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A284, R341, S274
STATUS INFORMATION
General Bill
Sponsors: Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott
Document Path: l:\council\bills\swb\5064cm07.doc
Introduced in the Senate on January 16, 2007
Introduced in the House on April 10, 2007
Last Amended on May 29, 2008
Passed by the General Assembly on May 29, 2008
Governor's Action: June 11, 2008, Signed
Summary: Day reporting centers
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/16/2007 Senate Introduced and read first time SJ-4
1/16/2007 Senate Referred to Committee on Corrections and Penology SJ-4
3/29/2007 Senate Committee report: Favorable with amendment Corrections
and Penology SJ-3
3/30/2007 Scrivener's error corrected
4/3/2007 Senate Amended SJ-26
4/3/2007 Senate Read second time SJ-26
4/4/2007 Senate Read third time and sent to House SJ-10
4/10/2007 House Introduced and read first time HJ-14
4/10/2007 House Referred to Committee on Judiciary HJ-14
6/5/2007 House Recalled from Committee on Judiciary HJ-61
6/6/2007 House Debate adjourned HJ-15
6/6/2007 House Debate adjourned HJ-20
6/6/2007 House Amended HJ-82
6/6/2007 House Read second time HJ-83
6/7/2007 House Read third time and returned to Senate with amendments
HJ-14
1/17/2008 Senate Non-concurrence in House amendment SJ-12
1/29/2008 House House insists upon amendment and conference committee
appointed Reps. GM Smith, Herbkersman, and Jennings
HJ-2
1/30/2008 Senate Conference committee appointed Fair, Sheheen, and
Campbell SJ-14
5/15/2008 Senate Free conference powers granted SJ-121
5/15/2008 Senate Free conference committee appointed Fair, Sheehen, and
Campbell SJ-121
5/29/2008 House Free conference powers granted HJ-43
5/29/2008 House Free conference committee appointed Reps. GM Smith,
Herbkersman, and Jennings HJ-44
5/29/2008 House Free conference report received and adopted HJ-44
5/29/2008 Senate Free conference report adopted SJ-125
5/29/2008 Senate Ordered enrolled for ratification SJ-131
6/5/2008 Ratified R 341
6/11/2008 Signed By Governor
6/17/2008 Copies available
6/17/2008 Effective date See Act for Effective Date
6/19/2008 Act No. 284
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/16/2007
3/29/2007
3/30/2007
4/3/2007
6/5/2007
6/6/2007
5/29/2008
(A284, R341, S274)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 21, TITLE 24 SO AS TO ALLOW THE DEPARTMENT TO DEVELOP AND OPERATE DAY REPORTING CENTERS FOR CERTAIN INMATES AND OFFENDERS, TO PROVIDE DEFINITIONS FOR CERTAIN TERMS, TO PROVIDE THAT THE TERMS AND CONDITIONS OF AN INMATE'S PLACEMENT AND PARTICIPATION IN A DAY REPORTING PROGRAM IS AT THE JOINT DISCRETION OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, TO PROVIDE THE PROCEDURE FOR THE REMOVAL OF A PARTICIPANT FROM THE PROGRAM, AND TO PROVIDE THE CONDITIONS UPON WHICH THE PILOT PROJECT DAY REPORTING CENTER PROGRAM TERMINATES; AND TO AMEND SECTION 22-5-110, RELATING TO A MAGISTRATE'S RESPONSIBILITIES, SO AS TO PROVIDE THAT A PERSON CHARGED WITH CERTAIN MISDEMEANOR OFFENSES MUST BE GIVEN A COURTESY SUMMONS.
Be it enacted by the General Assembly of the State of South Carolina:
Day reporting centers
SECTION 1. Chapter 21, Title 24 of the 1976 Code is amended by adding:
Section 24-21-1300. (A) The Department of Probation, Parole and Pardon Services may develop and operate day reporting centers within the State.
(B) 'Day reporting center' means a state facility providing supervision of inmates or offenders placed on supervision, which includes, but is not limited to, mandatory reporting, program participation, drug testing, community service, and any other conditions as determined by the Department of Corrections and the Department of Probation, Parole and Pardon Services.
