Current Status Introducing Body:House Bill Number:4140 Primary Sponsor:Wilkins Type of Legislation:GB Subject:Prisoners, work and early release, truth in sentencing Residing Body:House Computer Document Number:DKA/4563AL.93 Introduced Date:19930422 Last History Body:House Last History Date:19940322 Last History Type:Objection withdrawn by Representative Scope of Legislation:Statewide All Sponsors:Wilkins Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4140 House 19940322 Objection withdrawn by Scott
Representative
4140 House 19940209 Objection by Representative J. Brown
White
Cobb_Hunter
Inabinett
Kennedy
Neal
Breeland
Whipper
Canty
G. Brown
Hines
McMahand
Anderson
Byrd
4140 House 19940208 Debate adjourned until
Wednesday, February 9, 1994
4140 House 19940203 Debate adjourned until
Tuesday, February 8, 1994
4140 House 19940201 Debate adjourned until
Wednesday, February 2, 1994
4140 House 19940126 Debate adjourned until
Tuesday, February 1, 1994
4140 House 19940126 Objection by Representative Scott
4140 House 19940119 Committee Report: Favorable 27
with amendment
4140 House 19930422 Introduced, read first time, 27
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
January 19, 1994
H. 4140
S. Printed 1/19/94--H.
Read the first time April 22, 1993.
To whom was referred a Bill (H. 4140), to amend the Code of Laws of South Carolina, 1976, by adding Sections 24-13-100, 24-13-150, and 24-13-175 so as to provide for eligibility for work release, etc., respectfully
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:
/SECTION 1. The 1976 Code is amended by adding:
"Section 24-13-100. Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:
(1) sixty percent of the sentence imposed if the prisoner is considered `violent' as defined under Section 16-1-60; or
(2) fifty percent of the sentence imposed if the prisoner is considered `nonviolent' as defined under Section 16-1-70.
This section does not apply in cases of emergency prison overcrowding as provided under Chapter 22 of this title."
SECTION 2. The 1976 Code is amended by adding:
"Section 24-13-150. Notwithstanding another provision of law, a prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-20, is not eligible for early release or discharge including, but not limited to, extended work release and community supervision until the prisoner has served:
(1) ninety percent of the sentence imposed if the offender is considered `violent' as defined in Section 16-1-60; or
(2) eighty percent of the sentence imposed if the offender is considered `nonviolent' as defined in Section 16-1-70.
This section does not apply in cases of emergency prison overcrowding as provided in Chapter 22 of this title."
SECTION 3. The 1976 Code is amended by adding:
"Section 24-13-175. Notwithstanding another provision of law. sentences imposed and time served must be computed based upon a three hundred and sixty-five day year."
SECTION 4. Title 24 of the 1976 Code is amended by adding:
Section 24-27-10. (A) There is established the South Carolina Criminal Justice Commission composed of eleven voting members as follows:
(1) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;
(2) one Circuit Court judge, appointed by the Chief Justice of the Supreme Court;
(3) 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;
(4) the Dean of the Law School of the University of South Carolina, or his designee;
(5) the South Carolina Attorney General, or his designee;
(6) a solicitor appointed by the Chairman of the South Carolina Circuit Solicitor's Association;
(7) the Director of the Victims' Assistance Network, or his designee;
(8) the Chief of the State Law Enforcement Division, or his designee;
(9) the Chairman of the Commission on Appellate Defense, or his designee who must be a member of that commission or who must be the director of the commission;
(10) the Director of the South Carolina Department of Corrections, or his designee;
(11) the Director of the Department of Probation, Pardon Services, and Community Supervision or his designee.
(B) In addition, there are six nonvoting members of the commission as follows:
(1) three members of the Senate designated by the President Pro Tempore of the Senate;
(2) three members of the House of Representatives designated by the Speaker of the House.
(C) The appointed members of the commission shall serve for a term of four years. The members of the commission who are designated to serve by a particular person or official shall serve at the pleasure of that person or official making the designation and only so long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and a vacancy must be filled in the manner of original appointment for the remainder of the unexpired term.
(D) The members of the commission shall elect one member to serve as chairman for a term of one year. The members of the commission also may elect additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.
Section 24-27-20. The South Carolina Criminal Justice Commission shall:
(1) serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices, and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;
(2) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing;
(3) review and issue its opinion on criminal justice bills that have passed either the Senate or the House;
(4) study current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities. It shall make a yearly report on these matters;
(5) employ a staff director, a professional statistician, and other professional and clerical personnel upon the appropriation of sufficient funds of the General Assembly. The professional statistician and other personnel must be hired by the staff director. The duties of the staff director and the other personnel of the commission must be set by the commission.
Section 24-27-30. The commission shall receive the funding as may be provided by the General Assembly, and the commission is authorized to expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities.
Section 24-27-40. The commission, by vote of a majority of the membership, has the power to establish general policies."
