View Amendment Current Amendment: JUD3667.001.DOCX to Bill 3662     The COMMITTEE ON JUDICIARY proposed the following amendment (JUD3667.001):

    Amend the bill, as and if amended, page 2, by striking lines 12-21, and inserting:

/     (C)     A person is guilty of criminal sexual conduct with a minor in the third degree if the actor is over fourteen years of age and the actor wilfully and lewdly commits or attempts to commit a lewd or lascivious act upon or with the body, or its parts, of a child under sixteen years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the actor or the child. However, a person may not be convicted of a violation of the provisions of this subsection if the person is eighteen years of age or less when the person engages in consensual lewd or lascivious conduct with another person who is at least fourteen years of age.         /

Amend the bill further, as and if amended, by adding an appropriately numbered section to read:

/     SECTION     __.     Section 16-1-60 of the 1976 Code is amended to read:

    "Section 16-1-60.     For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10); attempted murder (Section 16-3-29); assault and battery by mob, first degree, resulting in death (Section 16-3-210(B)), criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first, and second, and third degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); assault and battery of a high and aggravated nature (Section 16-3-600(B)); kidnapping (Section 16-3-910); trafficking in persons (Section 16-3-930); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); manufacturing or trafficking methamphetamine as defined in Section 44-53-375; arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); criminal domestic violence of a high and aggravated nature (Section 16-25-65); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); taking of a hostage by an inmate (Section 24-13-450); detonating a destructive device upon the capitol grounds resulting in death with malice (Section 10-11-325(B)(1)); spousal sexual battery (Section 16-3-615); producing, directing, or promoting sexual performance by a child (Section 16-3-820); lewd act upon a child under sixteen (Section 16-15-140); sexual exploitation of a minor first degree (Section 16-15-395); sexual exploitation of a minor second degree (Section 16-15-405); promoting prostitution of a minor (Section 16-15-415); participating in prostitution of a minor (Section 16-15-425); aggravated voyeurism (Section 16-17-470(C)); detonating a destructive device resulting in death with malice (Section 16-23-720(A)(1)); detonating a destructive device resulting in death without malice (Section 16-23-720(A)(2)); boating under the influence resulting in death (Section 50-21-113(A)(2)); vessel operator's failure to render assistance resulting in death (Section 50-21-130(A)(3)); damaging an airport facility or removing equipment resulting in death (Section 55-1-30(3)); failure to stop when signaled by a law enforcement vehicle resulting in death (Section 56-5-750(C)(2)); interference with traffic-control devices, railroad signs, or signals resulting in death (Section 56-5-1030(B)(3)); hit and run resulting in death (Section 56-5-1210(A)(3)); felony driving under the influence or felony driving with an unlawful alcohol concentration resulting in death (Section 56-5-2945(A)(2)); putting destructive or injurious materials on a highway resulting in death (Section 57-7-20(D)); obstruction of a railroad resulting in death (Section 58-17-4090); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."     /

Amend the bill further, as and if amended, by adding an appropriately numbered section to read:

/     SECTION     __.     Section 17-22-90(6) of the 1976 Code is amended to read:

    "(6)     if the offense is committing or attempting to commit a lewd act upon a child under the age of sixteen years pursuant to Section 16-15-140 criminal sexual conduct with a minor in the third degree pursuant to Section 16-3-655(C), agree in the agreement between the solicitor's office and the offender as provided in Section 17-22-120 to allow information about the offense to be made available to day care centers, group day care homes, family day care homes, church or religious day care centers, and other facilities providing care to children and related agencies by the State Law Enforcement Division pursuant to regulations which the State Law Enforcement Division shall promulgate; and"     /

Amend the bill further, as and if amended, by adding an appropriately numbered section to read:

/     SECTION     __.     Section 19-11-30 of the 1976 Code is amended to read:

