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

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As used in this section, `firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted readily to expel a projectile; `knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.

No such additional punishment may be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays displayed a knife during the commission of the violent crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted at the same time and convicted of a violent crime as defined in Section 16-1-60."

SECTION 30. Section 17-25-45 of the 1976 Code is amended to read:

"(1)A. Notwithstanding any other provision of law, any person who has three convictions under the laws of this State, any other 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 crime, be sentenced to life imprisonment without parole.

B. 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) The decision to invoke sentencing under subsection (1) shall be in the discretion of the solicitor.

(A) As used in this section:

(1) `Most serious offense' means:

(a) those felonies enumerated in Section 16-1-90(A);

(b) those felonies enumerated in Section 16-1-60(A) not referenced in Section 16-1-90(A);

(c) any federal or out-of-state conviction for an offense which would be classified as a felony offense under subitems (a) and (b) above.

Most serious offense does not include a conviction or entry of a plea of guilty or nolo contendere occurring before January 1, 1980, for the purpose of sentencing under this section.

(2) `Serious offense' means:

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(a) an offense within the jurisdiction of general sessions court, except traffic offenses listed in Chapter 5, Title 56, but not excepting those in Article 23, Chapter 5, Title 56 of the 1976 Code;

(b) any federal or out-of-state conviction for an offense which would be within the jurisdiction of general sessions court had the charges been brought in the courts of this State, except traffic offenses listed in Chapter 5, Title 56, but not excepting those in Article 23, Chapter 5, Title 56 of the 1976 Code.

Serious offense does not include a conviction or entry of a plea of guilty or nolo contendere occurring before January 1, 1980, for the purpose of sentencing under this section.

(3) `Two or more prior convictions' means the defendant has been convicted of or entered a plea of guilty or nolo contendere to a most serious offense on at least two separate occasions before the instant adjudication.

(4) `Four or more prior convictions' means the defendant has been convicted of or entered a plea of guilty or nolo contendere to a serious offense on at least four separate occasions before the instant adjudication.

(B) Notwithstanding other provisions of law, except in the case of where the death penalty is imposed, upon conviction or an entry of a plea of guilty or nolo contendere for a more serious offense, the defendant must be imprisoned for life without eligibility for parole if the defendant has two or more prior convictions for a most serious offense.

(C) Notwithstanding other provisions of law, except in the case of where the death penalty is imposed, upon conviction or an entry of a plea of guilty or nolo contendere for a most serious offense, the defendant must be imprisoned for life and is not eligible for parole until service of thirty years if that defendant has one prior conviction or entry of a plea of guilty or nolo contendere for a most serious offense.

(D) Notwithstanding other provisions of law, except in the case of where the death penalty is imposed, upon conviction or an entry of a plea of guilty or nolo contendere for a serious offense, the defendant must be imprisoned for life and is not eligible for parole until service of twenty years if that defendant has four or more prior convictions for a serious offense.

(E) A person sentenced pursuant to this section must not be considered or granted early release pursuant to the provisions enacted to ameliorate prison overcrowding.

(F) A presiding judge, law enforcement agency, Board of Probation, Pardon Services, and Community Supervision, or a state or local correctional facility may provide offenders convicted of a most serious

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offense or a serious offense notice of the sentence which must be imposed upon subsequent conviction for a most serious or serious offense. Providing notice is not required and is within the discretion of the individual and entities referenced. The adequacy of any notice provided, or the failure to provide notice, is not subject to judicial review and does not create a liability upon the State, its agencies or departments, or any state or local political subdivision or its agents.

(G) The provisions of this section do not apply if the mandatory minimum sentence for the instant adjudication under other provisions of the law would exceed the provisions of this section."

SECTION 31. Section 17-25-70 of the 1976 Code is amended to read:

"Section 17-25-70. Notwithstanding any other another provision of law, a local governing body may authorize the sheriff or other official in charge of this a local correctional facility to require any able-bodied convicted person committed to such the facility to perform labor on the public works or ways. Any A convicted person physically capable of performing such the labor who refuses to obey a direct order to perform such the labor shall is not be entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230 herein; provided, however, that any. An inmate participating in a local work punishment or other public service sentence program shall must not be arbitrarily removed arbitrarily from such the program and required to perform work on the public works or ways.

The sheriff or other official in charge of a local correctional facility, at his discretion, may exempt a prisoner from the labor requirement if the inmate is considered an unusually high risk for escape or violence."

