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Printed Page 1510, Feb. 9
| Printed Page 1530, Feb. 9
| 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.
(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
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.
Rep. WILKINS explained the amendment.
Rep. WILKINS spoke in favor of the amendment.
Rep. WHITE moved to commit the Bill to the Judiciary Committee.
Rep. WOFFORD moved to table the motion.
Those who voted in the affirmative are:
Alexander, M.O. Allison Baker Barber Brown, H. Cato Chamblee Clyborne Cooper Davenport Elliott Fair Farr Fulmer Gamble Gonzales Hallman Harrell Harris, J. Harris, P. Harwell Haskins Huff Hutson Jaskwhich Keegan Kelley Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McCraw McLeod Meacham Neilson Phillips Quinn Richardson Riser Robinson Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stone Stuart Townsend Trotter Vaughn Waldrop Walker Wells Wilder, D. Wilkins Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Canty Carnell Cobb-Hunter Corning Cromer Delleney Felder Govan Graham Harrelson Harrison Harvin Hines Houck Inabinett Jennings Kennedy Keyserling
Kinon Martin McAbee McElveen McKay McMahand McTeer Moody-Lawrence Neal Rhoad Rudnick Sheheen Snow Spearman Sturkie Thomas Tucker Waites Whipper White Wilder, J. Wilkes Williams Worley
So, the motion to table was agreed to.
Reps. J. BROWN, WHITE, COBB-HUNTER, INABINETT, KENNEDY, NEAL, BREELAND, WHIPPER, CANTY, G. BROWN, HINES, McMAHAND, ANDERSON and BYRD objected to the Bill.
The following Bill was taken up.
H. 3329 -- Rep. Sheheen: A BILL TO AMEND SECTIONS 20-7-600, 20-7-770, 20-7-780, AND 20-7-3300, ALL AS AMENDED, AND SECTION 20-7-1335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE CRIMINAL RECORDS, SO AS TO REMOVE THE CONFIDENTIALITY OF THESE RECORDS FOR VIOLENT CRIMES, FOR CRIMES IN WHICH AN ILLEGAL WEAPON WAS USED, AND FOR VIOLATIONS OF THE "NARCOTICS AND CONTROLLED SUBSTANCES" ARTICLE; TO ALLOW FINGERPRINTING AND THE RELEASE TO THE PUBLIC OF THE NAME, IDENTITY, AND PICTURE OF A JUVENILE CHARGED WITH THESE CRIMES; AND TO PROHIBIT EXPUNGEMENT OF THESE RECORDS.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 8, by the Committee on Judiciary.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 15, which was adopted.
H. 4532 -- Reps. Hodges, Corning, Cromer, Harwell, Jennings, Scott, D. Smith, J. Wilder, R. Young, Wilkins, Harrell, Clyborne and Boan: A BILL TO AMEND SECTION 58-9-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS WHICH THE PUBLIC SERVICE COMMISSION MUST CONSIDER IN DETERMINING RATES FOR TELEPHONE COMPANIES, SO AS TO PROVIDE THAT, UNDER CERTAIN CONDITIONS, THE COMMISSION MAY ADOPT ANY ALTERNATIVE REGULATORY PLAN THE COMMISSION CONSIDERS APPROPRIATE AND IN THE PUBLIC INTEREST UPON DETERMINING THAT A TELEPHONE UTILITY IS SUBJECT TO COMPETITION WITH RESPECT TO A PARTICULAR SERVICE OR WITH RESPECT TO ITS SERVICES GENERALLY.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, February 15, which was adopted.
S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION 17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.
Rep. KLAUBER moved that the House recur to the morning hour, which was agreed to by a division vote of 45 to 32.