SECTION 5. Section 16-3-20 of the 1976 Code is amended to read:
"Section 16-3-20. (A) A person who is convicted of or pleads guilty to murder must be punished by death, or by imprisonment for life, and is not eligible for parole until the service of twenty years; provided, however, that when the State seeks the death penalty and an aggravating circumstance is specifically found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the court must impose a sentence of life imprisonment without eligibility for parole until the service of thirty years or imprisonment for not less than thirty years. For purposes of this section, `life' means until death. Provided, further, that under no circumstances may a female who is pregnant with child be executed so long as she is in that condition. When the Governor commutes a sentence of death under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole. No person sentenced under the provisions of this subsection may receive any work-release credits, good-time credits, or any other credit that would reduce the mandatory imprisonment required by this subsection.
(B) Upon conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death, or life imprisonment, or imprisonment for not less than thirty years. The proceeding shall must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding shall must be conducted before the court. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has made known to the defendant in writing prior to before the trial shall be is admissible. This section shall must not be construed to authorize the introduction of any evidence secured in violation of the Constitutions of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel shall be are permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.
(C) The judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances otherwise authorized or allowed by law and any of the following statutory aggravating and mitigating circumstances which may be supported by the evidence:
(a) Aggravating circumstances:
(1) The murder was committed while in the commission of the following crimes or acts:
(a) criminal sexual conduct in any degree;
(b) kidnapping;
(c) burglary in any degree;
(d) robbery while armed with a deadly weapon;
(e) larceny with use of a deadly weapon;
(f) killing by poison;
(g) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or
(h) physical torture.
(2) The murder was committed by a person with a prior conviction for murder.
(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.
(4) The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.
(5) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.
(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.
(7) The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.
(8) The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. `Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent, or a person living in the official's household and related to him by blood or marriage.
(9) Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.
(10) The murder of a child eleven years of age or under.
(b) Mitigating circumstances:
(1) The defendant has no significant history of prior criminal conviction involving the use of violence against another person.
(2) The murder was committed while the defendant was under the influence of mental or emotional disturbance.
(3) The victim was a participant in the defendant's conduct or consented to the act.
(4) The defendant was an accomplice in the murder committed by another person and his participation was relatively minor.
(5) The defendant acted under duress or under the domination of another person.
(6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.
(7) The age or mentality of the defendant at the time of the crime.
(8) The defendant was provoked by the victim into committing the murder.
(9) The defendant was below the age of eighteen at the time of the crime.
(10) The defendant had mental retardation at the time of the crime. `Mental retardation' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
The statutory instructions as to aggravating and mitigating circumstances shall must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be is a recommendation of death, shall designate in writing, and signed by all members of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding an one or more aggravating circumstance or circumstances beyond a reasonable doubt, shall, in writing, and signed by all members of the jury, shall designate the aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make such the designation. Unless at least one of the statutory aggravating circumstances enumerated in this section is so found, the death penalty shall must not be imposed.
Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. The trial judge, prior to before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to life imprisonment as provided in subsection (A) or imprisonment for not less than thirty years. In the event that all members of the jury, after a reasonable deliberation, cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such the jury and shall sentence the defendant to life imprisonment as provided in subsection (A) or imprisonment for not less than thirty years. Before dismissing the jury, the trial judge shall question the jury as to whether or not it found an aggravating circumstance or circumstances beyond a reasonable doubt. If the jury has found an one or more aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such that penalty is not unanimous as provided.
(D) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment, any a person called as a juror shall must be examined by the attorney for the defense.
(E) In every a criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror therein by reason of his beliefs or attitudes against capital punishment unless such those beliefs or attitudes would render him unable to return a verdict according to law."
SECTION 6. Section 16-3-625 of the 1976 Code is amended to read:
"Section 16-3-625. Any A person seventeen years of age or older who resists the lawful efforts of a law enforcement officer to arrest him or her or any other another person with the use or threat of use of any a deadly weapon against the officer, when such and the person is in possession or claims to be in possession of a deadly weapon, shall be deemed is guilty of a felony and, upon conviction, shall must be punished by imprisonment for imprisoned not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall may be suspended to less than six months nor shall the persons so sentenced be eligible for parole until after service of six months. No person sentenced sentence imposed under this section for a second or subsequent offense shall have such sentence may be suspended to less than two years nor shall such person be eligible for parole until after service of two years.
As used in this section `deadly weapon' shall mean means a shotgun, rifle, pistol, or knife.
This section shall in no manner does not affect or replace the common law crime of assault and battery with intent to kill nor shall does it apply if the sentencing judge, in his discretion, elects to sentence an eligible defendant under the provisions of the `Youthful Offenders Act'."
SECTION 7. Section 16-3-1260 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:
"Section 16-3-1260. (1) Any A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article shall create creates a debt due and owing to the State by any a person found in as determined by a court of competent jurisdiction of this State, to have who has committed such the criminal act.
(2) The circuit court, when placing on probation any a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may also set the schedule or amounts of payments subject to modification based on change of circumstances.
(3) The Department of Parole and Community Corrections shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole.
(4) When a juvenile is adjudicated delinquent in a Family Court proceeding involving a crime upon which a claim under this article can be made, the Family Court, in its discretion, may order that the juvenile pay the debt to the Victim's Compensation Fund State Office of Victim Assistance, as created by this article, as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in Section 20-7-1330.
