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(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 47. 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 48. 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

(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 49. 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 50. 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 51. 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 52. Section 24-21-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

(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 53. 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 54. 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

SECTION 55. 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 56. 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 57. 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

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 58. 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

SECTION 59. 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 60. 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 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 62. 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 63. 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.

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 64. 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 65. 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:

(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 66. 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

(d)(4) The department's development of adequate training and staff development for its employees."

SECTION 67. 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 68. 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 69. 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

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