1994 Permanent House Journal Printed Pages 4950-4962 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

Printed Page 4942, Apr. 27 | Printed Page 4962, Apr. 27

Printed Page 4950 . . . . . Wednesday, April 27, 1994

Rep. NEILSON explained the amendment and moved to adjourn debate upon the Bill, which was adopted.

H. 4864--RECONSIDERED AND ORDERED
TO THIRD READING

Rep. RICHARDSON moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

H. 4864 -- Rep. Richardson: A BILL TO AMEND SECTION 59-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OR DIVISION OF SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF CERTAIN PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS CONCERNED IN THE MANNER STIPULATED IN THE PETITION, AND TO PROVIDE THAT IF CERTAIN OTHER PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO CALL THE REFERENDUMS CONCERNING THE ALTERATION OR DIVISION OF THE AFFECTED SCHOOL DISTRICTS, AND IF THE RESULTS OF THE REFERENDUMS ARE FAVORABLE IN EACH OF THE SCHOOL DISTRICTS, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS IN THE MANNER STIPULATED.

The Bill was read the second time and ordered to third reading.

MOTION NOTED

Rep. FARR moved to reconsider the vote whereby S. 986 was given a third reading and the motion was noted.

H. 4857--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4857 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT

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COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED; AND BY AMENDING SECTION 37-11-50, RELATING TO ELIGIBILITY FOR LICENSURE, SO AS TO PROVIDE THAT ONLY THOSE CONTINUING CARE RETIREMENT COMMUNITIES WHICH REQUIRE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE MUST OBTAIN A LICENSE RATHER THAN ALL CONTINUING CARE RETIREMENT COMMUNITIES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15985AC.94), which was adopted.

Amend the bill, as and if amended, Section 37-11-30(B)(9) as contained in Section 3 of the bill, by deleting on page 3, line 8 /recording the statement/ and inserting /recording the statement filing the application/.

Amend further by deleting Section 5 of the bill.

Amend further by inserting an appropriately numbered section to read:

/SECTION . The 1976 Code is amended by adding:

"Section 37-11-135. A continuing care retirement community which does not require payment of an entrance fee is exempt from the requirements of Sections 37-11-30(B)(9), 37-11-40, and 37-11-50(2)."/

Renumber sections to conform.

Amend title to conform.

Rep. T.C. ALEXANDER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

Printed Page 4952 . . . . . Wednesday, April 27, 1994

H. 5057--RECONSIDERED AND REFERRED TO WAYS AND
MEANS COMMITTEE ON A POINT OF ORDER

Rep. ROGERS moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to by a division vote of 27 to 22.

H. 5057 -- Judiciary Committee: A BILL TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO ENACT THE COMMUNITY CORRECTIONS INCENTIVE ACT TO ENABLE COURTS TO SENTENCE NONVIOLENT OFFENDERS TO LESS COSTLY COMMUNITY CORRECTIONAL FACILITIES FOR HOUSING BOTH STATE AND LOCAL INMATES IN ALTERNATIVE SENTENCING PROGRAMS; BY ADDING SECTIONS 14-1-240 THROUGH 14-1-420 SO AS TO PROVIDE A PROCEDURE FOR ALL ORDERS ISSUED BY A COURT FOR THE PAYMENT OF FINES, SURCHARGES, ASSESSMENTS, COSTS, OR FEES OWED TO THE STATE ENTERED OR MODIFIED AFTER JUNE 20, 1995, TO CONTAIN THE OBLIGOR'S SOCIAL SECURITY NUMBER AND PROVISION FOR INCOME WITHHOLDING PROCEDURES TO TAKE EFFECT IF A DELINQUENCY OCCURS; BY ADDING SECTION 17-27-45 SO AS TO PROVIDE THAT AN APPLICATION FOR RELIEF FILED PURSUANT TO THE UNIFORM POST CONVICTION PROCEDURE ACT MUST BE FILED WITHIN ONE YEAR AFTER THE ENTRY OF A JUDGMENT OF CONVICTION, OR WITHIN ONE YEAR AFTER THE SENDING OF THE REMITTITUR TO THE LOWER COURT FROM AN APPEAL, OR THE FILING OF THE FINAL DECISION UPON AN APPEAL, WHICHEVER IS LATER, AND TO PROVIDE A DIFFERENT TIME UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 22-5-580 SO TO ESTABLISH A STATEWIDE PRETRIAL CLASSIFICATION PROGRAM FOR THE IMPROVEMENT OF MAGISTRATES' COLLECTIONS AND CONSIDERATION OF INFORMATION CONCERNING THE RELEASE OF PERSONS PLACED IN JAIL PENDING DISPOSITION OF CRIMINAL CHARGES; BY ADDING SECTION 24-3-25 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES OR MUNICIPALITIES TO ESTABLISH LOCAL REGIONAL CORRECTIONAL FACILITIES FOR THE CONFINEMENT OF PERSONS AWAITING TRIAL OR SENTENCED ON CRIMINAL CHARGES, CONVICTED AND SENTENCED ON CRIMINAL CHARGES, OR NOT OTHERWISE ELIGIBLE FOR CONFINEMENT IN STATE OR OTHER FACILITIES;