SECTION 32. Section 22-3-545(A) of the 1976 Code, as last amended by Act 174 of 1993, is further amended to read:

"(A) Notwithstanding the provisions of Sections 22-3-540 and 22-3-550 and effective from July 1, 1993, until July 1, 1994, a criminal case, the penalty for which the crime in the case does not exceed five thousand dollars or one year imprisonment, or both, may be transferred from general sessions court if the provisions of this section are followed."

SECTION 33. 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

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November, February, May, and August in each year, such cases as it may deem consider, after such examination, fit subjects for clemency."

SECTION 34. 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

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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 35. 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 must require 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 unless the prisoner is exempt under other provisions of law. 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."

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SECTION 36. 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 37. 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 38. Section 24-7-10 of the 1976 Code is amended to read:

"Section 24-7-10. All convicts upon whom may be imposed sentence of labor on the highways, streets, and other public works of a county shall must be under the exclusive supervision and control of the county supervisor and by him. The convicts must be formed into a county chain work gang and required to labor on the highways, roads, bridges, ferries, and other public works or buildings of the county unless a convict is exempt under other provisions of law. He The county supervisor shall

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direct the time, place, and manner of labor to be performed by such chain the work gang. But such chain The work gang shall must not be worked in connection with or near any road contractor or overseer. Should If the supervisor of any a county find finds that it is inconvenient or impracticable to work any a convict committed to the county chain work gang, he may turn such convict over to the Penitentiary authorities transfer the convict pursuant to Section 24-7-90."

SECTION 39. Section 24-7-20 of the 1976 Code is amended to read:

"Section 24-7-20. The governing body of any county may, in its discretion, must utilize the county chain work gang in whole or in part in any kind of work calculated to promote or conserve public health in the county or in any community thereof in which the sentences of the convicts on such the work gang were pronounced."

SECTION 40. Section 24-7-30 of the 1976 Code is amended to read:

"Section 24-7-30. All convicts upon whom may be imposed sentence of labor on the highways, streets, or other public works of a city or town shall be are under the exclusive supervision and control of the municipal authorities of such the city or town or such an officer as such appointed by the municipal authorities may appoint and. The convicts must be formed into a city or town chain work gang and required to labor on the streets, lanes, alleys, drains, and other municipal works or buildings of such the city or town, including public parks owned and controlled by such the city or town, whether within or without the corporate limits of such the city or town. But such The convicts shall must not be required to labor on any other highways, streets, or other public works in or of the county in which such a the city or town may be is situated except as provided in Section 24-7-50."

SECTION 41. Section 24-7-40 of the 1976 Code is amended to read:

"Section 24-7-40. If any convicts upon whom may be imposed sentence of labor on the highways, streets, and other public works of a county are not formed into a county chain work gang or are not required to labor on the highways, streets, and other public works of a county they may must be required to labor on the highways, streets, and other public works of any a city or town in such the county having a city or town chain work gang upon such terms as may be agreed upon by and between the governing body of such the county and the municipal authorities of such the city or town."

SECTION 42. Section 24-7-50 of the 1976 Code is amended to read:

"Section 24-7-50. Whenever any When a town or municipal authority in this State has does not have a sufficient number of convicts sentenced to work on the public works of the town to warrant the expense of

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maintaining a town chain work gang, the town authorities of such the town may must place such the convicts on the county chain work gang for the time so sentenced and the county authorities of the county in which such the town is situated may must exchange labor with such the town authorities and place county convicts on the public works of the town for the same number of days that town convicts work on the public works of the county."

SECTION 43. 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 44. Section 24-13-650 of the 1976 Code, as last amended by Act 471 of 1992, is further amended to read:

"Section 24-13-650. (A)No offender committed to incarceration under Section 16-1-60 or for any other type of criminal sexual conduct or attempted criminal sexual conduct not considered a violent crime under Section 16-1-60 may be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Section 16-3-1530 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the

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offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program.
(B) In addition to the requirements of subsection (A), where the offender committed or attempted to commit criminal sexual conduct of any degree, the solicitor of the judicial circuit in which the offender is released under the work release program as well as the sheriff of the county and law enforcement agency of the municipality, if any, in which the offender is released must be notified of the offender's release and the address where the offender is located. The provisions of this subsection do not require the consent of these officials to the offender's work release."

SECTION 45. 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

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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 46. 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:

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