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H. 4479
STATUS INFORMATION
General Bill
Sponsors: Reps. Wilkins, Harrison, Cotty, G.M. Smith, Kirsh and Hinson
Document Path: l:\council\bills\swb\5719cm04.doc
Companion/Similar bill(s): 883
Introduced in the House on January 13, 2004
Currently residing in the House Committee on Judiciary
Summary: Dept. of Corrections, establishment of Targeted Release and Alternative Placement Program; guidelines for certain prisoners to have sentences adjusted; FOI exemptions for certain law enforcement policies/architectural plans
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/17/2003 House Prefiled 12/17/2003 House Referred to Committee on Judiciary 1/13/2004 House Introduced and read first time HJ-90 1/13/2004 House Referred to Committee on Judiciary HJ-90 1/22/2004 House Member(s) request name added as sponsor: Hinson
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 3, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, BY ADDING ARTICLE 6 SO AS TO ESTABLISH BOTH A TARGETED RELEASE PLAN AND AN ALTERNATIVE PLACEMENT PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-210 AND 24-13-230, BOTH AS AMENDED, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION, AND TO ALLOW A COURT TO LIMIT THE NUMBER OF LAWSUITS FILED AGAINST A PERSON, AGENCY, OR ENTITY UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 24 of the 1976 Code is amended by adding:
Section 24-3-610. (A) 'Department' means the Department of Corrections.
(B) 'Targeted Release Plan' means a program under which eligible inmates may have the limits of their confinement extended by the Department of Corrections by being returned to the community before the expiration of their sentences under the supervision of the Department of Corrections.
(C) 'Eligible inmate' means an inmate sentenced to the Department of Corrections for a sentence of between ninety-one days and one year for a non-violent offense excluding those sentenced for committing or attempting to commit a lewd act on a child, as defined by Section 16-15-140, or criminal sexual conduct in the third degree, as defined by Section 16-3-654, who is recommended by the sentencing judge for placement in the community under a targeted release plan, who has an in-state residence, and who has served at least thirty days of his sentence in institutional programs of the department.
Section 24-3-615. (A) Notwithstanding any other provision of law relating to the placement, care, or supervision of a person who is under the jurisdiction of the department, the department shall promulgate regulations that would permit eligible inmates to be placed back in their communities under a Targeted Release Program plan before the completion of their sentences. The department may establish or contract to establish residential programs, day reporting centers, electronic monitoring programs or other supervision and management options as may be necessary to supervise inmates placed in the community pursuant to this program.
(B) Inmates shall have no right to be placed in the targeted release program. The department has the discretion to place certain offenders who are recommended by the sentencing judge in the targeted release program and nothing in this section shall be construed to entitle an inmate to participate in the targeted release program.
Section 24-3-620. Inmates placed in the targeted release plan must agree to abide by conditions established by the department, which may include, but are not limited to the following:
(1) a curfew;
(2) to seek and maintain employment;
(3) to participate in any educational or counseling programs recommended by the department;
(4) to refrain from using alcohol or nonprescription medication or drugs;
(5) to pay a reasonable supervision fee, which may be waived by the department, that shall be retained by the department to assist in funding the program;
(6) offenders who fail to abide by the conditions established by the department may be removed from the community and returned to an institution of the department. The department shall be the sole authority for determining whether or not to take any actions in response to the violation. An inmate revoked from participation in a targeted release plan may be subject to further criminal proceedings and internal disciplinary sanctions for violations of any conditions associated with their placement in the community pursuant to a targeted release plan. An inmate who fails to report as instructed, or whose whereabouts are unknown, may be deemed an escapee by the department and may be apprehended and returned to custody as any other inmate who is deemed an escapee by the department; and
(7) that if revoked, the offenders will be required to serve the remainder of their sentences less credit for time served while in a targeted release plan within a correctional facility of the department.
Section 24-3-625. (A) 'Eligible inmate' means a person who is committed to the Department of Corrections for a sentence over one year and up to five years for a non-violent offense excluding committing or attempting to commit a lewd act on a child (Section 16-15-140) or criminal sexual conduct in the third degree (Section 16-3-654) and who is recommended by a General Sessions Court judge for an alternative placement program.
(B) 'Department' means the South Carolina Department of Corrections.
(C) 'Alternative Placement Program' means a highly structured program operated by the department in which inmates who are recommended by the court and selected by the department may be placed in a specialized institutional program. After serving at least six months in institutional programs of the department, the inmate may then be placed in the community under a structured program overseen by the department. Inmates have no right to participate in this program or to be released to the community pursuant to this program.
Section 24-3-630. (A) The department shall promulgate regulations to screen, supervise, and revoke, if necessary, eligible inmates and may place screened inmates into an Alternative Placement Program when it determines, in its sole discretion, that such programming would not unduly pose a danger to society and that an eligible inmate would benefit from such program.
(B) Inmates placed in the Alternative Placement Program must serve six months in a highly structured prison setting, satisfactorily participate in any recommended educational, vocational, counseling, or self-improvement program and remain disciplinary free.
