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COMMITTEE REPORT
March 26, 2008
S. 144
Introduced by Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams
S. Printed 3/26/08--H.
Read the first time February 13, 2007.
To whom was referred a Joint Resolution (S. 144) to create a Sentencing Guidelines Commission to review, study, and recommend legislation for sentencing guidelines, the parole system, and alternative sentencing procedures for non-violent offenders, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting SECTION 1 in its entirety and inserting:
/ SECTION 1. (A) There is established the South Carolina Sentencing Reform Commission composed of twelve 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 to be appointed by the Chief Justice of the South Carolina Supreme Court; and
(4) three members to be appointed by the Governor.
(B) The members of the commission 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 and grants and gifts it receives from other sources to carry out its duties and responsibilities." /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
EXPLANATION OF IMPACT:
The Legislature indicates there will be an additional cost for the proposed bill. The commission will consist of 6 members with a possible mix of legislators and non-legislators. The cost per legislator per one-day meeting is $225 per person, and the cost per non-legislator per one-day meeting is $190. The total cost will be between $1,140 and $1,350 per meeting.
Approved By:
Don Addy
Office of State Budget
TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Amend Title To Conform
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 procedure for non-violent offenders. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) There is established the South Carolina Sentencing Reform Commission composed of nine 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; and
(3) three members of the judiciary to be appointed by the Chief Justice of the South Carolina Supreme Court.
(B) The members of the commission 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 May 29, 2008, and the commission shall terminate when the report is made.
(G) The Chairman of the Senate Judiciary Committee shall provide appropriate staff for the Senate members and the Chairman of the House Judiciary Committee shall provide appropriate 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 and grants and gifts it receives from other sources to carry out its duties and responsibilities.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
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