(5)(4) Payments authorized or required under this section must be paid to the Victim's Compensation Fund State Office of Victim Assistance. The Director of the Victim's Compensation Fund State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the South Carolina Office of Court Administration, and the South Carolina Board Department of Parole Probation, Pardon Services, and Community Corrections Supervision to assure that victim restitution programs are administered in an effective manner to increase payments into the Compensation Fund State Office of Victim Assistance.
(6)(5) Restitution payments to the Victim's Compensation Fund State Office of Victim Assistance may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders wages shall must not be used for this purpose if such monthly wages are at or below minimums required to purchase basic necessities."
SECTION 8. The first paragraph of Section 16-3-1530(C) of the 1976 Code, as last amended by Act 68 of 1991, is further amended to read:
"Victims and witnesses who wish to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole and Pardon Services, and Community Supervision their current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole and Pardon Services, and Community Supervision files, is privileged and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction. The solicitor's office which is prosecuting the case has the responsibility of the rights in this subsection, except items (6) and (7) which are the responsibility of the Department of Probation, Parole and Pardon Services, and Community Supervision and the Department of Corrections."
SECTION 9. Section 16-3-1530(D)(3) of the 1976 Code is amended to read:
"(3) A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge shall order restitution at every sentencing for a crime against person or property or as a condition of probation or parole, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution."
SECTION 10. Section 16-3-1550(B) of the 1976 Code, as last amended by Act 579 of 1988, is further amended to read:
"(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections and to the Parole and Community Corrections Board Department of Probation, Pardon Services, and Community Supervision. Solicitors shall begin using these victim impact statements no later than January 1, 1985."
SECTION 11. Section 16-11-311 of the 1976 Code is amended to read:
"Section 16-11-311. (A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime therein in the dwelling, and either:
(1) when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:
(a) is armed with a deadly weapon or explosive; or
(b) causes physical injury to any a person who is not a participant in the crime; or
(c) uses or threatens the use of a dangerous instrument; or
(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
(3) the entering or remaining occurs in the nighttime.
(B) Burglary in the first degree is a felony punishable by life imprisonment; provided, that the. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years, provided, that no person convicted of burglary in the first degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence."
SECTION 12. Section 16-11-330 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned:
(1) for a mandatory minimum term of ten years and not more than thirty years, no part of which may be suspended. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.
(1)(2) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act) convicted of armed robbery shall receive and serve a for a mandatory minimum sentence of at least three years, no part of which may be suspended if the person is under the age of twenty-one and sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act). The person is not eligible for parole or probation until he has served a three year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act).
(B) A person convicted for attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."
SECTION 13. Section 16-11-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 16-11-340. The South Carolina Department of Revenue and Taxation, with funds already appropriated to the department, shall print and distribute to each business establishment in this State, to which has been issued a retail sales tax license, a cardboard placard not less than eight inches by eleven inches which shall bear bears the following inscription in letters not less than three-fourths inch high:
`BY ACT OF THE SOUTH CAROLINA GENERAL ASSEMBLY ANY A PERSON CONVICTED OF ARMED ROBBERY SHALL SERVE A SENTENCE OF NO LESS THAN SEVEN TEN YEARS AT HARD LABOR WITHOUT PAROLE.'
Such The placard shall must be prominently displayed in all retail establishments to which they are issued."
SECTION 14. Section 17-25-45 of the 1976 Code is amended to read:
"Section 17-25-45. (1) A.(A) (1) Notwithstanding any other another provision of law, any a person who has three convictions under the laws of this State, any other another state, or the United States, for a violent crime as defined in Section 16-1-60, except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such a violent crime, must be sentenced to life imprisonment without parole. For purposes of this section `life imprisonment' means until death.
B.(2) For the purpose of this section only, a conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.
(2)(B) The decision to invoke sentencing under subsection (1)(A) shall be is in the discretion of the solicitor."
SECTION 15. Section 24-1-200 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-1-200. The director shall inquire and examine into the sentences under which the convicts in the prison are confined and also into the condition, physical, or otherwise, of the convicts undergoing sentence and shall report to the Board of Probation, Parole and Pardon Services, and Community Supervision Board quarterly, on the first day of November, February, May, and August in each year, such cases as it may deem consider, after such examination, fit subjects for clemency."
SECTION 16. Section 24-3-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-3-20. (a)(A) Notwithstanding the provisions of Section 24-3-10, any a person convicted of an offense against the State of South Carolina and committed to the State Penitentiary at Columbia shall a state correctional facility must be in the custody of the South Carolina Department of Corrections of the State of South Carolina, and the director shall designate the place of confinement where the sentence shall must be served. The director may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the State department of Corrections or otherwise. Provided, that if the facility is not maintained by the department, the consent of the sheriff of the county wherein where the facility is located must first be obtained.
(b) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it 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) such 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.
(c)(B) Notwithstanding the provisions of Section 24-3-10 or any other provisions of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. Provided, however, that the The Department of Corrections shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate shall must be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department of Corrections shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education, and counseling. The department of Corrections shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The State Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.
