation and parole agents for the purposes of
prerelease preparation, securing employment and living arrangements, or obtaining
rehabilitation services;
(c) A contract rehabilitation services program whereby private and public
agencies, such as the Department of Vocational Rehabilitation and Mental Health
and the various county commissions on alcohol and drug abuse, provide diagnostic
and rehabilitative services to offenders who are under the Board's jurisdiction;
(d) Community-based residential programs whereby public and private agencies
as well as the Board establish and operate halfway houses for those offenders who
cannot perform satisfactorily on probation or parole;
(e) Expanded use of presentence investigations and their role and potential
for increasing the use of community-based programs, restitution and victim
assistance;
(f) Identification of programs for youthful and first offenders.
Section 24-23-40. The community corrections plan shall provide for:
(a) The Board's development, implementation, monitoring and evaluation of
statewide policies, procedures and agreements with state agencies, such as the
Departments of Vocational Rehabilitation and Mental Health and the Commission on
Alcohol and Drug Abuse, for purposes of coordination and referral of probationers
and parolees for rehabilitation services.
(b) The Board's development of specific guidelines for the vigorous
monitoring of restitution orders and fines to increase the efficiency of
collection and development of a systematic reporting system so as to notify the
judiciary of restitution and fine payment failures on a regular basis.
(c) The Board's development of a program development-and-evaluation
capability so that the Department can monitor and evaluate the effectiveness of
the above programs as well as to conduct research and special studies on such
issues as parole outcomes, revocations and recidivism.
(d) The Board's development of adequate training and staff development for
its employees.
Article 2
Sentencing and Probation Procedures
Section 24-23-110. Judges of the Court of General Sessions may suspend the
imposition or the execution of a sentence and may impose a fine and a restitution
without requiring probation. The Board shall implement the necessary policies and
procedures to ensure the payment of such fines and restitution and report to the
court failures to pay.
Section 24-23-120. A Judge of the Court of General Sessions who has reason to
believe a defendant suffers from a mental disorder, retardation, or substantial
handicap, shall order a presentence investigation to be completed and submitted
to the court.
Section 24-23-130. Upon the satisfactory fulfillment of the conditions of
probation for a period of two years, the court may, with the recommendation of
the head probation officer in charge of the responsible county probation office,
terminate the probationer from supervision.
Article 3
Funding
Section 24-23-210. The community corrections program shall be supported by
revenue generated as follows:
A. When any person is convicted, pleads guilty or nolo contendere, or forfeits
bond to any offense which is within the jurisdiction of a municipal or
magistrate's court, other than a nonmoving traffic violation, there is hereby
imposed an assessment, in addition to any other cost or fine imposed by law, in
the sum of two dollars.
B. When any person is convicted, pleads guilty or nolo contendere, or forfeits
bond to any offense within the jurisdiction of the Court of General Sessions,
there is hereby imposed an assessment, in addition to any other cost or fine
imposed by law, in the sum of twenty dollars. Additionally, when sentencing a
person convicted of an offense which has proximately caused physical injury or
death to the victim the court may order the defendant to pay an assessment
commensurate with the offense committed, not to exceed twenty thousand dollars,
for the benefit of victims of crime.
Provided, that any judge of competent jurisdiction may suspend imposition of
all or part of the assessments made under this section upon finding that such a
requirement would place severe financial hardship upon the offender or his
family.
Section 24-23-220. Any offender required under this article to pay an
assessment shall make such payment to the clerk of court in that county within
the time frame specified by the judge. The clerk of court, after duly noting and
recording the receipt of such payments, shall transfer those funds to the State
Treasurer who shall deposit them in the state's general fund. One-half of these
funds shall be appropriated to the Department for the express purpose of
developing and operating community corrections programs. The remainder of the
funds shall be utilized as the Legislature shall direct, with priority being
given to such victim assistance programs as may be enacted.
Section 24-23-230. The assessments, collections and transfers specified in this
article shall become effective on July 1, 1981. For fiscal year 1981-1982 only,
the Legislature may appropriate no more than five percent of the funds projected
to be collected during fiscal year 1981-1982 to the Department for the
development and administration of community corrections programs; the balance of
one-half of the funds collected shall be retained in the general fund for
operation of the community corrections programs in subsequent years; the
remainder of the funds collected shall be utilized for the development and
operation of such victim assistance programs as may be enacted."
Furloughs
SECTION 16. Chapter 13 of Title 24 of the 1976 Code is amended by adding:
" Article 9
Furloughs
Section 24-13-710. The Department of Corrections and the Parole and Community
Corrections Board will jointly develop the policies, procedures, guidelines and
cooperative agreement for the implementation of a supervised furlough program
which will permit carefully screened and selected inmates who have not committed
the crime of murder, armed robbery, criminal sexual assault, assault and battery
with intent to kill or kidnapping to be placed on furlough under the supervision
of State Probation and Parole agents. The two agencies 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 agencies
will specify the responsibilities and authority for implementing and operating
the program. Inmates approved and placed on the program will be under the
supervision of agents of the Department of Parole and Community Corrections who
will be responsible for insuring 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 shall require that the inmate accomplish all of the following:
(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."
Department may extend work release program
SECTION 17. Section 1 of Act 185 of 1977 is amended to read:
"Section 1. The Department of Corrections (department) may establish an
extended work release program. The program may allow the exceptional regular work
release resident, male or female, convicted of a first and not more than a second
offense, the opportunity of extended work release placement in the community with
the privilege of residing with an approved community sponsor and continuing
employment in the community."
Qualifications for participation in program
SECTION 18. Section 2 of Act 185 of 1977 is amended to read:
"Section 2. An extended work release program participant shall prove to
the department that he:
(1) has satisfactorily participated in the regular work release program for
at least two months;
(2) has maintained a clear disciplinary record since assignment to the work
release program;
(3) has exhibited a general desire to become a law abiding member of society;
(4) has satisfied such other reasonable requirements imposed upon him by the
department."
Additional work release centers
SECTION 19. The Department of Corrections shall develop a plan for the
establishment of additional work release centers in all major metropolitan areas
in the State to be submitted to the Legislature by January, 1982, for its review
and approval. The plan shall set forth the feasibility and requirements of such
a plan and describe the impact of the proposed plan on the existing inmate
population as well as on the communities where the additional centers would be
opened. The plan shall also describe the administrative, legal and financial
requirements to implement the plan.
Department shall screen offenders
SECTION 20. Article 1 of Chapter 13 of Title 24 of the 1976 Code is amended by
adding:
"Section 24-13-60. The Department of Corrections shall automatically
screen all offenders committed to its agency for nonviolent offenses with
sentences of five years or less for possible placement on work release or
supervised furlough."
Repeal
Section 21. Section 17 of Act 496 of 1978 is repealed.
Time effective
Section 22. This act shall take effect upon approval by the Governor. |