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COMMITTEE REPORT
March 29, 2007
S. 274
Introduced by Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott
S. Printed 3/29/07--S. [SEC 3/30/07 1:11 PM]
Read the first time January 16, 2007.
To whom was referred a Bill (S. 274) to amend Chapter 21, Title 24, Code of Laws of South Carolina, 1976, relating to the Department of Corrections, by adding Article 13 so as to allow the department, 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, Section 24-21-1330, as contained in SECTION 1, page 3, by deleting Section 24-21-1330 and inserting:
/Section 24-21-1330. The pilot project day reporting center program terminates twelve months from its opening, unless extended by the General Assembly. /
Amend the title of the bill, as and if amended, on page 1, by deleting lines 11 through 15, and inserting:
/ TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES OR OFFENDERS. /
Renumber sections to conform.
Amend title to conform.
MICHAEL L. FAIR for Committee.
EXPLANATION OF IMPACT:
Department of Probation, Parole and Pardon Services
Cost estimates are based on the Community Control Center (CCC) program administered by the department at its four regional restitution centers. The Day Reporting Centers would have programming similar to CCC without the requirement for bed space. The impact on the General Fund of the State depends on the number of day centers established. Cost associated with four centers is estimated at $908,038 the first year and $867,014 annually thereafter. This would include eight additional Offender Intervention Counselors and office space for educational and counseling programs. Cost associated with forty-six centers (one in each county) is estimated at $8,379,533 the first year and $8,121,033 annually thereafter. This estimate includes the addition of fifty additional Offender Intervention Counselors.
Both estimates above assume PP&P would be responsible for transportation of offenders. Transportation costs associated with the four centers is estimated at $253,000 annually to include drivers' salaries and van rental. Cost estimates for transportation associated with forty-six centers are estimated at $2,914,000. Excluding a transportation component first year cost for four centers can be estimated at $655,038 while first year costs for forty-six centers could be estimated at $5,465,533. However, the absence of transportation services may impact offender attendance requirements at the centers.
Department of Corrections
The department indicates this bill will have a savings on the General Fund of the State, but is unable to determine the reduction in inmate population which would generate this savings. The Department of Corrections estimates variable cost at $3,200 per inmate. Cost savings at the department may or may not be enough to offset the additional cost at PP&P.
Approved By:
Don Addy
Office of State Budget
TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES.
Be it enacted by the General Assembly of the State of South Carolina:
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) an A, B, C, or D felony, as provided for in Section 16-1-20;
(3) an unclassified crime which carries a maximum term of imprisonment of ten years or more, as provided for in Section 16-1-10(d); or
(4) 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) an A, B, C, or D felony, as provided for in Section 16-1-20;
(3) an unclassified crime which carries a maximum term of imprisonment of ten years or more, as provided for in Section 16-1-10(d); or
(4) a crime which required 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 or counseling programs 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 day reporting center program terminates June 30, 2010, unless extended by the General Assembly."
SECTION 2. This act takes effect upon the signature of the Governor and implemented upon the appropriations of sufficient funds by the General Assembly.
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