South Carolina General Assembly
123rd Session, 2019-2020

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Bill 5112

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 11, 2020

H. 5112

Introduced by Reps. Clary and Rose

S. Printed 3/11/20--H.

Read the first time February 5, 2020.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 5112) to amend Section 24-13-40, Code of Laws of South Carolina, 1976, relating to the computation of time served by a prisoner under a court-imposed, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

PETER M. MCCOY, JR. for Committee.

            

A BILL

TO AMEND SECTION 24-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPUTATION OF TIME SERVED BY A PRISONER UNDER A COURT-IMPOSED SENTENCE, SO AS TO PROVIDE A PRISONER MAY BE GIVEN FULL CREDIT AGAINST A SENTENCE FOR TIME SPENT UNDER GLOBAL POSITIONING SYSTEM (GPS) MONITORING.

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

SECTION    1.    Section 24-13-40 of the 1976 is amended to read:

"Section 24-13-40.    The computation of the time served by prisoners under sentences imposed by the courts of this State must be calculated from the date of the imposition of the sentence. However, when (a) a prisoner shall have given notice of intention to appeal, (b) the commencement of the service of the sentence follows the revocation of probation, or (c) the court shall have designated a specific time for the commencement of the service of the sentence, the computation of the time served must be calculated from the date of the commencement of the service of the sentence. In every case in computing the time served by a prisoner, full credit against the sentence must be given for time served prior to trial and sentencing, and may be given for any time spent under monitored house arrest or global positioning system (GPS) monitoring. Provided, however, that credit for time served prior to trial and sentencing shall not be given: (1) when the prisoner at the time he was imprisoned prior to trial was an escapee from another penal institution; or (2) when the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense in which case he shall not receive credit for time served prior to trial in a reduction of his sentence for the second offense."

SECTION    2.    This act takes effect upon approval by the Governor.

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