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BY ADDING SECTION 24-3-430 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR IN PRIVATE INDUSTRY; BY ADDING SECTION 24-13-80 SO AS TO AUTHORIZE A COUNTY OR MUNICIPAL ADMINISTRATOR OR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH CRITERIA FOR A REASONABLE DEDUCTION FOR MONEY CREDITED TO THE ACCOUNT OF AN INMATE TO REPAY CERTAIN COSTS; BY ADDING SECTIONS 24-13-100 AND 24-13-150 SO AS TO PROHIBIT A PRISONER CONVICTED OF AN OFFENSE AGAINST THE STATE AND SENTENCED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, INCLUDING A PRISONER SERVING TIME IN A LOCAL FACILITY PURSUANT TO A DESIGNATED FACILITY AGREEMENT FROM BEING ELIGIBLE FOR WORK RELEASE, EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION UNTIL CERTAIN MINIMUM TERMS OF IMPRISONMENT HAVE BEEN SERVED; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED MUST BE COMPUTED BASED UPON A THREE HUNDRED SIXTY-FIVE DAY YEAR; BY ADDING ARTICLE 17, CHAPTER 13, TITLE 24 SO AS TO ENACT THE SOUTH CAROLINA INCARCERATION REIMBURSEMENT ACT; BY ADDING ARTICLE 19, CHAPTER 13, TITLE 24 SO AS TO ESTABLISH THE CENTER FOR ALCOHOL AND DRUG REHABILITATION; BY ADDING SECTION 24-21-560 SO AS TO REQUIRE ALL PRISONERS WHO COMMIT A CRIME AFTER DECEMBER 31, 1994, TO SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND TO SPECIFY THE REQUIREMENTS OF THE PROGRAM; BY ADDING CHAPTER 27, TITLE 24 SO AS TO CREATE THE SOUTH CAROLINA SENTENCING AND CORRECTIONS POLICY COMMISSION, TO PROVIDE FOR ITS COMPOSITION, DUTIES, AND RESPONSIBILITIES, AND REQUIRE THE COMMISSION TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR A CLASSIFICATION SYSTEM BASED ON MAXIMUM TERM OF IMPRISONMENT FOR ALL SOUTH CAROLINA CRIMINAL OFFENSES; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO ADD TO THE LIST OF EXEMPTIONS THE PURCHASE OF GOODS, PRODUCTS,