    "Section 19-11-30.     In any trial or inquiry in any suit, action, or proceeding in any court or before any person having, by law or consent of the parties, authority to examine witnesses or hear evidence, no husband or wife may be required to disclose any confidential or, in a criminal proceeding, any communication made by one to the other during their marriage.
Notwithstanding the above provisions, a husband or wife is required to disclose any communication, confidential or otherwise, made by one to the other during their marriage where the suit, action, or proceeding concerns or is based on child abuse or neglect, the death of a child, or criminal sexual conduct involving a minor, or the commission or attempt to commit a lewd act upon a minor."             /

Amend the bill further, as and if amended, by adding an appropriately numbered section to read:

/     SECTION     __.     Section 23-3-430(C) of the 1976 Code is amended to read:

    "(C)     For purposes of this article, a person who has been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses shall be referred to as an offender:
        (1)     criminal sexual conduct in the first degree (Section 16-3-652);
        (2)     criminal sexual conduct in the second degree (Section 16-3-653);
        (3)     criminal sexual conduct in the third degree (Section 16-3-654);
        (4)     criminal sexual conduct with minors, first degree (Section 16-3-655(1) 16-3-655(A));
        (5)     criminal sexual conduct with minors, second degree (Section 16-3-655(B)). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3) 16-3-655(B)(2) provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
        (6)     criminal sexual conduct with minors, third degree (Section 16-3-655(C));
        (7)     engaging a child for sexual performance (Section 16-3-810);
        (7)(8)     producing, directing, or promoting sexual performance by a child (Section 16-3-820);
        (8)(9)     criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
        (9)(10)     incest (Section 16-15-20);
        (10)(11)     buggery (Section 16-15-120);
        (11) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
        (12)     peeping, voyeurism, or aggravated voyeurism (Section 16-17-470);
        (13)     violations of Article 3, Chapter 15 of Title 16 involving a minor;
        (14)     a person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender;
        (15)     kidnapping (Section 16-3-910) of a person eighteen years of age or older except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;
        (16)     kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
        (17)     trafficking in persons (Section 16-3-930) except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;
        (18)     criminal sexual conduct when the victim is a spouse (Section 16-3-658);
        (19)     sexual battery of a spouse (Section 16-3-615);
        (20)     sexual intercourse with a patient or trainee (Section 44-23-1150);
        (21)     criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
            (a)     persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5);
            (b)     perform a sexual activity in the presence of the person solicited (Section 16-15-342); or
        (22)     administering, distributing, dispensing, delivering, or aiding, abetting, attempting, or conspiring to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit a crime listed in Section 44-53-370(f), except petit larceny or grand larceny.
        (23)     any other offense specified by Title I of the federal Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248), the Sex Offender Registration and Notification Act (SORNA)."     /

Amend the bill further, as and if amended, by adding an appropriately numbered section to read:

/     SECTION     __.     Section 23-3-490(D) of the 1976 Code is amended to read:

    "(D)     For purposes of this article, information on a person adjudicated delinquent in family court for an offense listed in Section 23-3-430 must be made available to the public in accordance with the following provisions:
        (1)     If a person has been adjudicated delinquent for committing any of the following offenses, information must be made available to the public pursuant to subsections (A) and (B):
            (a)     criminal sexual conduct in the first degree (Section 16-3-652);
            (b)     criminal sexual conduct in the second degree (Section 16-3-653);
            (c)     criminal sexual conduct with minors, first degree (Section 16-3-655(1) 16-3-655(A));
            (d)     criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3) 16-3-655(B));
            (e)     engaging a child for sexual performance (Section 16-3-810);
            (f)     producing, directing, or promoting sexual performance by a child (Section 16-3-820);
            (g)     kidnapping (Section 16-3-910); or
            (h)     trafficking in persons (Section 16-3-930) except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense.
        (2)     Information shall only be made available, upon request, to victims of or witnesses to the offense, public or private schools, child day care centers, family day care centers, businesses or organizations that primarily serve children, women, or vulnerable adults, as defined in Section 43-35-10(11), for persons adjudicated delinquent for committing any of the following offenses:
            (a)     criminal sexual conduct in the third degree (Section 16-3-654);
            (b)     criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
            (c)     criminal sexual conduct with a minor: assaults with intent to commit (Section 16-3-656);
            (d)     committing or attempting lewd act upon child under sixteen (Section 16-15-140) criminal sexual conduct with minors, third degree (Section 16-3-655(C));
            (e)     peeping (Section 16-17-470);
            (f)     incest (Section 16-15-20);
            (g)     buggery (Section 16-15-120);
            (h)     violations of Article 3, Chapter 15 of Title 16 involving a minor, which violations are felonies; or
            (i)     indecent exposure.
        (3)     A person who is under twelve years of age at the time of his adjudication, conviction, guilty plea, or plea of nolo contendere for a first offense of any offense listed in Section 23-3-430(C) shall be required to register pursuant to the provisions of this chapter; however, the person's name or any other information collected for the offender registry shall not be made available to the public.
        (4)     A person who is under twelve years of age at the time of his adjudication, conviction, guilty plea, or plea of nolo contendere for any offense listed in Section 23-3-430(C) and who has a prior adjudication, conviction, guilty plea, or plea of nolo contendere for any offense listed in Section 23-3-430(C) shall be required to register pursuant to the provisions of this chapter, and all registry information concerning that person shall be made available to the public pursuant to items (1) and (2).
        (5)     Nothing in this section shall prohibit the dissemination of all registry information to law enforcement."         /    

Amend the bill further, as and if amended, by adding an appropriately numbered section to read:

/     SECTION     __.     Section 23-3-540 of the 1976 Code is amended to read:

    "Section 23-3-540.     (A)     Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person for committing criminal sexual conduct with a minor in the first degree, pursuant to Section 16-3-655(A)(1), or committing or attempting a lewd act upon a child under sixteen, pursuant to Section 16-15-140 criminal sexual conduct with a minor in the third degree, pursuant to Section 16-3-655(C), the court must order that the person, upon release from incarceration, confinement, commitment, institutionalization, or when placed under the supervision of the Department of Probation, Parole and Pardon Services shall be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
    (B)     Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person for any other offense listed in subsection (G), the court may order that the person upon release from incarceration, confinement, commitment, institutionalization, or when placed under the supervision of the Department of Probation, Parole and Pardon Services shall be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
    (C)     A person who is required to register pursuant to this article for committing criminal sexual conduct with a minor in the first degree, pursuant to Section 16-3-655(A)(1), or committing or attempting a lewd act upon a child under sixteen, pursuant to Section 16-15-140 criminal sexual conduct with a minor in the third degree, pursuant to Section 16-3-655(C), and who violates a term of probation, parole, community supervision, or a community supervision program must be ordered by the court or agency with jurisdiction to be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
    (D)     A person who is required to register pursuant to this article for any other offense listed in subsection (G), and who violates a term of probation, parole, community supervision, or a community supervision program, may be ordered by the court or agency with jurisdiction to be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
    (E)     A person who is required to register pursuant to this article for committing criminal sexual conduct with a minor in the first degree, pursuant to Section 16-3-655(A)(1), or committing or attempting a lewd act upon a child under sixteen, pursuant to Section 16-15-140 criminal sexual conduct with a minor in the third degree, pursuant to Section 16-3-655(C), and who violates a provision of this article, must be ordered by the court to be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
    (F)     A person who is required to register pursuant to this article for any other offense listed in subsection (G), and who violates a provision of this article, may be ordered by the court to be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
    (G)     This section applies to a person who has been:
        (1)     convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses:
            (a)     criminal sexual conduct with a minor in the first degree (Section 16-3-655(A));
            (b)     criminal sexual conduct with a minor in the second degree (Section 16-3-655(B)). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from illicit consensual sexual conduct, as contained in Section 16-3-655(B)(2), provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, then the convicted person is not required to be electronically monitored pursuant to the provisions of this section;
            (c)     criminal sexual conduct with a minor in the third degree (Section 16-3-655(C));
            (d)     engaging a child for sexual performance (Section 16-3-810);
            (d)(e)     producing, directing, or promoting sexual performance by a child (Section 16-3-820);
            (e)(f)     criminal sexual conduct: assaults with intent to commit (Section 16-3-656) involving a minor;
            (f) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
            (g)     violations of Article 3, Chapter 15 of Title 16 involving a minor;
            (h)     kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
            (i)     trafficking in persons (Section 16-3-930) of a person under eighteen years of age except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense; or
        (2)     ordered as a condition of sentencing to be included in the sex offender registry pursuant to Section 23-3-430(D) for an offense involving a minor, except that the provisions of this item may not be construed to apply to a person eighteen years of age or less who engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age as provided in Section 16-3-655(B)(2).
    (H)     The person shall be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device for the duration of the time the person is required to remain on the sex offender registry pursuant to the provisions of this article, unless the person is committed to the custody of the State. Ten years from the date the person begins to be electronically monitored, the person may petition the chief administrative judge of the general sessions court for the county in which the person was ordered to be electronically monitored for an order to be released from the electronic monitoring requirements of this section. The person shall serve a copy of the petition upon the solicitor of the circuit and the Department of Probation, Parole and Pardon Services. The court must hold a hearing before ordering the person to be released from the electronic monitoring requirements of this section, unless the court denies the petition because the person is not eligible for release or based on other procedural grounds. The solicitor of the circuit, the Department of Probation, Parole and Pardon Services, and any victims, as defined in Article 15, Chapter 3, Title 16, must be notified of any hearing pursuant to this subsection and must be given an opportunity to testify or submit affidavits in response to the petition. If the court finds that there is clear and convincing evidence that the person has complied with the terms and conditions of the electronic monitoring and that there is no longer a need to electronically monitor the person, then the court may order the person to be released from the electronic monitoring requirements of this section. If the court denies the petition or refuses to grant the order, then the person may refile a new petition every five years from the date the court denies the petition or refuses to grant the order. A person may not petition the court if the person is required to register pursuant to this article for committing criminal sexual conduct with a minor in the first degree, pursuant to Section 16-3-655(A)(1), or committing or attempting a lewd act upon a child under sixteen, pursuant to Section 16-15-140 criminal sexual conduct with a minor in the third degree, pursuant to Section 16-3-655(C).
    (I)     The person shall follow instructions provided by the Department of Probation, Parole and Pardon Services to maintain the active electronic monitoring device in working order. Incidental damage or defacement of the active electronic monitoring device must be reported to the Department of Probation, Parole and Pardon Services within two hours. A person who fails to comply with the reporting requirement of this subsection is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.
    (J)     The person shall abide by other terms and conditions set forth by the Department of Probation, Parole and Pardon Services with regard to the active electronic monitoring device and electronic monitoring program.
    (K)     The person must be charged for the cost of the active electronic monitoring device and the operation of the active electronic monitoring device for the duration of the time the person is required to be electronically monitored. The Department of Probation, Parole and Pardon Services may exempt a person from the payment of a part or all of the cost during a part or all of the duration of the time the person is required to be electronically monitored, if the Department of Probation, Parole and Pardon Services determines that exceptional circumstances exist such that these payments cause a severe hardship to the person. The payment of the cost must be a condition of supervision of the person and a delinquency of two months or more in making payments may operate as a violation of a term or condition of the electronic monitoring. All fees generated by this subsection must be retained by the Department of Probation, Parole and Pardon Services, carried forward, and applied to support the active electronic monitoring of sex offenders.
    (L)     A person who intentionally removes, tampers with, defaces, alters, damages, or destroys an active electronic monitoring device is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years. This subsection does not apply to a person or agent authorized by the Department of Probation, Parole and Pardon Services to perform maintenance and repairs to the active electronic monitoring devices.
    (M)     A person who completes his term of incarceration and the maximum term of probation, parole, or community supervision and who wilfully violates a term or condition of electronic monitoring, as ordered by the court or determined by the Department of Probation, Parole and Pardon Services is guilty of a felony and, upon conviction, must be sentenced in accordance with the provisions of Section 23-3-545.
    (N)     The Department of Corrections shall notify the Department of Probation, Parole and Pardon Services of the projected release date of an inmate serving a sentence, as described in this section, at least one hundred eighty days in advance of the person's release from incarceration. For a person sentenced to one hundred eighty days or less, the Department of Corrections shall immediately notify the Department of Probation, Parole and Pardon Services.
    (O)     When an inmate serving a sentence as described in this section is released on electronic monitoring, a victim who has previously requested notification and the sheriff's office in the county where the person is to be released must be notified in accordance with the requirements of Article 15, Chapter 3 of Title 16.
    (P)     As used in this section, 'active electronic monitoring device' means an all body worn device that is not removed from the person's body utilized by the Department of Probation, Parole and Pardon Services in conjunction with a web-based computer system that actively monitors and records a person's location at least once every minute twenty-four hours a day and that timely records and reports the person's presence near or within a prohibited area or the person's departure from a specified geographic location. In addition, the device must be resistant or impervious to unintentional or wilful damages. The South Carolina Criminal Justice Academy may offer training to officers of the Department of Probation, Parole and Pardon Services regarding the utilization of active electronic monitoring devices. In areas of the State where cellular coverage requires the use of an alternate device, the Department of Probation, Parole and Pardon Services may use an alternate device.
    (Q)     Except for juveniles released from the Department of Corrections, all juveniles adjudicated delinquent in family court, who are required to be monitored pursuant to the provisions of this article by the Department of Probation, Parole and Pardon Services, or who are ordered by a court to be monitored must be supervised, while under the jurisdiction of the family court or Board of Juvenile Parole, by the Department of Juvenile Justice. The Department of Probation, Parole and Pardon Services shall report to the Department of Juvenile Justice all violations of the terms or conditions of electronic monitoring for all juveniles supervised by the department, for as long as the family court or Juvenile Parole Board has jurisdiction over the juvenile. If the Department of Juvenile Justice determines that a juvenile has violated a term or condition of electronic monitoring, the department shall immediately notify local law enforcement of the violation." /