(d)(C) The Department of Corrections may establish a restitution program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the State department of Corrections to reimburse the victim for the value of the property stolen or damages caused by such the offense. In the event that there is no victim involved, the person convicted shall contribute to the administration of the program. The department of Corrections is authorized to promulgate regulations necessary to administer the program.
(e)(D) In the event that a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the South Carolina department of Corrections in the administration of the restitution program."
SECTION 17. Section 24-3-35 of the 1976 Code is amended to read:
"Section 24-3-35. The governing body of any a county in this State may allow prisoners under the county's jurisdiction who are housed in a county prison facility and who are serving a sentence of ninety days or less to perform litter removal functions within the county. The governing body of each county by ordinance shall be is authorized to and shall establish guidelines for such litter removal by prisoners, which. The guidelines shall must include a provision for a reduction of the sentence of the prisoners so used not to exceed a one-day reduction of the sentence for each two days of litter removal work performed. No prisoner is eligible for early release or discharge, regardless of credit received for litter removal work, until the minimum sentence requirements provided in Section 24-13-100 are met."
SECTION 18. Section 24-3-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-3-210. The director may extend the limits of the place of confinement of a prisoner, as to whom there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:
(1) contact prospective employers;
(2) secure a suitable residence for use when released on parole or upon discharge;
(3) obtain medical services not otherwise available;
(4) participate in a training program in the community or any other compelling reason consistent with the public interest;
(5) visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister.
The director also may similarly extend similarly the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that such the inmate will honor his trust. A prisoner allowed to leave his confinement as provided under items (1), (2), and (5) must return to his confinement within seventy-two hours.
The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director shall be deemed is considered an escape from the custody of the director punishable as provided in Section 24-13-410."
SECTION 19. Section 24-3-410(B)(1) of the 1976 Code, as last amended by Act 19 of 1991, is further amended to read:
"(1) articles manufactured or produced by persons on parole or probation;"
SECTION 20. Section 24-13-230(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) The Director of the Department of Corrections may allow any a prisoner in the custody of the department, 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. However, no inmate serving the sentence of life imprisonment is entitled to credits under this provision. A maximum annual credit for both work credit and class credit is limited to one hundred eighty days. Notwithstanding other provisions of law, no inmate is entitled to an amount of credit that results in an earlier release than is allowed under the minimum sentence requirements as provided in Section 24-13-150. 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. No credits earned under this section may be applied in a manner which would prevent full participation in the department's prerelease and community supervision program. If an inmate is released early due to credits earned from productive duty assignment, the inmate must serve the remainder of his sentence under community supervision as provided in Section 24-13-710."
SECTION 21. Section 24-13-710 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-13-710. (A) The Department of Corrections and the Department of Probation, Parole and Pardon Services, and Community Supervision shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough community supervision program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law Section 24-3-150 or have not committed a violent crime as defined in Section 16-1-60 nor committed 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 community supervision under the supervision of state probation and parole community supervision 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.
(B) The department and the Department of Probation, Parole and Pardon Services, and Community Supervision 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 community supervision 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, and Community Supervision who are 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/and drug treatment.
(C) 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 before 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.
(D) 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 community supervision program.
These requirements do not apply to the crimes referred to in this section.
(E) If, during the term of community supervision, a prisoner commits an offense or violates a rule or regulation of the Department of Corrections or the Department of Probation, Pardon Services, and Community Supervision all or any of his early release may be forfeited at the discretion of the Board of Probation, Pardon Services, and Community Supervision and he may be required to serve the remainder of his sentence in prison."
SECTION 22. Section 24-13-1310(1) of the 1976 Code, as last amended by Act 520 of 1992, is further amended to read:
"(1) `Eligible inmate' means a person committed to the South Carolina Department of Corrections:
(a) who has not reached the age of thirty years at the time of admission to the department;
(b) who is eligible for release on parole in two years or less;
(c) who has not been convicted of a violent crime as defined in Section 16-1-60;
(d)(c) who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;
(e)(d) who physically is able to participate in the program;
(f)(e) whose sentence specifically does not prohibit the offender from participating in the shock incarceration program."
SECTION 23. Section 24-13-1320(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(B) For each reception center the commissioner director shall appoint or cause to be appointed a shock incarceration selection committee which must include at least one representative of the Department of Probation, Parole, and Pardon Services, and Community Supervision and which shall meet on a regularly scheduled basis to review all applications for a program."
SECTION 24. Section 24-13-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-13-1330. (A) An eligible inmate may make an application to the shock incarceration screening committee for permission to participate in a shock incarceration program. If the department has a victim witness notification request for an eligible inmate who has made an application, it shall notify the victim of the application. Upon order by the court, the committee may consider an inmate for participation in the shock incarceration program.
(B) The committee shall consider input received from law enforcement agencies, victims, and others in making its decision for approval or disapproval of participation. If the committee determines that an inmate's participation in a program is consistent with the safety of the community, the welfare of the applicant, and the regulations of the department, the committee shall forward the application to the commissioner director or his designee for approval or disapproval.
