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"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 including the functions of probation, and parole, and community supervision, community-based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board, the Governor, and the General Assembly providing statistical and other information pertinent to the department's activities."

SECTION 45. 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 agents as required for service in the State and such clerical assistants as may be

SECTION 46. 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 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, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, 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, or 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, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require. A probation 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, and the board."

SECTION 47. Section 24-21-300 of the 1976 Code is amended to read:

"Section 24-21-300. At any time during a period of supervision, a probation and parole agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, 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, the parolee, the community supervision releasee, or the person released or furloughed, and must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set

SECTION 48. Section 24-21-910 of the 1976 Code is amended to read:

"Section 24-21-910. The Probation, Parole, and Pardon Services 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 49. Section 24-21-950 of the 1976 Code is amended to read:

"Section 24-21-950. (A) 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.(2) Persons discharged from a sentence without benefit of parole shall must be considered upon the request of the individual anytime after the date of discharge.

C.(3) Parolees shall must be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, shall must be considered for pardon upon the request of the individual anytime after the date of discharge.

D.(4) An inmate shall must be considered for pardon prior to before a parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.

E.(5) 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 has completed supervision or has been discharged from a sentence.

SECTION 50. 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 51. 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, and 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 agents for the purposes of prerelease preparation, securing employment and living arrangements, or obtaining rehabilitation services;

(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, or 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 52. 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, and community supervision releasees 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 special studies on such issues as probation, parole, and community supervision outcomes, revocations, and recidivism.

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

SECTION 53. Section 24-23-130 of the 1976 Code, as last amended by Act 134 of 1991, is further amended to read:

"Section 24-23-130. Upon the satisfactory fulfillment of the conditions of probation for a period of two years, the court may, with the recommendation of the agent in charge of the responsible county probation

SECTION 54. 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 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 State Office of Victim Assistance. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are duly transferred properly to the State Treasurer."

SECTION 55. Section 44-53-445(A) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(A) It is unlawful a separate criminal offense for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university."

SECTION 56. Chapter 7, Title 54 of the 1976 Code is amended by adding:

"Section 54-7-815. Notwithstanding any other provision of law, no person may excavate or salvage any sunken warship submerged in the waters of the Atlantic ocean within three miles of the South Carolina coast where there are, or it is believed that there are, human remains without the approval of the State Budget and Control Board. A person violating this section is guilty of a felony and upon conviction must be fined in the

SECTION 57. Sections 16-3-27, 24-1-200, 24-3-10, 24-13-270, and 24-13-1340 of the 1976 Code are repealed.

SECTION 58. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. Except as otherwise provided, the provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.

SECTION 59. A study committee shall be appointed to study mandatory minimum sentences and alternative sentences for nonviolent offenders and examine anti- recidivism methods for first time nonviolent offenders and report back to the General Assembly no later than the first day of session, 1996. The committee shall be composed of the following: The Attorney General of South Carolina or his designee, three appointees of the Speaker of the House of Representatives and three appointees of the President Pro Tempore of the Senate. The committee shall be staffed by the Sentencing Guidelines Commission and the staffs of the House and Senate Judiciary Committees.

SECTION 60. Section 16-25-90 of the 1976 Code, as added by Act 7 of 1995, shall be both retroactive and prospective in application.

SECTION 61. Section 16-25-70 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:

"Section 16-25-70.(A) A law enforcement officer may arrest, with or without a warrant, a person at his the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed any a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.

(B) A law enforcement officer must arrest, with or without a warrant, a person at the person's place of residence or elsewhere if physical manifestations of injury to the alleged victim are present and the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.

(D) If a law enforcement officer receives complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer shall evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer need not arrest the other person believed to have committed domestic or family violence. In determining whether a person is the primary aggressor, the officer shall consider:

(1) prior complaints of domestic or family violence;

(2) the relative severity of the injuries inflicted on each person;

(3) the likelihood of future injury to each person; and

(4) whether one of the persons acted in self-defense.

(E) A law enforcement officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage requests for intervention by law enforcement by a party.
(F) A law enforcement officer who arrests two or more persons for a crime involving domestic or family violence must include the grounds for arresting both parties in the written incident report.
(G) No evidence other than evidence of violations of this article found as a result of a warrantless search shall be is admissible in any a court of law.

(H) In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness."

SECTION 62. This act takes effect January 1, 1996, and applies prospectively to all crimes committed on or after that date except as follows:

(1) SECTION 9 takes effect upon approval of the Governor and applies to crimes committed on or after the effective date of that section.

(2) SECTION 25 takes effect upon approval of the Governor and applies to all executions administered on and after the effective date of this section, regardless of the date the sentence was imposed.

Renumber sections to conform.

Amend title to conform.

/s/Donald H. Holland /s/James H. Harrison
/s/Thomas L. Moore /s/L. Morgan Martin
/s/John E. Courson /s/L. Hunter Limbaugh

On Part of the Senate. On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

I voted for the Bill in a voice vote out of principle.

Rep. J.M. KNOTTS, JR.

The following was received.
Columbia, S.C., May 30, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3037:
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
Very respectfully,
President

The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

The House stood at ease subject to the call of Chair.

At 4:55 P.M. the House resumed, the SPEAKER in the Chair.

The General Assembly, Columbia, S.C., May 30, 1995

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 50-11-27. It is unlawful to hunt migratory waterfowl on Lake Murray within two hundred yards of a dwelling without written permission of the owner and occupant. As used in this section, Lake Murray includes the area from Lake Murray Dam to one-half mile upstream of Harmons Bridge on Secondary Road 41-44 and upstream to Kempsons Ferry Bridge on Highway 395. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."

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