(C) Inmates who incur disciplinary actions, do not successfully participate in recommended programs, or who otherwise fail to meet the requirements of the alternative placement program, as determined by the department, must be removed from the program and shall have their sentences treated as if they were not eligible for the alternative placement program.
(D) Upon completion of at least six months in the institutional program developed by the department, the inmate may be released into the community and may be:
(a) required to attend a residential program or a day reporting center;
(b) subject to electronic monitoring or other supervision;
(c) subject to monitoring requirements as may be determined by the department.
(E) The department may collect and retain fees generated by the above supervision activities to offset operational costs.
Section 24-3-635. Inmates placed in the Alternative Placement Program must agree to abide by conditions established by the department, which may include, but are not limited to the following:
(1) a curfew;
(2) to seek and maintain employment;
(3) to participate in any educational or counseling programs recommended by the department;
(4) to refrain from using alcohol or nonprescription medication or drugs;
(5) to pay a reasonable supervision fee, which may be waived by the department, that shall be retained by the department to assist in funding the program;
(6) offenders who fail to abide by the conditions established by the department may be removed from the community and returned to an institution of the department. The department shall be the sole authority for determining whether or not to take any actions in response to the violation. An inmate revoked from participation in an alternative placement program may be subject to further criminal proceedings and internal disciplinary sanctions for violations of any conditions associated with their placement in the community pursuant to an alternative placement program. An inmate who fails to report as instructed, or whose whereabouts are unknown, may be deemed an escapee by the department and may be apprehended and returned to custody as any other inmate who is deemed an escapee by the department; and
(7) that if revoked, the offenders will be required to serve the remainder of their sentences less credit for time served while in a targeted release plan within a correctional facility of the department.
Section 24-3-640. The sentencing judge may recommend that eligible inmates be considered for the Alternative Placement Program, but the department has sole authority to determine eligibility and participation of those inmates recommended."
SECTION 2. Section 24-13-210 of the 1976 Code as last amended by Act 83 of 1995, is further amended to read:
"Section 24-13-210. (A) A prisoner convicted of an offense against this State, except a 'no parole offense' as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served . When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.
(B) A prisoner convicted of a 'no parole offense' against this State as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of three days for each month served. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No prisoner convicted of a 'no parole offense' is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.
(C) A prisoner convicted of an offense against this State and sentenced to a local correctional facility, or upon the public works of any county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good conduct credits must be computed.
(D) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.
(E) Any person who has served the term of imprisonment for which he has been sentenced less deductions allowed therefrom for good conduct is considered upon release to have served the entire term for which he was sentenced unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he must complete his sentence as provided in Section 24-21-560 prior to discharge from the criminal justice system.
(F) No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.
(G) The director may promulgate regulations to restore to any inmate one-half of the good time lost for a disciplinary infraction if the inmate is not found guilty of a subsequent disciplinary infraction for 365 days from the date of his last adjudication of guilt of a disciplinary infraction. An inmate released as a result of the restoration of good time shall not have a cause of action against the department for false imprisonment.
(H) The director may, in his discretion, award up to 180 days of good time to any inmate who performs a particularly meritorious act which results in the reduction or avoidance of serious injury or death of any employee, civilian, or member of the public while risking his own life or health. In no case shall the inmate's sentence be reduced to a level below that required by law to be served."
SECTION 3. Section 24-13-230(A) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(A) The Director of the Department of Corrections may must promulgate regulations to allow any prisoner in the custody of the department, except a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, or is participating in self-improvement programs, which may include counseling, substance abuse programs, religious programs or recommended health improvement programs, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. A maximum annual credit for both work credit and education credit is limited to one hundred eighty days."
SECTION 4. Section 24-27-200 of the 1976 Code, as added by Act 455 of 1996 is amended to read:
"Section 24-27-200. (A) A prisoner shall forfeit all or part of his earned work, education, or good conduct credits in an amount to be determined by the Department of Corrections upon recommendation of the court, to include an administrative law judge if the court finds that the prisoner has done any of the following in a case pertaining to his incarceration or apprehension filed by him in state or federal court or in an administrative proceeding while incarcerated:
(1) submitted a malicious, or frivolous, or repetitive claim, or one that is intended solely to harass the party filed against;
(2) testified falsely or otherwise presented false evidence or information to the court;
(3) unreasonably expanded or delayed a proceeding; or
(4) abused the discovery process.
The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to move for the findings in a case in which the State or any public entity or official is a defendant.
(B) A court may direct that an inmate not be allowed to serve a lawsuit against any person, agency, or entity if it finds that the inmate has filed or served three previous lawsuits that were held by a court to be malicious, frivolous, repetitive, or intended solely to harass a party unless the inmate alleges by credible statements a clear danger to his health or safety."
SECTION 5. Section 30-4-40(a) of the 1976 Code, as last amended by Act 86 of 2003, is further amended by adding item (19) immediately after item (18) to read:
"(19) Architectural plans, drawings, or schematics or law enforcement policies whose disclosure reasonably would be used to facilitate an escape from lawful custody."
SECTION 6. SECTION 1 takes effect upon approval by the Governor and must be implemented when sufficient funds are appropriated by the General Assembly. The remaining SECTIONS take effect upon approval by the Governor.
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