(C)(B) An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:
`I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the commissioner director. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence.'
(D)(C) An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release.
(E)(D) Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program."
SECTION 25. Section 24-13-1520(1) and (2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(1) `Department' means, in the case of a juvenile offender, the Department of Juvenile Justice and, in the case of an adult offender, the Department of Probation, Parole and Pardon Services, and Community Supervision, the Department of Corrections, and any other law enforcement agency created by law.
(2) `Court' means a circuit or family court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services, and Community Supervision, Board of Juvenile Parole, and the Department of Corrections."
SECTION 26. Section 24-13-1590(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(2) diminishes the lawful authority of the courts of this State, the Department of Juvenile Justice, or the Department of Probation, Parole and Pardon Services, and Community Supervision to regulate or impose conditions for probation or parole."
SECTION 27. Section 24-19-160 of the 1976 Code is amended to read:
"Section 24-19-160. Nothing in this chapter shall limit limits or affect affects the power of any a court to suspend the imposition or execution of any a sentence and place a youthful offender on probation.
Nothing in this chapter shall may be construed in anywise to amend, repeal, or affect the jurisdiction of the Board of Probation, Parole, and Pardon Services, Board and Community Supervision. For parole purposes, a sentence pursuant to Section 24-19-50 (c) shall be considered a sentence for six years."
SECTION 28. Section 24-21-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-10. (A) The Department of Probation, Parole and Pardon Services, and Community Supervision, hereafter referred to as the `department', is governed by the director of Probation, Parole and Pardon Services the department, hereafter referred to as the `director'. The director must be appointed by the Governor with the advice and consent of the Senate.
(B) The Board of Probation, Parole and Pardon Services, and Community Supervision is composed of seven members. The terms of office of the members are for six years and until their successors are appointed and qualify. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at-large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms."
SECTION 29. Section 24-21-13 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-13. (A) It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following:
(1) the supervising of offenders on probation, parole or community supervision, and other offenders released from incarceration prior to before the expiration of their sentence;
(2) the granting of paroles and pardons;
(3) the operation of community-based correctional programs; and
(4) the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations.; and
(5) the development of additional work release programs.
The director shall establish priority programs for litter control along state and county highways. This must be included in the `public service work' program.
(B) It is the duty of the board to consider cases for parole, pardon, and any other form of clemency provided for under law."
SECTION 30. 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 and community supervision as often as necessary to carry out the board's responsibilities. Membership on such the panels shall must be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered is 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 A vote that is not unanimous shall is not be considered as a decision of the board and the matter shall must be referred to the full board which shall decide it based on a vote of a majority of the membership."
SECTION 31. Section 24-21-50 of the 1976 Code is amended to read:
"Section 24-21-50. The board shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering any a case for parole, pardon or any other form of clemency provided for under law."
SECTION 32. Section 24-21-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-60. Every Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the director of the department, and the probation and community supervision agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of the State Penitentiary, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys."
SECTION 33. Section 24-21-80 of the 1976 Code is amended to read:
"Section 24-21-80. Every person granted parole by the board and every An adult placed on probation by a court of competent jurisdiction shall pay two hundred forty dollars a year toward offsetting the cost of his supervision for so long as he remains under supervision. This fee is due and payable on the date of sentencing or date of parole and each subsequent anniversary for the duration of the supervision period. This fee must be remitted for credit to the state general fund. The payment of the fee must be a condition of parole or probation and a delinquency of two months or more in making payments may operate as a revocation of parole or probation rendering the violator liable to serving out any remaining part of his sentence, at the determination of the board or the court.
If the probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board places a parolee under intensive supervision, or if the department places an inmate under intensive supervision who is participating in the Supervised Furlough Community Supervision Program as provided in Section 24-13-710 under supervision as a result of a prison overcrowding emergency, the probationer, parolee, or inmate is required to pay ten dollars each week for the duration of intensive supervision in lieu instead of the two hundred forty dollars a year fee. Fees derived from persons under intensive supervision must be retained in aggregate by the board to support these supervisory efforts and fees collected in prior years from this source must be retained and carried forward to continue the supervisory effort. Offenders sentenced for the offense of murder, kidnapping, voluntary manslaughter, assault and battery with intent to kill, criminal sexual conduct in any degree, armed robbery, arson, or trafficking in drugs pursuant to Section 44-53-370(e) are ineligible for participation in the intensive supervision program. The board, in the cases of parolees community supervision, or a court of competent jurisdiction, in the case of probationers, or the department, in the case of an inmate, may exempt the probationer, parolee supervised prisoner, or inmate from payment of a part or all of the yearly or weekly fee during any part or all of the term where the board, the court, or the department determines that these payments work a severe hardship on the parolee supervised prisoner, probationer, or inmate. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount."
SECTION 34. Section 24-21-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-220. The director shall be is vested with the exclusive management and control of the department and shall be is responsible for the management of the department and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department and it shall be is the duty of the director to carry out the policies of the department. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation and parole community supervision, community based programs, financial management, research and planning, staff development and training, and internal audit. The 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."
