Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 110, Jan. 10 | Printed Page 130, Jan. 10 |

Printed Page 120 . . . . . Wednesday, January 10, 1996

examination by a physician mutually agreed to by the licensee or applicant and the board. If agreement is not reached, an administrative law judge may appoint a physician to conduct the examination. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under any other provision of law. A person who accepts the privilege of practicing podiatry in this State or who files an application for a license to practice podiatry in this State is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds of a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing podiatry under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of podiatry with reasonable skill and safety to patients.

(E) In enforcing subsections (B)(3) and (6), the board upon just cause may obtain records relating to the mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records. These records are admissible in a hearing before the board, notwithstanding any other provision of law, if there is a prior showing that the past mental or physical condition of the licensee or applicant relates to a condition which may render the licensee or applicant unfit to practice podiatry. A person who accepts the privilege of practicing podiatry in this State or who files an application to practice podiatry in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds of a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing podiatry under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of podiatry with reasonable skill and safety to patients.

(F) The board may impose a fine of up to five hundred dollars for each violation of this chapter or of a regulation promulgated under this chapter;


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however, the total fine may not exceed five thousand dollars. All fines must be remitted to the State Treasurer and deposited in a special fund from which the board must be reimbursed upon the approval of the State Budget and Control Board for administrative costs associated with each complaint or alleged violation. At any time the revenue in this fund exceeds twenty thousand dollars, all funds in excess of twenty thousand dollars must be remitted to the general fund. Fines are payable immediately upon the effective date of the board's action imposing the fine. Interest accrues after fines are due at the maximum rate allowed by law. The license of a person against whom a fine is imposed may not be reinstated until the fine has been paid in full."

SECTION 9. Section 44-7-70 of the 1976 Code is amended to read:

"Section 44-7-70. (A) The medical staff chief or medical director of every a health care facility, as defined in Section 44-7-130, shall report in writing to the State Board of Medical Examiners the results of, and the circumstances concerning, any an action resulting in the revocation or suspension of, or other limitation upon, a physician's privileges to practice in that health care facility. This report is not required in the case of any of the following:

(1) a nondisciplinary resignation by the physician; however, any a resignation occurring after an incident or occurrence which could result in the revocation or suspension of, or other limitation upon, the physician's privileges must be reported;

(2) a minor disciplinary action regarding the physician's privileges in that health care facility when the action taken does not involve the revocation or suspension of, or other limitation upon, the physician's privileges to practice there;

(3) a disciplinary action resulting from the physician's failure to meet recordkeeping standards;

(4) a disciplinary action resulting from the physician's failure to attend meetings; or

(5) other disciplinary actions as defined by regulation promulgated by the State Board of Medical Examiners.

Any person making the a report required by this section is immune from criminal and civil liability in making the report, if the report is made in good faith and without malice.

(B) The medical staff chief or medical director of a health care facility, as defined in Section 44-7-130, shall report in writing to the State Board of Medical Examiners and to the Board of Podiatry Examiners the results of and the circumstances concerning an action resulting in the revocation or suspension of or other limitation upon, a podiatrist's privileges to


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practice in that health care facility. This report is not required in the case of:

(1) a nondisciplinary resignation by the podiatrist; however, a resignation occurring after an incident or occurrence which could result in the revocation or suspension of or other limitation upon the podiatrist's privileges must be reported;

(2) a minor disciplinary action regarding the podiatrist's privileges in that health care facility when the action taken does not involve the revocation or suspension of or other limitation upon the podiatrist's privileges to practice there;

(3) a disciplinary action resulting from the podiatrist's failure to meet recordkeeping standards;

(4) a disciplinary action resulting from the podiatrist's failure to attend meetings; or

(5) other disciplinary actions as defined by regulation promulgated by the Board of Podiatry Examiners."

SECTION 10. Section 44-51-90 of the 1976 Code is repealed.

