H*3704 Session 108 (1989-1990)
H*3704(Rat #0231, Act #0152 of 1989) General Bill, By Wilkins, M.O. Alexander,
R.A. Barber, D.M. Beasley, L.E. Bennett, H. Brown, R.B. Brown, T.M. Burriss,
H.H. Clyborne, K.S. Corbett, R.S. Corning, Davenport, Fair, E.M. Fant,
L.E. Gentry, P.B. Harris, Harvin, Haskins, Hayes, J.C. Hearn, B.L. Hendricks,
J.H. Hodges, T.E. Huff, M.F. Jaskwhich, J.W. Johnson, R.O. Kay, Keegan,
W.P. Keesley, R.A. Kohn, Littlejohn, S.G. Manly, T.T. Mappus, Martin,
J.G. McAbee, R.N. McLellan, D.A. Moss, J. Rama, J.I. Rogers, T.F. Rogers,
I.K. Rudnick, J.W. Tucker, Vaughn, C.C. Wells, J.B. Wilder, D.E. Winstead and
S.S. Wofford
A Bill to amend Title 24, Code of Laws of South Carolina, 1976, by adding
Chapter 26 so as to establish the South Carolina Sentencing Guidelines
Commission and provide for its membership, powers, duties, functions, and
responsibilities.-amended title
03/16/89 House Introduced and read first time HJ-15
03/16/89 House Referred to Committee on Judiciary HJ-16
04/19/89 House Committee report: Favorable Judiciary HJ-4
04/25/89 House Debate adjourned until Wednesday, April 26, 1989 HJ-7
04/26/89 House Read second time HJ-14
04/27/89 House Read third time and sent to Senate HJ-13
05/02/89 Senate Introduced and read first time SJ-12
05/02/89 Senate Referred to Committee on Judiciary SJ-12
05/11/89 Senate Committee report: Favorable with amendment
Judiciary SJ-29
05/15/89 Senate Amended SJ-10
05/15/89 Senate Read second time SJ-11
05/15/89 Senate Ordered to third reading with notice of
amendments SJ-11
05/31/89 Senate Amended SJ-49
05/31/89 Senate Read third time and returned to House with
amendments SJ-51
06/01/89 House Concurred in Senate amendment and enrolled HJ-14
06/02/89 Ratified R 231
06/05/89 Signed By Governor
06/05/89 Effective date 06/05/89
06/05/89 Act No. 152
06/15/89 Copies available
(A152, R231, H3704)
AN ACT TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
CHAPTER 26 SO AS TO ESTABLISH THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION
AND PROVIDE FOR ITS MEMBERSHIP, POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES.
Whereas, the General Assembly previously established a Sentencing Guidelines
Commission; and
Whereas, as a result of diligent and time consuming endeavors and the expenditure
of funds by the members of the commission, the Sentencing Guidelines Commission
reached a number of conclusions; and
Whereas, the conclusions reached by the Sentencing Guidelines Commission were
well reasoned and rational conclusions; and
Whereas, the General Assembly finds it is in the interest of economy of efforts
and finances to use the conclusions of the previous State and Federal Sentencing
Guidelines Commission as a starting point for the next Sentencing Guidelines
Commission's use; and
Whereas, the General Assembly finds that the following conclusions of the
previous Sentencing Guidelines Commission should be adopted; and
Whereas, the conclusions of the previous Sentencing Guidelines Commission are
that the provisions governing the sentencing of a person convicted of a crime
should prescribe sanctions that:
(1) assure just punishment that is commensurate with the seriousness of the
criminal conduct, taking into account attendant circumstances that may aggravate
or mitigate the culpability of the offender;
(2) deter criminal conduct;
(3) provide for punishment that is necessary to hold the offender accountable
for the crime and promote respect for the law;
(4) assist the offender, when feasible, toward rehabilitation and restoration
to the community as a lawful citizen;
(5) confine the serious offender so as to remove and restrain him from further
criminal acts when such confinement is in the interest of public protection; and
(6) are understandable and clear to the offender, the victim, and the
community.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
SECTION 1. The General Assembly declares that the development of a rational and
sound sentencing structure is in the best interest of South Carolina and has
determined to create an independent commission to prescribe and promulgate
advisory sentencing guidelines.