SECTION 35. Section 24-21-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-230. The director must employ such probation and community supervision agents as required for service in the State and such clerical assistants as may be necessary. Such The probation and parole community supervision agents must take and pass such psychological and qualifying examinations as directed by the director. The director must ensure that each probation and community supervision agent receives adequate training. Until such the initial employment requirements are met, no person may take the oath of a probation and community supervision agent nor exercise the authority granted thereto to them."
SECTION 36. Section 24-21-280 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-280. A probation and community supervision agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation or community supervision under his supervision a written statement of the conditions of probation or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation or parole community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation or parole community supervision to bring about improvement in their conduct and condition. A probation or community supervision agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require. A probation or community supervision agent must have, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and to the extent necessary the same right to execute process given by law to sheriffs. In the performance of his duties of probation, and parole community supervision, and investigation and supervision, he is regarded as the official representative of the court and the department."
SECTION 37. Section 24-21-300 of the 1976 Code is amended to read:
"Section 24-21-300. At any time during a period of supervision, a probation and parole community supervision agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee supervised prisoner, or any a person released or furloughed under the Prison Overcrowding Powers Offender Management Systems Act in the agent's judgment violates the conditions of his release or suspended sentence. The citation must be directed to the probationer, parolee supervised prisoner, or the person released or furloughed, must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the probationer's, parolee's supervised prisoner's, or released or furloughed person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation and parole community supervision agent. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board at any hearing on the violation."
SECTION 38. Section 24-21-910 of the 1976 Code is amended to read:
"Section 24-21-910. The Board of Probation, Parole, and Pardon Services, and Community Supervision Board shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which may be referred to it by the Governor and shall make its recommendations to the Governor regarding such the petitions. The Governor may or may not adopt such the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any such petition without reference to the board."
SECTION 39. Section 24-21-950 of the 1976 Code is amended to read:
"Section 24-21-950. The following guidelines shall must be utilized by the board when determining when an individual is eligible for pardon consideration.
A.(1) Probationers shall must 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.
E.(2) The victim of a crime or any a member of a convicted person's family living within this State may petition for a pardon for any a person who is no longer an inmate or a probationer."
SECTION 40. Section 24-23-20 of the 1976 Code is amended to read:
"Section 24-23-20. The case classification plan shall must provide for case classification system consisting of the following:
(a)(1) 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)(2) 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)(3) 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)(4) 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)(5) 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; and
(f)(6) regular statewide monitoring and evaluation of the case classification by appropriate supervisory, classification, and program development/ and evaluation staff in the central administrative office."
SECTION 41. Section 24-23-30 of the 1976 Code is amended to read:
"Section 24-23-30. The community corrections plan shall must include, but is not be limited to, describing the following community-based program needs:
(a)(1) an intensive supervision program for probationers and parolees supervised prisoners who require more than average supervision;
(b)(2) a supervised inmate furlough or community supervision program whereby inmates under the jurisdiction of the Department of Corrections can be administratively transferred to the supervision of state probation and parole community supervision agents for the purposes of pre-release preparation, securing employment and living arrangements, or obtaining rehabilitation services;
(c)(3) a contract rehabilitation services program whereby private and public agencies, such as the Department of Vocational Rehabilitation and the Department of 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)(4) 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 community supervision;
(e)(5) expanded use of presentence investigations and their role and potential for increasing the use of community-based programs, restitution, and victim assistance; and
(f)(6) identification of programs for youthful and first offenders."
SECTION 42. Section 24-23-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-23-40. The community corrections plan shall provide for the department's:
(a)(1) The department's development, implementation, monitoring, and evaluation of statewide policies, procedures, and agreements with state agencies, such as the Departments Department of Vocational Rehabilitation, the Department of Mental Health, and the Department of Alcohol and Other Drug Abuse Services, for purposes of coordination and referral of probationers and parolees community supervision for rehabilitation services.
(b)(2) The department'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)(3) The department'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)(4) The department's development of adequate training and staff development for its employees."
SECTION 43. The second paragraph of Section 24-23-115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The Department of Probation, Parole and Pardon Services, and Community Supervision shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term `public service work', and a mechanism for supervision of persons performing public service work."
SECTION 44. Section 24-23-210(B) of the 1976 Code, as last amended by Section 41A, Part II, Act 171 of 1991, is further amended to read:
"(B) When a person is convicted, pleads guilty or nolo contendere, and is sentenced to payment of a fine or when a person forfeits bond to an offense within the jurisdiction of the court of general sessions, there is imposed an assessment, in addition to any other cost or fine imposed by law, in the sum of thirty dollars.
If an offender is sentenced to probation or imprisonment and probation without the imposition of a fine, the assessment must be collected by the clerk of court as a condition of probation. If a defendant is sentenced to imprisonment and is later released to the supervision of the Department of Probation, Parole, and Pardon Services, and Community Supervision and has not otherwise paid the assessment, the assessment must be collected as a condition of supervision, regardless of the type of original sentence imposed.
In any court, when 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 a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the Victim's Compensation Fund State Office of Victim Assistance. Any A circuit court judge may waive or suspend the imposition of all or part of the assessment made under this subsection upon finding that the assessment would place severe financial hardship upon the offender or his family."