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AND SERVICES BY STATE OFFICES AND OTHER DEPARTMENTS, INSTITUTIONS, AGENCIES, AND BOARDS OR POLITICAL SUBDIVISIONS OF THIS STATE FROM THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, DIVISION OF PRISON INDUSTRIES; TO AMEND SECTIONS 16-3-20, 16-3-30, AND 16-3-40, RELATING TO THE OFFENSE OF MURDER, KILLING BY POISONING, OR KILLING BY STABBING OR THRUSTING, SO AS TO PROVIDE THAT A PERSON CONVICTED OF THESE CRIMES MAY BE IMPRISONED FOR A TERM OF YEARS UP TO LIFE, DEFINE "LIFE" TO MEAN UNTIL DEATH, TO DELETE THE PROVISION WHICH REQUIRES A PERSON SENTENCED TO LIFE NOT TO BE ELIGIBLE FOR PAROLE UNTIL THE SERVICE OF THIRTY YEARS, TO DELETE IN THE CRIMES OF KILLING BY POISONING AND KILLING BY STABBING OR THRUSTING THE PENALTY OF DEATH FOR A WILFUL MURDER; TO AMEND SECTION 16-3-85, AS AMENDED, RELATING TO THE CRIME OF HOMICIDE BY CHILD ABUSE, SO AS TO AUTHORIZE AS A PENALTY A TERM OF YEARS UP TO LIFE AND DELETE THE MINIMUM TWENTY YEAR PENALTY, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-210, RELATING TO THE CRIME OF LYNCHING IN THE FIRST DEGREE, SO AS TO DELETE THE PENALTY OF DEATH FOR VIOLATION AND PROVIDE THAT A PERSON MUST BE IN PRISON FOR A TERM OF YEARS UP TO LIFE, AND TO PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-430, RELATING TO THE CRIME OF KILLING IN A DUAL, SO AS TO DELETE THE PENALTY OF DEATH AND PROVIDE THAT A PERSON MUST BE IMPRISONED FOR A TERM OF LIFE UP TO LIFE, AND DEFINE "LIFE" AS MEANING UNTIL DEATH; TO AMEND SECTION 16-3-625, RELATING TO THE CRIME OF RESISTING A LAW ENFORCEMENT OFFICER WITH THE USE OF THREAT OR A DEADLY WEAPON, SO AS TO DELETE THE MINIMUM IMPRISONMENT OF TWO YEARS AND THE MINIMUM SERVICE IN ORDER TO BE ELIGIBLE FOR PAROLE; TO AMEND SECTION 16-3-652, RELATING TO THE CRIME OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO DELETE THE PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY YEARS, PROVIDE FOR A TERM OF YEARS UP TO LIFE TO BE IMPOSED, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-1260, AS AMENDED, RELATING TO REIMBURSEMENT OF THE STATE BY CONVICTED

Printed Page 4955 . . . . . Wednesday, April 27, 1994

PERSONS TO THE VICTIMS' COMPENSATION FUND, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS MAY MAKE PAYMENT OF THE DEBT TO THE STATE AS A CONDITION OF PAROLE, AND TO MAKE CERTAIN CORRECTIONS TO REFERENCES; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE VICTIM'S AND WITNESSES BILL OF RIGHTS SO AS TO MAKE CERTAIN INFORMATION NOT PRIVILEGED BETWEEN THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, COMMUNITY SUPERVISION, TO MAKE CERTAIN REFERENCE CORRECTIONS, AND DELETE A REFERENCE THAT RESTITUTION IS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO MAKE CERTAIN REFERENCE CHANGES; TO AMEND SECTION 16-11-311, RELATING TO THE CRIME OF BURGLARY IN THE FIRST DEGREE, SO AS TO CHANGE THE PUNISHMENT BY DELETING THE AUTHORITY OF A DEFENDANT TO BE SENTENCED TO A TERM OF NOT LESS THAN FIFTEEN YEARS AND PROVIDE THAT THE PERSON CONVICTED IS NOT ELIGIBLE FOR PAROLE EXCEPT UPON THE SERVICE OF NOT LESS THAN ONE-THIRD OF THE TERM OF THE SENTENCE, PROVIDE THAT THE PERSON MAY BE SENTENCED FOR A TERM OF YEARS UP TO LIFE, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-11-330, RELATING TO THE CRIME OF ROBBERY AND ATTEMPTED ROBBERY WHILE ARMED WITH A DEADLY WEAPON, SO AS TO PROVIDE THAT A PERSON CONVICTED OF THIS CRIME IS GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE IMPRISONED FOR A MANDATORY MINIMUM TERM OF TEN YEARS, DELETE THE REQUIREMENT THAT A PERSON CONVICTED UNDER THIS SECTION IS NOT ELIGIBLE FOR PAROLE UNTIL HE HAS SERVED AT LEAST SEVEN YEARS OF HIS SENTENCE, AND DELETE THE PROVISION THAT A PERSON IS NOT ELIGIBLE FOR PAROLE OR PROBATION UNTIL HE HAS SERVED A THREE-YEAR MINIMUM SENTENCE, PROVIDE THAT A PERSON CONVICTED FOR ATTEMPTED ROBBERY ARMED WITH CERTAIN WEAPONS IS GUILTY OF A FELONY; TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO THE CARDBOARD PLACARD WHICH MUST BE PRINTED AND DISTRIBUTED TO EACH BUSINESS, SO AS TO MAKE THE LANGUAGE OF THE PLACARD CONSISTENT WITH THE