SECTION 11. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

H. 4217 -- Reps. Baxley, J. Harris, Jennings and Neilson: A BILL TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.

RECOMMITTED

S. 250 -- Senators Martin, Courtney, Courson, Rose, Gregory, Leventis and Richter: A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT


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FOR MURDER, SO AS TO PROVIDE THAT THE SENTENCE FOR A PERSON CONVICTED OF MURDER MUST BE LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE WHEN AN AGGRAVATING CIRCUMSTANCE IS FOUND AND WHEN THE IMPOSITION OF THE DEATH PENALTY IS NOT RECOMMENDED.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator HOLLAND, the Bill was recommitted to the Committee on Judiciary.

RECOMMITTED

H. 3238 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-435 SO AS TO ALLOW LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND CHARITABLE ORGANIZATIONS TO USE INMATES TO PERFORM CONSTRUCTION, REPAIR, AND MAINTENANCE SERVICES; BY ADDING SECTION 24-13-100 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION 24-13-150 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED BE COMPUTED BASED UPON A THREE HUNDRED AND SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO AS TO PROVIDE A PERSON WHO COMMITS A CRIME SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION OF AN INMATE'S PROJECTED RELEASE DATE, AND TO REQUIRE THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION TO NOTIFY VICTIMS AND THE LOCAL SHERIFF'S OFFICE OF THE PLACE WHERE THE INMATE IS TO BE RELEASED WHEN HE IS PLACED IN COMMUNITY SUPERVISION; TO AMEND SECTIONS 1-30-10 AND 1-30-85, RELATING TO DEPARTMENTS RESTRUCTURED WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CHANGE THE NAME OF THE