SECTION 45. The second paragraph of Section 24-23-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Assessments imposed as a condition of supervision upon release from prison as specified in Section 24-23-210 must be collected by the supervising agent who shall transmit those funds to the Department of Probation, Parole and Pardon Services, and Community Supervision where it must be deposited in to the State treasury Treasurer. The county treasurer, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer who shall deposit them in the state's general fund. Assessments collected by municipal courts must be paid monthly to the municipal financial officer who, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer as provided in this section. From these funds, an amount equal to one-half of the amount deposited in fiscal year 1986-87 must be appropriated to the department for the purpose of developing and operating community corrections programs. The remainder of the funds must be deposited in the Victim's Compensation Fund. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are transferred properly to the State Treasurer."
SECTION 46. Article 7 of Chapter 21 of Title 24 and Sections 24-3-40, 24-3-50, 24-13-60, 24-13-210, 24-13-220, and 24-13-270 of the 1976 Code are repealed.
SECTION 47. Upon approval by the Governor, this act takes effect January 1, 1995, and applies to all crimes committed on or after that date./
Amend title to conform.
DAVE C. WALDROP, JR., for Committee.
1. Estimated Cost to State-First Year$ See Below
2. Estimated Cost to State-Annually Thereafter$ See Below
House Bill 4140 amends the South Carolina Code of Laws, 1976, so as to provide for eligibility for work release, early release, and compensation of time; relating to various crimes and offenses, so as to provide for truth in sentencing, deletes eligibility for parole, repeals the Section relating to wages of prisoners, work release of prisoners, and computation of time for release of prisoners. Among the provisions of this legislation, the following would modify sentencing practices and program eligibility:
* Repeals Article 7 of Chapter 21 of Title 24: Abolishes parole.
* Repeals Section 24-3-40: Disposition of wages of prisoners allowed to work at paid employment.
* Repeals Section 24-3-50: Penalty for failure of prisoner to remain within extended limits of confinement.
* Repeals Section 24-13-60: Automatic screening of non-violent offenders with sentences of five years or less for possible placement on work release or supervised furlough.
* Repeals Section 24-13-210: Credits given prisoners for good behavior.
* Repeals Section 24-13-220: Time off for good behavior in cases of commuted or suspended sentences.
* Repeals Section 24-13-270: Allowing release of maxing-out inmates on the first of the month.
* Work Release Eligibility: Violent offenders must have served at lease 60% of their sentence and non-violent offenders must have served at lease 50% of their sentence. (This Section does not apply in cases of emergency prison overcrowding as provided under Chapter 22 of this Title.)
* Eligibility of Extended Work Release and Community Supervision: Violent offenders must have served 90% of their sentence, and non-violent offenders must have served 80% of their sentence. (No inmate is entitled to an amount of credit (work and education) that results in an earlier release than is allowed under this minimum sentence requirement.)
* Litter Control Program: No prisoner is eligible for early release or discharge, regardless of credits received for litter control until minimum sentence requirements for work release eligibility are met.
* Murder Convictions: A person who is convicted of or pleads guilty to murder must be punished by death, imprisonment for life (means imprisonment till death), or imprisonment for not less than thirty years.
* Armed Robbery Mandatory Minimum Term: A person convicted for the crime of armed robbery must be imprisoned for a mandatory minimum term of ten years and not more than thirty years, no part of which may be suspended.
* Shock Incarceration: Provision that eligible inmates may make application for shock incarceration screening is deleted and is substituted by the provision that "upon order by the court, the committee may consider an inmate for participation in the shock incarceration program"
Among other amendments in this document are:
* Establishment of the South Carolina Criminal Justice Commission.
* Administration of victim assistance, victims/witness notification, and restitution.
* Limiting to 72 hours the duration of furlough for employment, securing residence upon discharge, and funeral.
* Renaming the Department of Probation, Parole, and Pardon Services to the Department of Probation, Pardon Services, and Community Supervision and adds "the development of additional work release programs" to the duties of its director.
* Introduces the term "community supervision agent" and substitutes for parole agent when applicable.
* Introduces the term "supervised prisoner" and substitutes for parolee when applicable.
* Deletes certain sections regarding pardon consideration.
Sections 47 and 48 were sent to the Judiciary Committee for development of a sentencing grid which may affect projections of this legislation.
Projections for the impact of this legislation on the Department of Corrections, assuming provisions of this legislation are effective January 1, 1995 are as follows: If Department of Corrections population at the time of bill passage remains the same and admissions continue at current levels with an inflation rate of 3% annually, then the following assumptions can be made.
Increase to Additional**
Fiscal Population Affected*Operating
Year Counts Inmates Costs
1995 264 938 $ 8,079,496
1996 1,877 1,876 34,225,303
1997 3,513 1,876 57,214,590
* * * *
2000 7,807 1,876 125,509,853
* * * *
2010 16,404 1,876 338,156,194
* * * *
2020 18,483 1,876 509,518,141
* * * *
2030 19,062 1,876 705,395,408
Additional Cumulative
Operating Costs
$ 8,079.496
42,304,799
99,519,389
*
407,320,966
*
2,895,835,004
*
7,207,641,665
13,332,176,476
* These are inmates who would be housed in minimum security institutions instead of being supervised in the community.