Amend the bill further, as and if amended, by adding an appropriately numbered section to read:

/     SECTION     __.     Section 24-3-20(B) of the 1976 Code is amended to read:

    "(B)     When the director determines that the character and attitude of a prisoner reasonably indicates that he may be trusted, he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, if the director determines that:
        (1)     the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and
        (2)     the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.
The department shall notify victims registered pursuant to Article 15, Chapter 3, Title 16 and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. However, the trial judge may waive his right to receive the notification contained in this section by notifying the department of this waiver in writing. The department has the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.
A prisoner's place of confinement may not be extended as permitted by this subsection if the prisoner:
            (a)     is currently serving a sentence for or has a prior conviction for criminal sexual conduct in the first, second, or third degree; attempted criminal sexual conduct; assault with intent to commit criminal sexual conduct; criminal sexual conduct when the victim is his legal spouse; criminal sexual conduct with a minor; committing or attempting to commit a lewd act on a child; engaging a child for sexual performance; spousal sexual battery; a harassment or stalking offense pursuant to Article 17, Chapter 3, Title 16, or a burglary offense pursuant to Section 16-11-311 or 16-11-312(B); or
            (b)     is currently serving a sentence for a violent offense as defined in Section 16-1-60, except that a prisoner serving a sentence for kidnapping, pursuant to Section 16-3-910, voluntary manslaughter, pursuant to Section 16-3-50, armed robbery, pursuant to Section 16-11-330(A), attempted armed robbery, pursuant to Section 16-11-330(B), burglary in the second degree, pursuant to Section 16-11-312(B), or carjacking, pursuant to Section 16-3-1075 may be eligible to participate in the work release programs so long as the prisoner is within three years from the date of his release from incarceration, and the prisoner is not serving a sentence involving criminal sexual conduct or other violent crime, as classified under Section 16-1-60.
        (3)     A prisoner who is serving a sentence for a 'no parole offense' as defined in Section 24-13-100 and who is otherwise eligible for work release shall not have his place of confinement extended until he has served the minimum period of incarceration as set forth in Section 24-13-125."         /