Printed Page 4956 . . . . . Wednesday, April 27, 1994

PROVISIONS OF SECTION 16-11-330; TO AMEND SECTION 16-11-540, RELATING TO DAMAGING OR DESTROYING A BUILDING, VEHICLE, OR OTHER PROPERTY BY MEANS OF EXPLOSIVE OR INCENDIARY SO AS TO CHANGE THE PENALTIES WHEN DEATH RESULTS AND PROVIDE THAT A PERSON MUST BE IMPRISONED FOR A TERM OF YEARS UP TO LIFE, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 17-25-45, RELATING TO A PERSON WHO HAS THREE CONVICTIONS FOR A VIOLENT CRIME SO AS TO REDUCE FROM THREE TO TWO THE NUMBER OF CONVICTIONS REQUIRED, AND PROVIDE THAT THIS PROVISION IS IRRESPECTIVE OF WHETHER THE PRISONER IS CONSIDERED A VIOLENT OFFENDER, DELETE THE PROVISION THAT SUBJECTS THE PERSON TO LIFE WITHOUT PAROLE, AND PROVIDE THAT "LIFE IMPRISONMENT" MEANS UNTIL DEATH, AND PROVIDE THAT NOTICE MUST BE GIVEN BY THE SOLICITOR BEFORE TRIAL OF THE DECISION TO INVOKE SENTENCE UNDER A PROVISION OF THIS SECTION; TO AMEND SECTION 17-25-70, RELATING TO THE AUTHORITY OF LOCAL OFFICIALS TO REQUIRE ABLE-BODIED CONVICTED PERSONS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO CHANGE SOME TERMINOLOGY, PROVIDE THAT THIS LABOR MAY INVOLVE PUBLIC SERVICE WORK OR RELATED ACTIVITIES WHICH CONFORM WITH REVISIONS OF SECTION 24-13-660, PROVIDE WHAT PUBLIC SERVICE WORK MAY INCLUDE, AND AUTHORIZE A LOCAL GOVERNING BODY TO ENTER INTO A CONTRACTUAL AGREEMENT WITH ANOTHER GOVERNMENTAL ENTITY FOR USE OF INMATE LABOR IN THE PERFORMANCE OF WORK FOR PUBLIC PURPOSE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO A CONVICTED PERSON BEING IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, SO AS TO CORRECT CERTAIN REFERENCES, PROVIDING THAT NOTHING IN THIS SECTION PREVENTS A COURT FROM ORDERING A SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE BEING SERVED IN ANOTHER STATE OR AN ACTIVE FEDERAL SENTENCE, PROVIDE THAT THE DEPARTMENT SHALL NOTIFY THE SOLICITOR OR OTHER JUDICIAL OFFICERS AND VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, PROVIDE THAT THE DEPARTMENT HAS THE AUTHORITY TO DENY RELEASE BASED UPON THE OPINIONS RECEIVED, PROVIDE THAT THE DIRECTOR MAY EXTEND THE LIMITS OF THE PLACE