** For the increase in total population count, the overall annual per inmate cost is applied. For inmates who would be housed in minimum security institutions instead of being supervised in the community, the cost differentials between supervised furlough/extended work release/ work release and the operations of minimum security institutions are used in the computation.
FY 1993-94 per inmate cost (projected):
Total per inmate cost: $12,284
Cost differential between supervised furlough and minimum security institution: $8,910
Cost differential between extended work release and minimum security institution: $7,085
Cost differential between work release and minimum security institution: $1,683
To summarize, the impact of this legislation would be an estimated $407 million in additional operating costs for the Department of Corrections by FY 2000 and $13 billion in additional operating costs by FY 2030.
Additional capital costs of $328 million would be required for the construction of 9,683 additional beds (7,807 new medium/maximum beds to hold the increase in population; 886 minimum security beds to hold inmates who would otherwise be on supervised furlough or extended work release; and 990 minimum security institution beds to hold inmates who would otherwise be on work release). This assumes current work centers have been transferred to the Department of Probation, Parole, and Pardon Services.
An estimated $778 million in additional capital costs will be required by FY 2030. Construction will be required for 20,938 additional beds (19,062 new medium/maximum beds to hold the increase in population; 886 minimum security beds to hold inmates who would otherwise be on supervised furlough or extended work release; and 990 minimum security institution beds to hold inmates who would otherwise be on work release). This assumes current work centers have been transferred to the Department of Probation, Parole, and Pardon Services.
Note: Capital costs are based on FY 1994 dollars; per bed costs of $40,000 per medium/maximum bed and $8,333 per minimum security bed.
Other than sentencing and incarceration issues, this bill also creates the South Carolina Criminal Justice Commission. The bill outlines the Commission's duties and responsibilities, as well as, provides for a staff. The Commission is to employ a staff director, a professional statistician and other professional and clerical personnel. Using the newly created Commission on Indigent Defense, created by the General Assembly in 1993, the following expenditures estimates can be expected.
Personal Service/Employer Contributions:
Executive Director, Grade 45 $40,854
Statistician III, Grade 35 27,577
Administrative Assistant I, Grade 25 18,626
Total Personal Service $ 87,057
Employer Contributions 21,764
Total Personal Service/Employer Contributions $108,821
Other Operating Expenses:
Supplies & Materials $26,926
Contractual Services 45,000
Rent (1,200 sq. ft. x $12) 14,400
Equipment 5,000
Total Other Operating $ 91,326
Total Recurring Expenses $200,147
Estimated Non-recurring Start-up Expenses 50,000
Total $250,147
Section 16-11-340 requires the South Carolina Department of Revenue and Taxation to distribute a placard to each business establishment that has a sales tax license concerning the change in an armed robbery conviction. The Department estimates a total cost of $25,000 to distribute this placard to the approximately 100,000 businesses in the State.
Section 24-3-35 affects local jurisdictions that use prisoners for litter removal. This bill requires a prisoner to serve at least 50% of his sentence, regardless of credit received for litter removal work. No one receives a sentence of more than 90 days at the local level. This could result in increased costs for local governments and a survey is underway to accurately determine this.
THIS ACT IS TO TAKE EFFECT JANUARY 1, 1995, AND APPLIES TO ALL CRIMES COMMITTED ON OR AFTER THAT DATE.
IMPACT STATEMENT PREPARED BY:
Prepared By: Approved By:
James W. Trexler George N. Dorn, Jr.
K. Earle Powell State Budget Division
State Budget Analyst
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 24-13-100, 24-13-150, AND 24-13-175 SO AS TO PROVIDE FOR ELIGIBILITY FOR WORK RELEASE, EARLY RELEASE, AND COMPENSATION OF TIME; TO AMEND SECTIONS 16-3-20, AS AMENDED, 16-3-625, 16-3-1260, 16-11-311, 16-11-330, AND 16-11-340, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO PROVIDE FOR TRUTH IN SENTENCING, DELETE ELIGIBILITY FOR PAROLE, AND PROVIDE A NAME CHANGE FOR THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES; AND TO REPEAL SECTIONS 24-3-40, 24-3-50, 24-13-60, 24-13-210, 24-13-220, AND 24-13-270, AND ARTICLE 7, CHAPTER 21, TITLE 24, RELATING TO WAGES OF PRISONERS, WORK RELEASE OF PRISONERS, AND COMPUTATION OF TIME FOR RELEASE OF PRISONERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-13-100. Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:
(1) sixty percent of the sentence imposed if the prisoner is considered `violent' as defined under Section 16-1-60; or
(2) fifty percent of the sentence imposed if the prisoner is considered `nonviolent' as defined under Section 16-1-70.
This section does not apply in cases of emergency prison overcrowding as provided under the Prison Overcrowding Powers Act."
SECTION 2. This act takes effect upon approval by the Governor.