Amend the bill further, as and if amended, by adding an appropriately numbered section to read:

/     SECTION     __.     Section 24-13-710 of the 1976 Code is amended to read:

    "Section 24-13-710.     The Department of Corrections and the Department of Probation, Parole and Pardon Services shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed a violent crime as defined in Section 16-1-60, a 'no parole offense' as defined in Section 24-13-100, the crime of criminal sexual conduct in the third degree as defined in Section 16-3-654, or the crime of committing or attempting a lewd act upon a child under the age of fourteen as defined in Section 16-15-140 criminal sexual conduct with a minor in the third degree as defined in Section 16-3-655(C) to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier.
    Before an inmate may be released on supervised furlough, the inmate must agree in writing to be subject to search or seizure, without a search warrant, with or without cause, of the inmate's person, any vehicle the inmate owns or is driving, and any of the inmate's possessions by:
        (1)     any probation agent employed by the Department of Probation, Parole and Pardon Services; or
        (2)     any other law enforcement officer.
    An inmate must not be granted supervised furlough if he fails to comply with this provision. However, an inmate who was convicted of or pled guilty or nolo contendere to a Class C misdemeanor or an unclassified misdemeanor that carries a term of imprisonment of not more than one year may not be required to agree to be subject to search or seizure, without a warrant, with or without cause, of the inmate's person, any vehicle the inmate owns or is driving, or any of the inmate's possessions.
    The department and the Department of Probation, Parole and Pardon Services shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two departments shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal.
    The conditions for participation must include the requirement that the offender must permit the search or seizure, without a search warrant, with or without cause, of the offender's person, any vehicle the offender owns or is driving, and any of the offender's possessions by:
        (1)     any probation agent employed by the Department of Probation, Parole and Pardon Services; or
        (2)     any other law enforcement officer.
    However, the conditions for participation for an offender who was convicted of or pled guilty or nolo contendere to a Class C misdemeanor or an unclassified misdemeanor that carries a term of imprisonment of not more than one year may not include the requirement that the offender agree to be subject to search or seizure, without a search warrant, with or without cause, of the offender's person, any vehicle the offender owns or is driving, or any of the offender's possessions.
    By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. Immediately before each search or seizure conducted pursuant to this section, the law enforcement officer seeking to conduct the search or seizure must verify with the Department of Probation, Parole and Pardon Services or by any other means available to the officer that the individual upon whom the search or seizure will be conducted is currently on supervised furlough. A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant must be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation. If the law enforcement officer fails to report each search or seizure pursuant to this section, he is subject to discipline pursuant to the employing agency's policies and procedures.
    The cooperative agreement between the two departments shall specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program must be under the supervision of agents of the Department of Probation, Parole and Pardon Services who are responsible for ensuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program include, but are not limited to, all of the following requirements:
        (1)     maintain a clear disciplinary record for at least six months prior to consideration for placement on the program;
        (2)     demonstrate to Department of Corrections' officials a general desire to become a law-abiding member of society;
        (3)     satisfy any other reasonable requirements imposed upon him by the Department of Corrections;
        (4)     have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services;
        (5)     have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more. The Department of Corrections shall notify victims pursuant to Article 15, Chapter 3, Title 16 as well as the sheriff's office of the place to be released before releasing inmates through any supervised furlough program. These requirements do not apply to the crimes referred to in this section."         /

