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S*338 Session 121 (2015-2016)
S*0338(Rat #0216, Act #0201 of 2016) General Bill, By S. Martin and Bryant
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
24-13-180 SO AS TO PROVIDE THAT CERTAIN PUBLIC, PRIVATE, OR NONPROFIT ENTITIES
WHICH ARE ENGAGED IN HELPING TO REHABILITATE AND REINTRODUCE PAROLED PRISON
INMATES INTO THE COMMUNITY AND WHICH AS A PART OF THEIR PROGRAMS PROVIDE
RESIDENTIAL HOUSING IN THE COMMUNITY TO THESE PAROLEES MUST PROVIDE NOTICE IN
A NEWSPAPER OF GENERAL CIRCULATION IN THE COMMUNITIES WHERE THESE RESIDENTIAL
HOUSING FACILITIES WILL BE LOCATED, AND ALSO MUST CONDUCT PUBLIC HEARINGS
REGARDING THE PROGRAMS AND THE LOCATIONS OF THESE RESIDENTIAL HOUSING
FACILITIES IN THE COMMUNITIES WHERE THEY WILL BE LOCATED, TO PROVIDE THAT
THESE HEARINGS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT BIND THE
DECISION MAKING AUTHORITY OF THE ENTITY, AND TO PROVIDE THAT THE PROVISIONS
CONTAINED IN THIS SECTION MUST BE MET BEFORE A FACILITY MAY BE OPENED. -
ratified title
01/15/15 Senate Introduced and read first time (Senate Journal-page 19)
01/15/15 Senate Referred to Committee on Corrections and Penology
(Senate Journal-page 19)
05/04/15 Senate Committee report: Favorable Banking and Insurance
(Senate Journal-page 13)
05/05/15 Senate Read second time (Senate Journal-page 8)
05/05/15 Senate Roll call Ayes-37 Nays-0 (Senate Journal-page 8)
05/12/15 Senate Read third time and sent to House
(Senate Journal-page 17)
05/12/15 House Introduced and read first time (House Journal-page 47)
05/12/15 House Referred to Committee on Judiciary
(House Journal-page 47)
04/20/16 House Committee report: Favorable Judiciary
(House Journal-page 358)
04/26/16 House Debate adjourned until Tues., 5-3-16
(House Journal-page 147)
05/03/16 House Requests for debate-Rep(s). Robinson-Simpson,
Norman, Rutherford, Tallon, Dilliards,
Bedingfield, Gilliard, Bamberg, Ott, Kriby,
Anthony, Douglas, Knight, Jefferson, MS McLeod,
Yow, Fry, HA Crawford (House Journal-page 17)
05/04/16 House Amended (House Journal-page 26)
05/04/16 House Read second time (House Journal-page 26)
05/04/16 House Roll call Yeas-100 Nays-0 (House Journal-page 27)
05/05/16 House Read third time and returned to Senate with
amendments (House Journal-page 146)
05/19/16 Scrivener's error corrected
05/24/16 Senate Concurred in House amendment and enrolled
(Senate Journal-page 107)
05/24/16 Senate Roll call Ayes-40 Nays-0 (Senate Journal-page 107)
06/02/16 Ratified R 216
06/03/16 Signed By Governor
06/09/16 Effective date 06/03/16
06/09/16 Act No. 201
S. 338
(A201, R216, S338)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-180 SO AS TO PROVIDE THAT CERTAIN PUBLIC, PRIVATE, OR  NONPROFIT ENTITIES WHICH ARE ENGAGED IN HELPING TO REHABILITATE AND REINTRODUCE PAROLED PRISON INMATES INTO THE COMMUNITY AND WHICH AS A PART OF THEIR PROGRAMS PROVIDE RESIDENTIAL HOUSING IN THE COMMUNITY TO THESE PAROLEES MUST PROVIDE NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COMMUNITIES WHERE THESE RESIDENTIAL HOUSING FACILITIES WILL BE LOCATED, AND ALSO MUST CONDUCT PUBLIC HEARINGS REGARDING THE PROGRAMS AND THE LOCATIONS OF THESE RESIDENTIAL HOUSING FACILITIES IN THE COMMUNITIES WHERE THEY WILL BE LOCATED, TO PROVIDE THAT THESE HEARINGS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT BIND THE DECISION MAKING AUTHORITY OF THE ENTITY, AND TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION MUST BE MET BEFORE A FACILITY MAY BE OPENED.
Be it enacted by the General Assembly of the State of South Carolina:
Paroled inmate rehabilitation facilities, public hearings
SECTION 1. Article 1, Chapter 13, Title 24 of the 1976 Code is amended by adding:
"Section 24-13-180. (A) Any public, private, or nonprofit entity whose primary purpose is in helping to rehabilitate and reintroduce into the community paroled inmates and which as part of its program provides or furnishes residential housing in the community to these parolees on either an individual or communal basis must comply with the following provisions of this section in addition to all other requirements of law:
(1) The entity, at least sixty days before locating any parolees in any type of residential facility, including manufactured homes, must publish a notice in a newspaper of general circulation in the community giving the date, time, and location of the public hearing, and the address of where the residential facility will be located and post a conspicuous notice at the proposed location. A separate notice is required each time such a facility is to be opened.
(2) A public hearing must be conducted by the entity at least thirty days before the first residential facility opens in the community where all residents of the community must be given an opportunity to comment on the program and on the location of any or all of the proposed facilities which have been determined by the entity as of the date of the public hearing. The hearing is for informational purposes only and does not bind the decision-making authority of the entity. The entity solely is responsible for organizing and conducting the hearing. A separate public hearing is required each time a facility is to be opened if more than ninety days has transpired since the last public hearing.
(B) The Department of Probation, Parole and Pardon Services and its staff members are exempt from the provisions of this section. Family members or other persons providing housing to a parolee, but not operating an on-going program targeting the reintegration of parolees, are exempt from the provisions of this section.
(C) This section only applies to a county, incorporated municipality, or town where there are no zoning requirements.
(D) The provisions of this section must be complied with before a facility may be opened after the effective date of this section."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 2nd day of June, 2016.
Approved the 3rd day of June, 2016.
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