Sentencing Guidelines Commission established
SECTION 2. Title 24 of the 1976 Code is amended by adding:
"CHAPTER 26
South Carolina Sentencing
Guidelines Commission
Section 24-26-10. (A) There is established the South Carolina Sentencing
Guidelines Commission composed of thirteen voting members as follows:
(1) a justice of the Supreme Court, appointed by the Chief Justice of the
Supreme Court;
(2) two circuit court judges, appointed by the Chief Justice of the Supreme
Court;
(3) three members of the Senate to be designated by the chairman of the
Senate Judiciary Committee;
(4) three members of the House Judiciary Committee designated by the
chairman of the committee;
(5) an attorney, experienced in the practice of criminal law, appointed by
the Governor from a list of candidates submitted by the President of the South
Carolina Bar;
(6) the Dean of the Law School of the University of South Carolina or his
designee;
(7) the South Carolina Attorney General, or his designee, to serve ex
officio;
(8) a solicitor appointed by the Chairman of the South Carolina Circuit
Solicitors' Association.
(B) In addition, there are four nonvoting members of the commission as
follows:
(1) the Chief of the State Law Enforcement Division, or his designee, to
serve ex officio;
(2) the Chairman of the Commission on Appellate Defense, or his designee who
must be a member of that commission or who must be the director of the
commission;
(3) the Chairman of the State Board of Corrections, or his designee who must
be a member of that board or who must be the Commissioner of the Department of
Corrections;
(4) the Chairman of the Board of the Department of Probation, Parole and
Pardon Services, or his designee who must be a member of that board or who must
be the Commissioner or Executive Director of the Department of Probation, Parole
and Pardon Services.
The appointed members of the commission shall serve for a term of four years.
The members of the commission who are designated to serve by a particular person
or official shall serve at the pleasure of that person or official making the
designation and also only so long as the designated member holds the official
position entitling him to membership on the commission. Members are eligible for
reappointment, and any vacancy must be filled in the manner of original
appointment for the remainder of the unexpired term.
The members of the commission shall elect one member to serve as chairman for
a term of one year. The members of the commission may also elect any additional
officers they consider necessary for the efficient discharge of their duties.
Members are eligible for reelection as officers of the commission.
Section 24-26-20. The South Carolina Sentencing Guidelines Commission has the
following duties and responsibilities:
(1) The commission shall prescribe, on or before one year after the effective
date of this chapter, advisory sentencing guidelines for the general sessions
courts for all offenses for which a term of imprisonment of greater than one year
is allowed.
(2) The advisory guidelines prescribed by the commission shall establish:
(a) the circumstances under which imprisonment of an offender is proper;
(b) a range of fixed sentences for offenders for whom imprisonment is
proper, based on each appropriate combination of reasonable offense and offender
characteristics;
(c) a determination whether multiple sentences to terms of imprisonment
should be ordered to run concurrently or consecutively.
(3) In establishing the advisory sentencing guidelines, the commission shall
take into consideration current sentence and release practices and correctional
resources, including, but not limited to, the capacities of local and state
correctional facilities.
(4) The commission may also establish appropriate advisory sentencing
guidelines for the general sessions courts for all offenses for which a term of
imprisonment of one year or less is allowed.
(5) The commission may also establish appropriate advisory guidelines for
offenders for whom traditional imprisonment is not considered proper. Any
advisory guidelines promulgated by the commission for offenders for whom
traditional imprisonment is not considered proper must make specific reference
to noninstitutional sanctions.
(6) The commission, in addition to establishing advisory sentencing
guidelines, shall serve as a clearing house and information center for the
collection, preparation, analysis, and dissemination of information on state and
local sentencing practices, and shall conduct ongoing research regarding
sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea
bargaining, and other matters relating to the improvement of the criminal justice
system. The commission shall make, from time to time, recommendations to the
General Assembly regarding changes in the criminal code, criminal procedures, and
other aspects of sentencing.
(7) The commission may employ a staff director and other professional and
clerical personnel upon the appropriation of sufficient funds by the General
Assembly. The duties of the staff director and the other personnel of the
commission must be set by the commission.
Section 24-26-30. The commission shall receive that funding as may be provided
by the General Assembly, and the commission is authorized to expend federal funds
and grants and gifts it may receive from other sources for the purpose of
carrying out its duties and responsibilities.
Section 24-26-40. The commission, by vote of a majority of the membership, has
the power to establish general policies.
The advisory guidelines prescribed and promulgated pursuant to Section 24-26-20
must be approved by Joint Resolution of the General Assembly.
Section 24-26-50. The commission shall recommend to the General Assembly a
classification system based on maximum term of imprisonment for all South
Carolina criminal offenses. Thereafter, the commission shall make, from time to
time, recommendations to the General Assembly regarding changes in the
classification system."
Due date of classification system recommendation
SECTION 3. The classification system which the commission is required to
recommend to the General Assembly must be recommended by December 1, 1990.
Time effective
SECTION 4. This act takes effect upon approval by the Governor. |