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OF CONFINEMENT UPON CERTAIN MINIMUMS BEING SERVED; TO AMEND SECTION 24-3-30, AS AMENDED, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT, SO AS TO ADD A PROVISION WHICH AUTHORIZES A COUNTY OR MUNICIPALITY THROUGH MUTUAL AGREEMENT OR CONTRACT TO ARRANGE WITH ANOTHER COUNTY OR MUNICIPALITY OR LOCAL REGIONAL CORRECTIONAL FACILITY FOR THE DETENTION OF ITS PRISONERS; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SO AS TO ADD TO THE AUTHORIZED EMPLOYMENT A PRISON INDUSTRY PROGRAM PROVIDED UNDER ARTICLE 3 OF CHAPTER 24; TO AMEND SECTION 24-3-210, AS AMENDED, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO DELETE CERTAIN REASONS FOR GRANTING A FURLOUGH; TO AMEND SECTION 24-3-330, AS AMENDED, RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR BY THE STATE OR POLITICAL SUBDIVISIONS, SO AS TO REQUIRE THE MATERIALS MANAGEMENT OFFICE OF THE DIVISION OF GENERAL SERVICES TO MONITOR THE COOPERATION OF STATE OFFICES, DEPARTMENT, INSTITUTIONS, AND AGENCIES IN THE PROCUREMENT OF GOODS, PRODUCTS, AND SERVICES FROM THE DIVISION OF PRISON INDUSTRIES OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-360, AS AMENDED, RELATING TO THE ANNUAL PREPARATION OF CATALOGUES DESCRIBING ARTICLES PRODUCED BY CONVICT LABOR, SO AS TO PROHIBIT A STATE OFFICE, DEPARTMENT, INSTITUTION, OR AGENCY OR THE POLITICAL SUBDIVISION OF THIS STATE FROM CONTACTING AND REQUESTING THE DEPARTMENT OF CORRECTIONS TO MANUFACTURE OR PRODUCE ARTICLES OR PRODUCTS SIMILAR, BUT NOT IDENTICAL TO, ARTICLES OR PRODUCTS LISTED IN THE CATALOGUE; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS ON THE OPEN MARKET, SO AS TO DELETE A REFERENCE TO PROVISIONS OF THIS SECTION NOT APPLYING TO ARTICLES MANUFACTURED OR PRODUCED BY PERSONS ON PAROLE; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO A DEDUCTION FROM THE TERM OF THE SENTENCE FOR GOOD BEHAVIOR, SO AS TO PROVIDE THAT NO PRISONER IS ENTITLED TO A REDUCTION BELOW

Printed Page 4958 . . . . . Wednesday, April 27, 1994

THE MINIMUMS PROVIDED IN SECTION 24-13-150; TO AMEND SECTION 24-13-230, RELATING TO THE REDUCTION OF A SENTENCE FOR A PRODUCTIVE DUTY ASSIGNMENT OR PARTICIPATION IN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO AS TO ADD A PROVISION WHICH PROVIDES THAT NO CREDITS EARNED UNDER THIS SECTION MAY BE APPLIED IN A MANNER WHICH WOULD PREVENT FULL PARTICIPATION IN THE DEPARTMENT'S COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SHOCK INCARCERATION PROGRAM, SO AS TO CHANGE THE DEFINITION OF ELIGIBLE INMATE; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE SHOCK INCARCERATION PROGRAM, AND PROVIDE FOR A COMMITTEE, SO AS TO CORRECT CERTAIN REFERENCES; TO AMEND SECTION 24-13-1330, RELATING TO THE APPLICATION OF AN INMATE TO PARTICIPATE IN THE SHOCK INCARCERATION PROGRAM, SO AS TO DELETE THE AUTHORITY OF AN INMATE TO MAKE APPLICATION FOR THE PROGRAM AND INSTEAD PROVIDE THAT UPON ORDER BY THE COURT, THE COMMITTEE MAY CONSIDER AN INMATE FOR PARTICIPATION IN THE PROGRAM, AND TO DELETE THE AUTHORITY TO GRANT AN INMATE WHO HAS COMPLETED THE PROGRAM PAROLE RELEASE AND PROVIDE THAT HE MUST BE RELEASED TO COMMUNITY SUPERVISION FOR A PERIOD OF FIVE YEARS, NOTWITHSTANDING THE PROVISIONS OF SECTION 24-21-560 WITH THE REQUIREMENT TO PAY RESTITUTION, IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE HOME DETENTION ACT, SO AS TO MAKE REFERENCE CHANGES, AND INCLUDE WITHIN THE DEFINITION OF "PARTICIPANT" ANOTHER SUITABLE PROGRAM THAT AN INMATE/OFFENDER MAY BE PLACED INTO FOR MONITORING IN THE COMMUNITY; TO AMEND SECTION 24-13-1530, AS AMENDED, RELATING TO CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ESTABLISH BY ORDINANCE THE SAME ALTERNATIVE TO INCARCERATIONS FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO

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NOT PLACE THEM IN CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, AS AMENDED, SO AS TO MAKE IT OPTIONAL INSTEAD OF MANDATORY FOR A PARTICIPANT TO USE AN APPROVED ELECTRONIC MONITORING DEVICE; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE APPLICABILITY TO CONTROLLED SUBSTANCE OFFENDERS TO THE PROVISIONS OF THE HOME DETENTION ACT, SO AS TO MAKE REFERENCE CHANGES AND PROVIDE THAT THE ACT DOES NOT APPLY TO A PERSON WAITING TRIAL ON CHARGES OF VIOLATING THE ELICIT NARCOTIC DRUG AND CONTROL SUBSTANCES LAWS CLASSIFIED AS CLASS A, B, OR C FELONIES PURSUANT TO SECTION 16-1-90; TO AMEND SECTION 24-19-160, RELATING TO THE COURT'S AUTHORITY TO SUSPEND THE IMPOSITION OR EXECUTION OF A SENTENCE AND THE JURISDICTION OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES AND TO DELETE THE PROVISION WHICH PROVIDES THAT FOR PAROLE PURPOSES, A SENTENCE IS CONSIDERED A SENTENCE FOR SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES AND BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE RESPONSIBILITIES OF THE DIRECTOR OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES AND PROVIDE THAT THE DIRECTOR SHALL DEVELOP WRITTEN POLICY AND PROCEDURES FOR THE SUPERVISION AND REMOVAL OF OFFENDERS ON COMMUNITY SUPERVISION AND OTHER OFFENDERS RELEASED FROM INCARCERATION BEFORE THE EXPIRATION OF THEIR SENTENCE AND PROVIDE THAT THE DIRECTOR SHALL DEVELOP ADDITIONAL WORK-RELEASE PROGRAMS; TO AMEND SECTION 24-21-30, RELATING TO THE MEETINGS OF THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO PROVIDE FOR THE HOLDING OF MEETINGS TO CARRY OUT ITS RESPONSIBILITIES FOR OFFENDERS OF CRIMES COMMITTED BEFORE JANUARY 1, 1995, TO ADD PROVISIONS WHICH REQUIRE THE BOARD TO GRANT PAROLES BY CERTAIN VOTES OF THE FULL BOARD OR A THREE-MEMBER PANEL; TO AMEND SECTION 24-21-50, RELATING TO THE AUTHORITY OF

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THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES TO GRANT HEARINGS AND PERMIT ARGUMENTS AND APPEARANCES BY COUNSEL OR ANY INDIVIDUAL BEFORE IT, SO AS TO DELETE THE AUTHORITY OF THE BOARD TO GRANT OTHER FORMS OF CLEMENCY PROVIDED FOR UNDER LAW; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO THE COOPERATION BETWEEN MUNICIPAL, COUNTY, OR STATE OFFICIALS TO ASSIST AND COOPERATE WITH THE FURTHERANCE OF OBJECTIVES OF THE PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO DELETE THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES TO CONDUCT SURVEYS AND OBTAIN INFORMATION TO ENABLE THE BOARD TO PASS INTELLIGENTLY UPON APPLICATIONS FOR PAROLE; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO THE REQUIREMENTS THAT PROBATIONERS AND PAROLEES ARE REQUIRED TO PAY A SUPERVISION FEE, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT OF PROBATION AGENTS AND CLERICAL ASSISTANCE, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-300, RELATING TO THE CITATION AND AFFIDAVIT OF A PERSON WHO IS RELEASED PURSUANT TO PRISON OVERCROWDING, SO AS TO CORRECT REFERENCES, DELETE THE PROVISION THAT THE CITATION MUST SET FORTH THE PROBATIONER'S, PAROLEE'S, OR RELEASED OR FURLOUGHED PERSON'S RIGHTS; TO AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND PARDON SERVICES BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-950, RELATING TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDON, SO AS TO REVISE THE GUIDELINES; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION PLAN WHICH MUST PROVIDE FOR THE CASE CLASSIFICATION SYSTEM, SO AS TO DELETE THE