(C) 'Eligible inmate' means a person sentenced to imprisonment for more than three months, excluding a person sentenced for:
(1) a violent crime, as provided for in Section 16-1-60;
(2) a Class A, B, or C felony, as provided for in Section 16-1-20;
(3) the following Class D felonies:
(a) robbery, as provided for in Section 16-11-325;
(b) disseminating obscene material to a minor twelve years of age or younger, as provided for in Section 16-15-355; and
(c) aggravated stalking, as provided for in Section 16-3-1730(C);
(4) an unclassified crime which carries a maximum term of imprisonment of fifteen years or more, as provided for in Section 16-1-10(D);
(5) the unclassified crime of assault and battery of a high and aggravated nature in which the original indictment was for an offense that would require registration as a sex offender, as provided for in Section 23-3-430; or
(6) a crime which requires a registration as a sex offender, as provided for in Section 23-3-430. 'Eligible inmate' does not include a person who does not provide an approved in-state residence as determined jointly by the Department of Corrections and the Department of Probation, Parole and Pardon Services.
(D) 'Eligible offender' means a person placed on probation, parole, community supervision, or any other supervision program operated by the Department of Probation, Parole and Pardon Services, excluding a person sentenced for:
(1) a violent crime, as provided for in Section 16-1-60;
(2) a Class A, B, or C felony, as provided for in Section 16-1-20;
(3) the following Class D felonies:
(a) robbery, as provided for in Section 16-11-325;
(b) disseminating obscene material to a minor twelve years of age or younger, as provided for in Section 16-15-355; and
(c) aggravated stalking, as provided for in Section 16-3-1730(C);
(4) an unclassified crime which carries a maximum term of imprisonment of fifteen years or more, as provided for in Section 16-1-10(D);
(5) the unclassified crime of assault and battery of a high and aggravated nature in which the original indictment was for an offense that would require registration as a sex offender, as provided for in Section 23-3-430; or
(6) a crime which requires a registration as a sex offender, as provided for in Section 23-3-430. 'Eligible offender' does not include a person who does not provide an approved in-state residence as determined jointly by the Department of Corrections and the Department of Probation, Parole and Pardon Services.
Section 24-21-1310. (A) Notwithstanding another provision of law, the Department of Probation, Parole and Pardon Services may develop and operate day reporting centers for eligible inmates and eligible offenders, if the General Assembly appropriates funds to operate these centers. The Department of Probation, Parole and Pardon Services shall develop policies, procedures, and guidelines for the operation of day reporting centers. The period of time an eligible inmate or offender is required to participate in a day reporting program and the individual terms and conditions of an eligible inmate's or offender's placement and participation are at the joint discretion of the Department of Corrections and the Department of Probation, Parole and Pardon Services.
(B) An inmate or offender has no right to be placed in a day reporting center. The Department of Corrections and the Department of Probation, Parole and Pardon Services have absolute discretion to place an eligible inmate or offender in a day reporting center and nothing in this article may be construed to entitle an inmate or offender to participate in a day reporting center program.
Section 24-21-1320. (A) An eligible inmate or offender placed in a day reporting center must agree to abide by the conditions established by the Department of Corrections and the Department of Probation, Parole and Pardon Services, which may include, but are not limited to:
(1) seek and maintain employment;
(2) participate in any educational, vocational training, counseling, or mentoring program recommended by the department;
(3) refrain from using alcohol or nonprescription medication; and
(4) pay a reasonable supervision fee, which may be waived by the department, that must be retained by the department to assist in funding this program.
(B) An eligible inmate or offender who fails to abide by the conditions established by the Department of Corrections and the Department of Probation, Parole and Pardon Services may be removed from the community and brought before an administrative hearing officer of the Department of Probation, Parole and Pardon Services. The Department of Probation, Parole and Pardon Services is the sole authority for determining whether any condition has been violated and for determining the actions to be taken in response to the violation. A participant revoked from participation in a day reporting center may be subject to further criminal proceedings or the institution of internal disciplinary sanctions for violations of any conditions associated with his placement in the day reporting center program. An inmate who fails to report as instructed, or whose whereabouts are unknown, may be considered to be 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.
(C) If a sentence to a day reporting center is revoked, the inmate must serve the remainder of his sentence within the Department of Corrections.
Section 24-21-1330. The pilot project day reporting center program terminates twelve months from its opening, unless extended by the General Assembly."
Courtesy summons
SECTION 2. Section 22-5-110 of the 1976 Code is amended to read:
"Section 22-5-110. (A) Magistrates shall cause to be arrested all persons found within their counties charged with any offense and persons who after committing any offense within the county escape out of it, examine into treasons, felonies, grand larcenies, high crimes and misdemeanors, commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction and punish those guilty of such offenses within their jurisdiction.
(B) Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by non-law enforcement personnel to ensure the arrest of a person must be given a courtesy summons."
Time effective
SECTION 3. This act takes effect upon approval by the Governor and must be implemented upon the appropriations of sufficient funds by the General Assembly.
Ratified the 5th day of June, 2008.
Approved the 11th day of June, 2008.
This web page was last updated on Monday, October 10, 2011 at 1:27 P.M.