Amend the bill further, as and if amended, by adding an appropriately numbered section to read:

/     SECTION     __.     Section 24-19-10 of the 1976 Code is amended to read:

    "Section 24-19-10.     As used herein:
        (a)     'Department' means the Department of Corrections.
        (b)     'Division' means the Youthful Offender Division.
        (c)     'Director' means the Director of the Department of Corrections.
        (d)     'Youthful offender' means an offender who is:
            (i)     under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 63-19-1210 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of fifteen years or less;
            (ii)     seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less;
            (iii)     under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 63-19-1210 for allegedly committing burglary in the second degree (Section 16-11-312). The offender must receive and serve a minimum sentence of at least three years, no part of which may be suspended, and the person is not eligible for conditional release until the person has served the three-year minimum sentence;
            (iv)     seventeen but less than twenty-one years of age at the time of conviction for burglary in the second degree (Section 16-11-312). The offender must receive and serve a minimum sentence of at least three years, no part of which may be suspended, and the person is not eligible for conditional release until the person has served the three-year minimum sentence;
            (v)     under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 63-19-1210 for allegedly committing a lewd act upon a child pursuant to Section 16-15-140 criminal sexual conduct with a minor in the third degree pursuant to Section 16-3-655(C), and the alleged offense involved consensual sexual conduct with a person who was at least fourteen years of age at the time of the act; or
            (vi)     seventeen but less than twenty-five years of age at the time of conviction for committing a lewd act upon a child pursuant to Section 16-15-140 criminal sexual conduct with a minor in the third degree pursuant to Section 16-3-655(C), and the conviction resulted from consensual sexual conduct, provided the offender was eighteen years of age or less at the time of the act and the other person involved was at least fourteen years of age at the time of the act.
        (e)     'Treatment' means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youthful offenders; this may also include vocational and other training considered appropriate and necessary by the division.
        (f)     'Conviction' means a judgment in a verdict or finding of guilty, plea of guilty, or plea of nolo contendere to a criminal charge where the imprisonment is at least one year, but excluding all offenses in which the maximum punishment provided by law is death or life imprisonment."         /

Amend the bill further, as and if amended, by adding an appropriately numbered section to read:

/     SECTION     __.     Section 44-48-30 of the 1976 Code is amended to read:

    "Section 44-48-30.     For purposes of this chapter:
        (1)     'Sexually violent predator' means a person who:
            (a)     has been convicted of a sexually violent offense; and
            (b)     suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.
        (2)     'Sexually violent offense' means:
            (a)     criminal sexual conduct in the first degree, as provided in Section 16-3-652;
            (b)     criminal sexual conduct in the second degree, as provided in Section 16-3-653;
            (c)     criminal sexual conduct in the third degree, as provided in Section 16-3-654;
            (d)     criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1) 16-3-655(A);
            (e)     criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3) 16-3-655(B);
            (f)     criminal sexual conduct with minors in the third degree, as provided in Section 16-3-655(C);
            (g)     engaging a child for a sexual performance, as provided in Section 16-3-810;
            (g)(h)     producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;
            (h)(i)     assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;
            (i)(j)     incest, as provided in Section 16-15-20;
            (j)(k)     buggery, as provided in Section 16-15-120;
            (k) committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;
            (l)     violations of Article 3, Chapter 15 of Title 16 involving a minor when the violations are felonies;
            (m)     accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;
            (n)     attempt to commit an offense enumerated in this item as provided by Section 16-1-80; or
            (o)     any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the person's offense should be considered a sexually violent offense.
            (p)     criminal solicitation of a minor, as provided in Section 16-15-342, if the purpose or intent of the solicitation or attempted solicitation was to:
                (i)     persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5); or
                (ii)     perform a sexual activity in the presence of the person solicited.
        (3)     'Mental abnormality' means a mental condition affecting a person's emotional or volitional capacity that predisposes the person to commit sexually violent offenses.
        (4)     'Sexually motivated' means that one of the purposes for which the person committed the crime was for the purpose of the person's sexual gratification.
        (5)     'Agency with jurisdiction' means that agency which, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole and Pardon Services, the Board of Probation, Parole and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.
        (6)     'Convicted of a sexually violent offense' means a person has:
            (a)     pled guilty to, pled nolo contendere to, or been convicted of a sexually violent offense;
            (b)     been adjudicated delinquent as a result of the commission of a sexually violent offense;
            (c)     been charged but determined to be incompetent to stand trial for a sexually violent offense;
            (d)     been found not guilty by reason of insanity of a sexually violent offense; or
            (e)     been found guilty but mentally ill of a sexually violent offense.
        (7)     'Court' means the court of common pleas.
        (8)     'Total confinement' means incarceration in a secure state or local correctional facility and does not mean any type of community supervision.
        (9)     'Likely to engage in acts of sexual violence' means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.
    (10)     'Person' means an individual who is a potential or actual subject of proceedings under this act and includes a child under seventeen years of age.
    (11)     'Victim' means an individual registered with the agency of jurisdiction as a victim or as an intervenor.
    (12)     'Intervenor' means an individual, other than a law enforcement officer performing his ordinary duties, who provides aid to another individual who is not acting recklessly, in order to prevent the commission of a crime or to lawfully apprehend an individual reasonably suspected of having committed a crime."         /

