Current StatusView additional legislative information at the LPITS web site.Bill Number: 234 Ratification Number: 148 Act Number 100 Introducing Body: Senate Subject: Probation, Pardon and Parole, board and dept. of, name changed
(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.