South Carolina General Assembly
117th Session, 2007-2008

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A407, R339, S144

STATUS INFORMATION

Joint Resolution
Sponsors: Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams
Document Path: l:\s-jud\bills\malloy\jud0030.gm.doc

Introduced in the Senate on January 9, 2007
Introduced in the House on February 13, 2007
Last Amended on June 4, 2008
Passed by the General Assembly on June 4, 2008
Governor's Action: June 11, 2008, Signed

Summary: Sentencing Guidelines Commission

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/12/2006  Senate  Prefiled
  12/12/2006  Senate  Referred to Committee on Judiciary
    1/9/2007  Senate  Introduced and read first time SJ-89
    1/9/2007  Senate  Referred to Committee on Judiciary SJ-89
   1/24/2007  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-21
   1/25/2007          Scrivener's error corrected
    2/7/2007  Senate  Amended SJ-40
    2/7/2007  Senate  Read second time SJ-40
    2/7/2007  Senate  Unanimous consent for third reading on next legislative 
                        day SJ-40
    2/8/2007  Senate  Read third time and sent to House SJ-14
    2/8/2007          Scrivener's error corrected
   2/13/2007  House   Introduced and read first time HJ-13
   2/13/2007  House   Referred to Committee on Judiciary HJ-14
   3/26/2008  House   Committee report: Favorable with amendment Judiciary HJ-3
   3/27/2008  House   Amended HJ-24
   3/27/2008  House   Read second time HJ-25
   3/27/2008  House   Unanimous consent for third reading on next legislative 
                        day HJ-25
   3/28/2008  House   Read third time and returned to Senate with amendments 
                        HJ-1
    4/1/2008  Senate  House amendment amended SJ-29
    4/1/2008  Senate  Returned to House with amendments SJ-29
    4/2/2008          Scrivener's error corrected
    4/9/2008  House   Non-concurrence in Senate amendment HJ-40
   5/28/2008  Senate  Senate insists upon amendment and conference committee 
                        appointed Malloy, Rankin, and Cleary SJ-23
   5/28/2008  House   Conference committee appointed Reps. GM Smith, Kelly, 
                        and Jennings HJ-70
    6/4/2008  House   Free conference powers granted HJ-62
    6/4/2008  House   Free conference committee appointed Reps. GM Smith, 
                        Kelly, and Jennings HJ-63
    6/4/2008  House   Free conference report received and adopted HJ-63
    6/4/2008  Senate  Free conference powers granted SJ-174
    6/4/2008  Senate  Free conference committee appointed Rankin, Malloy, and 
                        Cleary SJ-174
    6/4/2008  Senate  Free conference report adopted SJ-175
    6/5/2008  House   Ordered enrolled for ratification HJ-85
    6/5/2008          Ratified R 339
   6/11/2008          Signed By Governor
   6/17/2008          Copies available
   6/17/2008          Effective date 06/11/08
    8/6/2008          Act No. 407

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/12/2006
1/24/2007
1/25/2007
2/7/2007
2/8/2007
3/26/2008
3/27/2008
4/1/2008
4/2/2008
6/4/2008


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A407, R339, S144)

A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA SENTENCING REFORM COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION REGARDING SENTENCING GUIDELINES FOR CERTAIN OFFENSES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR OFFENDERS FOR WHOM TRADITIONAL IMPRISONMENT IS NOT APPROPRIATE; TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION; AND TO PROVIDE FOR THE STAFFING OF THE COMMISSION AND FOR THE TERMINATION OF THE COMMISSION NO LATER THAN JUNE 1, 2009.

Whereas, the General Assembly declares that the development of a rational and sound sentencing structure is in the best interest of South Carolina; and

Whereas, the General Assembly has determined to create an independent commission to review, study, and recommend legislation for sentencing guidelines, the parole system, and alternative sentencing procedures for nonviolent offenders. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

South Carolina Sentencing Reform Commission, establishment

SECTION    1.    (A)    There is established the South Carolina Sentencing Reform Commission composed of ten members as follows:

(1)    three members to be appointed by the chairman of the Senate Judiciary Committee;

(2)    three members to be appointed by the chairman of the House of Representatives Judiciary Committee;

(3)    three members of the Judiciary to be appointed by the Chief Justice of the South Carolina Supreme Court; and

(4)    one member to be appointed by the Governor.

(B)    The members of the commission may begin meeting when at least a quorum has been appointed and shall elect one member to serve as chairman.

(C)    The primary duty of the Sentencing Reform Commission is to prepare a comprehensive report that reviews and recommends:

(1)    appropriate changes to current sentencing guidelines for all offenses for which a term of imprisonment of more than one year is allowed;

(2)    maintaining, amending, or abolishing the current parole system; and

(3)    guidelines for legislation for offenders for whom traditional imprisonment is not considered appropriate.

(D)    The purpose of the report is to enable the General Assembly to consider the Sentencing Reform Commission's findings and determine whether state laws should be amended.

(E)    In making its recommendations concerning guidelines, the commission must consider current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities.

(F)    The Sentencing Reform Commission must deliver its report and recommendations to the chairman of the Senate Judiciary Committee and the chairman of the House Judiciary Committee no later than June 1, 2009, and the commission shall terminate when the report is made.

(G)    The Supreme Court shall provide appropriate staff for the commission. The chairman of the Senate Judiciary Committee may provide additional staff for the Senate members, and the chairman of the House Judiciary Committee may provide additional staff for the House members.

(H)    Members of the Sentencing Reform Commission may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.

(I)    The commission is encouraged to apply for and may expend federal funds, grants, and gifts it receives from other sources to carry out its duties and responsibilities.

Time effective

SECTION    2.    This joint resolution takes effect upon approval by the Governor.

Ratified the 5th day of June, 2008.

Approved the 11th day of June, 2008.

__________


This web page was last updated on Wednesday, December 2, 2009 at 3:29 P.M.