The following was introduced:
H. 4716 -- Rep. Townsend: A HOUSE RESOLUTION EXPRESSING THE SORROW AT THE DEATH OF JAMES THURMAN GREEN OF BELTON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4717 -- Reps. Townsend, P. Harris and Stille: A HOUSE RESOLUTION EXPRESSING SORROW AT THE DEATH OF WALLACE O. ALEWINE OF IVA AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1163 -- Senator Land: A CONCURRENT RESOLUTION CONGRATULATING DOROTHY (DOTTY) MCFADDIN, R.N., OF CLARENDON COUNTY ON WINNING THE "VIRGINIA C. PHILLIPS PUBLIC HEALTH NURSE EXCELLENCE IN PRACTICE AWARD," AND WISHING MRS. MCFADDIN MUCH HAPPINESS FOLLOWING HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 1166 -- Senators Courson, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO HONOR T. ESTON MARCHANT ON THE ANNOUNCEMENT OF HIS RETIREMENT AS SOUTH CAROLINA'S ADJUTANT GENERAL AND TO THANK HIM FOR HIS MANY YEARS OF PUBLIC SERVICE.
Whereas, Major General T. Eston Marchant recently announced that he would not seek re-election as State Adjutant General; and
Whereas, General Marchant's retirement will mark the end of 16 years of dedicated service to the State of South Carolina, during which time he served as President of the Adjutants General Association and the South
Whereas, the skill and readiness of the South Carolina National Guard under General Marchant's command has been recognized both within the borders of this State, by virtue of the Guard's response to Hurricane Hugo, and abroad, by virtue of the Guard's performance in Operation Desert Storm; and
Whereas, General Marchant was born in Columbia, S.C. on December 9, 1921, the son of the late Trelawney Eston and Lila Cave Marchant; and
Whereas, General Marchant, while entrusted with the immense responsibility of chief commander of the state militia, has been a committed and dedicated family man and has been blessed with a loving wife and four children; and
Whereas, General Marchant enlisted in the U.S. Marine Corps in 1942 and served in the South Pacific, participating in the Bougainville, New Georgia, Guam and Iwo Jima campaigns; and
Whereas, General Marchant was commissioned as a Second Lieutenant in the South Carolina Army National Guard in 1947 and rose through the ranks, serving in a number of vital capacities within the Guard prior to his election to the position of Adjutant General in November 1978; and
Whereas, in recognition of his demonstrated devotion and love for both his country and State, the people of South Carolina have continually entrusted General Marchant with the responsibility of commanding our state militia, electing him a total of four times; and
Whereas, General Marchant was educated in South Carolina, receiving both his Bachelor of Science degree in Business Administration and Law degree from the University of South Carolina; and
Whereas, as an attorney, General Marchant has been a loyal member of the legal profession serving as a Municipal Court Judge and a past President of the Richland County Bar Association; and
Whereas, General Marchant, by virtue of his past service on the Board of Visitors of the Citadel and the Board of Trustees of the University of South Carolina, has also demonstrated a sincere and personal interest in supporting South Carolina's educational system; and
Whereas, General Marchant, through his involvement in the Columbia Kiwanis Club, the Columbia Rotary Club and his previous service as a Director for First Palmetto Bank, has demonstrated a true concern for the continued growth and development of South Carolina's business community; and
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby honor General T. Eston Marchant on the announcement of his retirement as South Carolina's Adjutant General and thank him for his many years of public service to this State and this country.
Be it further resolved that a copy of this resolution be forwarded to Adjutant General T. Eston Marchant.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1167 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF INTERSTATE HIGHWAY 26 BEGINNING AT MT. PLEASANT STREET AND ENDING AT THE TERMINAL INTERCHANGE AT U.S. ROUTE 17 FOR MARJORIE AMOS-FRAZIER.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1168 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington,
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1169 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE HIGHWAY 61 CONNECTOR FROM THE JAMES ISLAND EXPRESSWAY TO SOUTH CAROLINA ROUTE 61 IN CHARLESTON COUNTY AS THE HERBERT U. FIELDING CONNECTOR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1170 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT SECTION OF THE MARK CLARK EXPRESSWAY WHICH CROSSES OVER THE WANDO RIVER AS THE JAMES B. EDWARDS BRIDGE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
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