Current Status Bill Number:180 Ratification Number:96 Act Number:57 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Rose All Sponsors:Rose Drafted Document Number:DKA\3486CM.95 Date Bill Passed both Bodies:19950531 Date of Last Amendment:19950530 Governor's Action:S Date of Governor's Action:19950607 Subject:Parole hearings
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19950612 Act No. A57 ------ 19950607 Signed by Governor ------ 19950606 Ratified R96 Senate 19950531 Concurred in House amendment, enrolled for ratification House 19950531 Read third time, returned to Senate with amendment House 19950530 Amended, read second time House 19950529 Debate adjourned House 19950525 Objection withdrawn by Representative Limehouse Hines House 19950525 Objection withdrawn by Representative Tripp Anderson McMahand J. Young Knotts House 19950524 Objection by Representative Anderson McMahand L. Whipper Kennedy Williams Tripp Hines Limehouse J. Young Knotts House 19950524 Amended House 19950518 Committee report: Favorable with 27 H3M amendment House 19950328 Introduced, read first time, 27 H3M referred to Committee Senate 19950323 Read third time, sent to House Senate 19950315 Amended, read second time Senate 19950314 Committee report: Favorable with 03 SCP amendment Senate 19950110 Introduced, read first time, 03 SCP referred to Committee Senate 19941017 Prefiled, referred to Committee 03 SCPView additional legislative information at the LPITS web site.
(A57, R96, S180)
AN ACT TO AMEND ARTICLE 7, CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE FILM, VIDEO TAPE, OR OTHER ELECTRONIC INFORMATION TO BE CONSIDERED BY THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES IN MAKING ITS DETERMINATION OF PAROLE, TO AUTHORIZE CERTAIN PEOPLE TO SUBMIT ELECTRONIC INFORMATION, TO REQUIRE THE PERSON SUBMITTING THE ELECTRONIC INFORMATION TO PROVIDE THE BOARD WITH CERTAIN INFORMATION, TO PROVIDE THAT IF THE FILM, VIDEO TAPE, OR OTHER ELECTRONIC INFORMATION IS RETAINED BY THE BOARD, IT MAY BE SUBMITTED AT SUBSEQUENT PAROLE HEARINGS EACH TIME THE SUBMITTING PERSON PROVIDES A WRITTEN STATEMENT DECLARING THAT THE INFORMATION REPRESENTS THE PRESENT POSITION OF THE PERSON WHO IS SUBMITTING THE INFORMATION, TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS AND THE BOARD TO INSTALL, MAINTAIN, AND OPERATE A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND PROVIDE THE MANNER IN WHICH THE CAMERA IS OPERATED, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS HELD PURSUANT TO THIS SECTION AND TO PROVIDE THAT THE BOARD IS NOT REQUIRED TO INSTALL, MAINTAIN, OR OPERATE FILM, VIDEO TAPE, OR OTHER ELECTRONIC EQUIPMENT TO RECORD A VICTIM'S TESTIMONY TO BE PRESENTED TO THE BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
Film, videotape, or other electronic information may be considered by the board
SECTION 1. Article 7, Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-710. (A) Film, videotape, or other electronic information that is both visual and aural, submitted pursuant to this section, must be considered by the Board of Probation, Parole, and Pardon Services in making its determination of parole.
(B) Upon receipt of the notice required by law, the following people may submit electronic information:
(1) the victim of the crime for which the prisoner has been sentenced;
(2) the prosecuting solicitor's office; and
(3) the person whose parole is being considered.
(C) The person submitting the electronic information shall provide the Board of Probation, Parole, and Pardon Services with the following:
(1) identification of each voice heard and each person seen;
(2) a visual or aural statement of the date the information was recorded; and
(3) the name of the person whose parole eligibility is being considered.
(D) If the film, videotape, or other electronic information is retained by the board, it may be submitted at subsequent parole hearings each time that the submitting person provides a written statement declaring that the information represents the present position of the person who is submitting the information.
(E) The Department of Corrections may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole, and Pardon Services may install, maintain, and operate a closed circuit television system at a location determined by the board and may conduct parole hearings by means of a two-way closed circuit television system provided in this section.
(F) Nothing in this section shall be construed to prohibit submission of information in other forms as provided by law.
(G) The director of the Department of Probation, Parole, and Pardon Services may develop written policies and procedures for parole hearings to be held pursuant to this section.
(H) The Board of Probation, Parole, and Pardon Services is not required to install, maintain, or operate film, videotape, or other electronic equipment to record a victim's testimony to be presented to the board."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 7th day of June, 1995.