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REFERENCE TO PAROLEE; TO AMEND SECTION 24-23-30, RELATING TO COMMUNITY CORRECTIONS PLAN WHICH MUST INCLUDE A DESCRIPTION OF COMMUNITY-BASED PROGRAM NEEDS, SO AS TO REPLACE PAROLEE WITH SUPERVISED PRISONERS AND TO CORRECT REFERENCES; TO AMEND SECTION 24-23-40, RELATING TO THE DEVELOPMENT OF STATEWIDE POLICIES WITH STATE AGENCIES REGARDING THE COMMUNITY CORRECTIONS PLAN, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-115, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION PROMULGATE REGULATIONS, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO DETERMINATION OF SUPERVISION UPON RECOMMENDATION OF AN AGENT IN CHARGE, SO AS TO REVISE THE CONDITIONS OF PROBATION AND INCLUDE COMMUNITY SUPERVISION; TO AMEND SECTION 24-23-210, AS AMENDED, RELATING TO THE FUNDING OF THE COMMUNITY CORRECTIONS PROGRAM, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS TO THE CLERK OF COURT AS A CONDITION OF SUPERVISION UNDER RELEASE FROM PRISON, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 25-7-30, RELATING TO GIVING INFORMATION RESPECTING NATIONAL OR STATE DEFENSE TO FOREIGN CONTACTS, SO AS TO CHANGE THE PENALTY FOR VIOLATION; TO AMEND SECTION 25-7-40, RELATING TO GATHERING INFORMATION FOR AN ENEMY, SO AS TO CHANGE THE PENALTY FOR VIOLATION; TO AMEND ACT 181 OF 1993, RELATING TO RESTRUCTURING, SO AS TO DELETE THE REPEAL OF SECTIONS CONCERNING THE SENTENCING AND GUIDELINES COMMISSION; TO REPEAL ARTICLE 7, CHAPTER 21 OF TITLE 24, RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT, CHAPTER 26 OF TITLE 24, RELATING TO THE SOUTH CAROLINA SENTENCING AND GUIDELINES COMMISSION, SECTION 24-1-200, RELATING TO INQUIRY INTO SENTENCES UNDER WHICH CONVICTS ARE CONFINED, SECTION 24-3-35, RELATING TO THE USE OF COUNTY PRISONERS FOR LITTER REMOVAL WORK, SECTION 24-3-40, RELATING TO THE DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SECTION 24-3-50, RELATING TO THE PENALTY FOR FAILURE OF

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A PRISONER TO REMAIN WITHIN EXTENDED LIMITS OF HIS CONFINEMENT, SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, AND 24-7-100, ALL RELATING TO COUNTY CHAINGANGS, SECTION 24-13-60, RELATING TO THE SCREENING OF OFFENDERS FOR POSSIBLE PLACEMENT ON WORK RELEASE, SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS, AND SECTIONS 24-13-710 AND 24-13-720 RELATING TO THE IMPLEMENTATION OF A SUPERVISED FURLOUGH PROGRAM AND THOSE INMATES ELIGIBLE TO BE PLACED WITH THE PROGRAM; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO SUBMIT TO THE GENERAL ASSEMBLY, NO LATER THAN THE FIRST DAY OF THE 1995 LEGISLATIVE SESSION, A REPORT CONTAINING CERTAIN INFORMATION REGARDING PRISON INDUSTRIES AND AGRICULTURAL AND LITTER CONTROL PROGRAMS; AND TO DIRECT THE CODE COMMISSIONER, SUBJECT TO THE AVAILABILITY OF FUNDS, TO CHANGE CERTAIN REFERENCES IN THE 1976 CODE.

Printed Page 4942, Apr. 27 | Printed Page 4962, Apr. 27

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