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DEPARTMENT OF PROBATION, PARDON, AND PAROLE TO THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION, RESPECTIVELY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER A SENTENCE SHOULD BE DEATH OR LIFE IMPRISONMENT FOR A PERSON CONVICTED OF MURDER, SO AS TO REVISE THE TERMS OF IMPRISONMENT THAT MAY BE IMPOSED DURING THIS PROCEEDING; TO AMEND SECTION 16-3-625, RELATING TO RESISTING ARREST WITH A DEADLY WEAPON, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE CHARGED WITH THE CRIME, REVISE THE PENALTY, AND TO REVISE THE DEFINITION OF "DEADLY WEAPON"; TO AMEND SECTION 16-3-1180, AS AMENDED, RELATING TO THE COMPENSATION OF CRIME VICTIMS, SO AS TO REVISE THE MAXIMUM AWARD A CRIME VICTIM MAY RECEIVE; TO AMEND SECTION 16-3-1260, RELATING TO THE REIMBURSEMENT OF THE STATE BY A CONVICTED PERSON FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO ELIMINATE THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS' RIGHT TO MAKE PAYMENT OF THE DEBT OR A PORTION OF THE DEBT A CONDITION OF PAROLE, TO SUBSTITUTE "STATE OFFICE OF VICTIM ASSISTANCE" FOR "VICTIM'S COMPENSATION FUND" AND TO SUBSTITUTE "SOUTH CAROLINA DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "SOUTH CAROLINA BOARD OF PAROLE AND COMMUNITY CORRECTIONS"; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", TO ALLOW THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE DEPARTMENT OF CORRECTIONS TO DISCLOSE BETWEEN THE TWO DEPARTMENTS INFORMATION PROVIDED TO VICTIMS AND WITNESSES, AND TO ELIMINATE RESTITUTION AS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO SUBSTITUTE THE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR THE "PAROLE AND COMMUNITY CORRECTIONS BOARD"; TO AMEND SECTION 16-11-311, RELATING TO BURGLARY IN THE FIRST DEGREE, SO
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AS TO ELIMINATE PAROLE FOR THE COMMISSION OF THE CRIME; TO AMEND SECTION 17-25-45, RELATING TO A SOLICITOR'S DISCRETION TO INVOKE A LIFE SENTENCE UPON A PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO AS TO REDUCE THE NUMBER OF PRIOR CONVICTIONS TO TWO BEFORE A LIFE SENTENCE MAY BE IMPOSED, EXCEPT FOR A CRIME FOR WHICH A SENTENCE OF DEATH HAS BEEN IMPOSED, TO DEFINE "LIFE IMPRISONMENT", AND REQUIRE THE SOLICITOR TO GIVE WRITTEN NOTICE OF HIS DECISIONS TO INVOKE SENTENCING UNDER THIS PROVISION BEFORE TRIAL; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO A PRISONER'S PLACE OF CONFINEMENT, SO AS TO SUBSTITUTE "STATE CORRECTIONAL FACILITY" FOR "STATE PENITENTIARY"; TO ALLOW AN INMATE'S SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE RENDERED IN ANOTHER STATE OR A SENTENCE RENDERED ON THE FEDERAL LEVEL, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE SOLICITOR, SHERIFF, JUDGE, AND REGISTERED VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, TO ALLOW THE DEPARTMENT TO DENY WORK RELEASE BASED ON OPINIONS RECEIVED FROM THESE INDIVIDUALS, AND TO ALLOW INMATES TO PARTICIPATE IN THE DEPARTMENT OF CORRECTIONS RESTITUTION PROGRAM; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS, SO AS TO ADD THE TERM "COMMUNITY SUPERVISION"; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR GOOD BEHAVIOR, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING GOOD BEHAVIOR CREDITS, TO ELIMINATE AN INMATE'S ABILITY TO HAVE SERVED A FULL SENTENCE WHEN HE HAS SERVED THE TERM FOR WHICH HE WAS SENTENCED, LESS CREDIT FOR GOOD BEHAVIOR, AND TO PROVIDE THAT CREDITS EARNED UNDER THIS SECTION MAY NOT BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR PARTICIPATION IN AN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING ACADEMIC AND WORK CREDITS, TO REDUCE THE MAXIMUM ANNUAL CREDIT FOR BOTH WORK CREDIT AND ACADEMIC CREDIT, TO NOT ALLOW