Amend the bill further, as and if amended, by adding an appropriately numbered section to read:

/     SECTION     __.     Section 44-53-370(f) of the 1976 Code is amended to read:

    "(f)     It shall be unlawful for a person to administer, distribute, dispense, deliver, or aid, abet, attempt, or conspire to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit one of the following crimes against that individual:
        (1)     kidnapping, Section 16-3-910;
        (2)     trafficking in persons, Section 16-3-930;
        (3)     criminal sexual conduct in the first, second, or third degree, Sections 16-3-652, 16-3-653, and 16-3-654;
        (4)     criminal sexual conduct with a minor in the first, or second, or third degree, Section 16-3-655;
        (5)     criminal sexual conduct where victim is legal spouse (separated), Section 16-3-658;
        (6)     spousal sexual battery, Section 16-3-615;
        (7)     engaging a child for a sexual performance, Section 16-3-810;
        (8)     committing lewd act upon child under sixteen, Section 16-15-140;
        (9)(8)     petit larceny, Section 16-13-30 (A); or
        (10)(9)     grand larceny, Section 16-13-30 (B)."         /

Amend the bill further, as and if amended, by adding an appropriately numbered section to read:

/     SECTION     __.     Section 63-7-2360(B) of the 1976 Code is amended to read:

    "(B)     The placing agency must inform the foster parent in whose home the minor is placed of that minor's prior history of a sex offense. For purposes of this section the term 'sex offense' means:
        (1)     criminal sexual conduct in the first degree, as provided in Section 16-3-652;
        (2)     criminal sexual conduct in the second degree, as provided in Section 16-3-653;
        (3)     criminal sexual conduct in the third degree, as provided in Section 16-3-654;
        (4)     criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(A);
        (5)     criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(B);
        (6)     criminal sexual conduct with minors in the third degree, as provided in Section 16-3-655(C);
        (7)     engaging a child for a sexual performance, as provided in Section 16-3-810;
        (7)(8)     producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;
        (8)(9)     assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;
        (9)(10)     incest, as provided in Section 16-15-20;
        (10)(11)     buggery, as provided in Section 16-15-120;
        (11)     committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;
        (12)     violations of Article 3, Chapter 15 of Title 16 involving a child when the violations are felonies;
        (13)     accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;
        (14)     attempt to commit any of the offenses enumerated herein; or
        (15)     any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the minor's offense should be considered a sex offense."         /

    Renumber sections to conform.
    Amend title to conform.