South Carolina General Assembly
112th Session, 1997-1998
Journal of the Senate

Friday, June 6, 1997
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator COURSON.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4219 (Word version) -- Rep. Klauber: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN GREENWOOD COUNTY SO AS TO REVISE CERTAIN PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE SHOWN.
(By prior motion of Senator DRUMMOND)

THIRD READING BILLS

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 490 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 24-3-960, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MONIES IN THE UNLAWFUL POSSESSION OF PRISONERS BEING DECLARED CONTRABAND, SO AS TO PROVIDE THAT MONIES, TOKENS, OR THINGS OF LIKE NATURE USED AS MONEY SO SEIZED MUST BE DEPOSITED IN A FUND MAINTAINED BY THE DEPARTMENT OF CORRECTIONS TO AID IN THE DEPARTMENT'S DRUG INTERDICTION EFFORTS RATHER THAN IN A WELFARE FUND OF THE INSTITUTION IN WHICH THE PRISONER IS CONFINED; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR SO AS TO PROVIDE THAT A PRISONER SERVING TIME IN AN ADMINISTRATIVE SEGREGATION UNIT OF AN INSTITUTION OR IN THE MAXIMUM SECURITY UNIT OF THE DEPARTMENT AS A RESULT OF HIS OWN MISCONDUCT, AND A PRISONER WHO COMMITS AN OFFENSE OR IS FOUND GUILTY OF A SERIOUS OR OF REPETITIVE RULE VIOLATIONS OF THE INSTITUTION, MAY NOT BE ENTITLED TO CREDIT UNDER THIS SECTION; TO AMEND SECTION 24-19-30, AS AMENDED, RELATING TO THE DUTIES OF THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS SO AS TO REQUIRE THAT THE DIVISION REFER TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES THE NAMES OF COMMITTED YOUTHFUL OFFENDERS FOR CONDITIONAL RELEASE AND UNCONDITIONAL DISCHARGE; TO AMEND SECTION 24-19-50, AS AMENDED, RELATING TO THE POWERS OF COURTS UPON CONVICTION OF YOUTHFUL OFFENDERS SO AS TO SUBSTITUTE THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES IN PLACE OF THE YOUTHFUL OFFENDER DIVISION AS THE DISCHARGE AUTHORITY FOR YOUTHFUL OFFENDERS UNDER TWENTY-ONE SENTENCED INDEFINITELY TO THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-19-90, AS AMENDED, RELATING TO OPTIONS OF THE DIRECTOR OF THE RECEPTION AND EVALUATION CENTER, SO AS TO PROVIDE THAT THE DIRECTOR MAY RECOMMEND TO THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS THAT A COMMITTED YOUTHFUL OFFENDER BE REFERRED TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES FOR CONDITIONAL RELEASE UNDER SUPERVISION; TO AMEND SECTION 24-19-110, AS AMENDED, RELATING TO THE PROCEDURE FOR CONDITIONAL RELEASE OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS MAY, AFTER REASONABLE NOTICE TO THE DIRECTOR, REFER TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES THE NAME OF A COMMITTED YOUTHFUL OFFENDER FOR CONDITIONAL RELEASE UNDER SUPERVISION, THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY ASSESS REASONABLE FEES TO BE PAID BY YOUTHFUL OFFENDERS TO OFFSET COSTS OF SUPERVISION, AND THAT THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY DISCHARGE A COMMITTED YOUTHFUL OFFENDER UNCONDITIONALLY AT THE EXPIRATION OF ONE YEAR FROM THE DATE OF CONDITIONAL RELEASE; TO AMEND SECTION 24-19-130, RELATING TO REVOCATION OR MODIFICATION OF ORDERS OF THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY REVOKE OR MODIFY PREVIOUS ORDERS RESPECTING YOUTHFUL OFFENDERS; TO AMEND SECTION 24-19-140, RELATING TO SUPERVISORY AGENTS OF YOUTHFUL OFFENDERS PERMITTED TO REMAIN AT LIBERTY OR CONDITIONALLY RELEASED, SO AS TO SUBSTITUTE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES FOR THE YOUTHFUL OFFENDER DIVISION AS THE APPOINTING AND REGULATING AUTHORITY FOR SUPERVISOR AGENTS AND REGULATIONS; TO AMEND SECTION 24-19-150, RELATING TO TREATMENT AND RETURN TO CUSTODY OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT IF, BEFORE THE UNCONDITIONAL DISCHARGE OF A CONDITIONALLY RELEASED YOUTHFUL OFFENDER, THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES IS OF THE OPINION THAT A YOUTHFUL OFFENDER WILL BE BENEFITED BY FURTHER TREATMENT, THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY DIRECT HIS RETURN TO CUSTODY AND MAY REVOKE THE ORDER OF CONDITIONAL RELEASE; AND TO AMEND SECTION 24-21-560, RELATING TO COMMUNITY SUPERVISION PROGRAMS AND REQUIREMENTS OF NOTIFICATION OF RELEASE OF PRISONERS TO COMMUNITY SUPERVISION PROGRAMS, SO AS TO PROVIDE THAT VICTIMS REGISTERED PURSUANT TO SECTION 16-3-1530(C) (THE VICTIMS AND WITNESSES BILL OF RIGHTS) AND THE SHERIFF'S OFFICE IN THE COUNTY WHERE A PRISONER SENTENCED FOR A "NO PAROLE OFFENSE" IS TO BE RELEASED MUST BE NOTIFIED BY THE DEPARTMENT OF CORRECTIONS RATHER THAN THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, AND TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST NOTIFY THE REGISTERED VICTIM UPON THE REVOCATION OR COMPLETION OF A COMMUNITY SUPERVISION PROGRAM.
 (By prior motion of Senator THOMAS, with unanimous consent)

S. 810 (Word version) -- Senator Holland: A JOINT RESOLUTION TO PERMIT THE GOVERNOR TO RESUBMIT THE NAME OF THE INTERIM DIRECTOR SERVING AT THE DEPARTMENT OF PUBLIC SAFETY IF THE INTERIM APPOINTEE IS NOT CONFIRMED BY THE SENATE PRIOR TO THE GENERAL ASSEMBLY ADJOURNING, SINE DIE AND TO PROVIDE THAT IF THE INTERIM APPOINTEE'S NAME IS RESUBMITTED BY THE GOVERNOR, THAT THE APPOINTEE MAY CONTINUE TO SERVE UNTIL FEBRUARY 1, 1998, AT WHICH TIME THE OFFICE SHALL BE VACANT IF THE APPOINTEE IS NOT CONFIRMED.
(By prior motion of Senator HOLLAND, with unanimous consent)

ADJOURNMENT

At 11:25 A.M., on motion of Senator JACKSON, the Senate adjourned to meet next Monday, June 9, 1997, at 11:00 A.M., under the provisions of S. 811, the Sine Die Resolution, for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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