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A REDUCTION IN SENTENCE BELOW CERTAIN MINIMUMS, AND TO PROVIDE NO CREDIT EARNED UNDER THIS SECTION MAY BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE SHOCK INCARCERATION SELECTION COMMITTEE, SO AS TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER" AND SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; AND TO AMEND SECTION 24-13-1330, AS AMENDED, RELATING TO AN INMATE'S PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO MODIFY THE PROCEDURE AN INMATE IS CONSIDERED FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER", TO ELIMINATE PAROLE FOR INMATES WHO COMPLETE THE SHOCK INCARCERATION PROGRAM, BUT REQUIRE THEM TO BE RELEASED TO COMMUNITY SUPERVISION AND TO PAY RESTITUTION IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO DEFINITIONS UNDER "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY PROVISION OF THE "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO NOT DIMINISH THE AUTHORITY OF THE COURTS, THE DEPARTMENT OF JUVENILE JUSTICE, OR THE DEPARTMENT OF PROBATION AND COMMUNITY SERVICES TO REGULATE OR IMPOSE CONDITIONS ON COMMUNITY SUPERVISION; TO AMEND SECTION 24-19-160, AS AMENDED, RELATING TO THE PROVISIONS THAT THE COURTS' POWERS AND THE JURISDICTION OF THE PROBATION, PAROLE, AND PARDON BOARD ARE NOT AFFECTED BY THE DEPARTMENT OF CORRECTION'S TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND TO ELIMINATE THE
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PROVISION THAT MAKES FOR PAROLE PURPOSES A SENTENCE PURSUANT TO SECTION 24-19-5, SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES AND THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND SUBSTITUTE "BOARD OF PARDONS" FOR "BOARD OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE DUTIES OF THE DIRECTOR AND BOARD OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO REQUIRE THE DIRECTOR TO DEVELOP POLICIES AND PROCEDURE TO PLACE AND SUPERVISE OFFENDERS ON COMMUNITY SUPERVISION, TO DEFINE COMMUNITY SUPERVISION AND AN INMATE'S RIGHT TO BE PLACED IN THIS PROGRAM, AND TO LIMIT THE CASES THE BOARD MUST CONSIDER; TO AMEND SECTION 24-21-30, RELATING TO THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES MEETINGS, SO AS TO ELIMINATE GRANTING PAROLE TO INMATES WHO COMMIT A CRIME AFTER JUNE 30, 1996, AND TO MODIFY THE PROCEDURE FOR GRANTING PAROLES; TO AMEND SECTION 24-21-50, RELATING TO HEARINGS, ARGUMENTS, AND APPEARANCES BEFORE THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO LIMIT THE BOARD TO CONSIDER ONLY HEARINGS FOR PAROLE OR PARDONS AND NOT TO ALLOW AN INMATE THE RIGHT TO CONFRONTATION DURING THESE HEARINGS; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO PUBLIC AGENCY AND OFFICIALS COOPERATING WITH THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO ELIMINATE THE DIRECTOR OF THE BOARD'S ABILITY TO CONDUCT SURVEYS OF CORRECTIONAL FACILITIES; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO SUPERVISION FEES PAID BY PROBATIONERS AND PAROLEES, SO AS TO INCLUDE COMMUNITY SUPERVISION IN THE PROGRAMS COVERED BY SUPERVISION FEES, TO GRANT THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION THE AUTHORITY TO DETERMINE SUPERVISION FEES, TO MAKE PAYMENT OF A SUPERVISION FEE A CONDITION OF
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PROBATION, PAROLE, OR COMMUNITY SUPERVISION, TO SUBSTITUTE "DEPARTMENT" FOR "BOARD" AND "COMMUNITY SUPERVISION PROGRAM" FOR "SUPERVISED FURLOUGH PROGRAM", AND TO REVISE THE CONDITIONS FOR WHICH A PERSON MAY BE EXEMPTED FROM PAYING SUPERVISION FEES; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO INCLUDE COMMUNITY SUPERVISION AMONG THE PROGRAMS HE MUST EMPLOY STAFF TO CARRY OUT HIS DUTIES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT AND TRAINING AND EXAMINING OF PROBATION AGENTS AND CLERICAL ASSISTANTS, SO AS TO FURTHER PROVIDE FOR THE TRAINING AND EXAMINATION OF CERTAIN AGENTS; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO REQUIRE PROBATION AGENTS TO PROVIDE PERSONS RELEASED ON PAROLE OR COMMUNITY SUPERVISION A WRITTEN STATEMENT OF THE TERMS OF THEIR RELEASE AND MAINTAIN CONTACT WITH AND ENCOURAGE THOSE IN COMMUNITY SUPERVISION TO IMPROVE THEIR CONDUCT AND CONDITION, AND TO MAKE PROBATION AGENTS OFFICIAL REPRESENTATIVES OF THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE BOARD OF PARDONS; TO AMEND SECTION 24-21-300, RELATING TO THE ISSUING OF A CITATION AND AFFIDAVIT THAT A PERSON RELEASED PURSUANT TO THE PRISON OVERCROWDING ACT IS IN VIOLATION OF HIS TERMS OF RELEASE, SO AS TO ALLOW PROBATION AGENTS TO ISSUE CITATIONS AND AFFIDAVITS TO COMMUNITY SUPERVISION RELEASEES, TO SUBSTITUTE "OFFENDER MANAGEMENT SYSTEMS ACT" FOR "PRISON OVERCROWDING POWERS ACT", AND TO ALLOW A CERTIFICATE OF SERVICE TO BE SUFFICIENT PROOF OF SERVICE THAT A CITATION HAS BEEN SERVED; 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 SUBSTITUTE "BOARD OF PARDONS" FOR "PROBATION, PAROLE, AND PARDON SERVICES BOARD"; TO AMEND SECTION 24-21-950, RELATING TO GUIDELINES FOR
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DETERMINING ELIGIBILITY FOR PARDONS, SO AS TO ALLOW A CRIME VICTIM OR A MEMBER OF A CONVICTED PERSON'S FAMILY TO PETITION FOR A PARDON FOR A PERSON WHO HAS COMPLETED COMMUNITY SUPERVISION OR HAS BEEN DISCHARGED FROM A SENTENCE AND TO ALLOW PERSONS DISCHARGED FROM A SENTENCE WITHOUT BENEFIT OF SUPERVISION BE CONSIDERED FOR A PARDON UPON THE REQUEST OF THE INDIVIDUAL ANYTIME AFTER DISCHARGE; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION SYSTEM, SO AS TO MAKE TECHNICAL REVISIONS; TO AMEND SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO SUBSTITUTE "SUPERVISED PRISONERS" FOR "PAROLEES", TO INCLUDE COMMUNITY SUPERVISION PROGRAMS IN THE COMMUNITY CORRECTIONS PLAN, SUBSTITUTE "STATE PROBATION AGENTS" FOR "STATE PROBATION AND PAROLE AGENTS", AND TO SUBSTITUTE "COMMUNITY SUPERVISION" FOR "PAROLE"; TO AMEND SECTION 24-23-40, AS AMENDED, RELATING TO THE DEVELOPMENT OF A COMMUNITY CORRECTIONS PLAN, SO AS TO INCLUDE COMMUNITY SUPERVISION RELEASEES AMONG INDIVIDUALS OBTAINING TREATMENT UNDER THE PLAN AND TO ELIMINATE THE CONDUCT OF RESEARCH AND SPECIAL STUDIES ON THE ISSUE OF PAROLE OUTCOMES BY THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-23-115, AS AMENDED, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO THE TERMINATION OF SUPERVISION OF A PROBATIONER UPON RECOMMENDATION OF THE RESPONSIBLE COUNTY PROBATION OFFICE, SO AS TO ELIMINATE THE TWO-YEAR PERIOD A PROBATIONER OR SUPERVISED PRISONER MUST WAIT AFTER SATISFACTORILY COMPLETING THE CONDITIONS OF HIS PROBATION OR COMMUNITY SUPERVISION TO BECOME ELIGIBLE FOR TERMINATION OF SUPERVISION; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS AS A CONDITION OF PROBATION AND SUPERVISION FROM RELEASE FROM PRISON, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON
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SERVICES", AND TO SUBSTITUTE "TREASURER" FOR "TREASURY"; TO REPEAL SECTION 24-1-200, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF CORRECTION'S ABILITY TO INQUIRE INTO INMATE'S SENTENCES, THE CONDITIONS UNDER WHICH INMATES ARE CONFINED AND RECOMMENDATIONS FOR CLEMENCY; SECTION 24-13-60, RELATING TO THE REQUIREMENT THAT CLERKS OF COURT MUST NOTIFY THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF PERSONS CONVICTED EACH TERM; SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS; SECTION 24-13-610, RELATING TO THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-620, RELATING TO THE REQUIREMENTS OF EXTENDED WORK RELEASE PROGRAM PARTICIPANTS; SECTION 24-13-630, RELATING TO THE DUTIES OF THE DEPARTMENT OF CORRECTIONS REGARDING THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-710, RELATING TO THE IMPLEMENTATION OF GUIDELINES AND ELIGIBILITY CRITERIA FOR THE SUPERVISED FURLOUGH PROGRAM; AND SECTION 24-13-720, RELATING TO INMATES WHO MAY BE PLACED IN A SUPERVISED FURLOUGH PROGRAM; TO DIRECT THE CODE COMMISSIONER TO MAKE APPROPRIATE REVISIONS TO THE CODE; AND TO SAVE PENDING MATTERS.


| Printed Page 110, Jan. 10 | Printed Page 130, Jan. 10 |

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