Current Status Introducing Body:Senate Bill Number:59 Primary Sponsor:Rose Committee Number:03 Type of Legislation:GB Subject:Intensive Probation Act Residing Body:Senate Current Committee:Corrections and Penology Computer Document Number:59 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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59 Senate Jan 08, 1991 Introduced and read first 03
time, referred to Committee
59 Senate Sep 10, 1990 Prefiled, referred to 03
Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-490 SO AS TO ENACT THE INTENSIVE PROBATION ACT, TO PROVIDE FOR QUALIFICATIONS OF PARTICIPANTS, TERMS OF INTENSIVE PROBATION, AND REASONS FOR EXPULSION FROM THE PROGRAM, AND TO REQUIRE THAT A PERSON WHOSE INTENSIVE PROBATION IS REVOKED IS REQUIRED TO SERVE OUT HIS TERM OF INCARCERATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-21-490. (A) This section may be known as the 'Intensive Probation Act'.
(B) A person convicted of the provisions of Article 3, Chapter 53, Title 44 who receives a probation sentence may be placed in an intensive probation program in addition to any other sentence imposed by the court.
(C) In addition to other terms or conditions of probation under Section 24-24-430, persons enrolled in an intensive probation program are required to:
(1) maintain employment or full-time student status at an approved school and make progress considered satisfactory to the probation officer, or both, or be involved in supervised job searches and community service work at least six days a week throughout his term of intensive probation;
(2) pay restitution and probation fees of not less than fifty dollars a month; probation fees must be deposited to the credit of the department;
(3) establish a place of residence at a place approved by the probation officer and not change his residence without the officer's approval;
(4) remain at his place of residence at all times except to go to work, to attend school, to perform community service, and as specifically allowed in each instance by the probation officer;
(5) allow administration of drug and alcohol tests as requested by the probation officer;
(6) perform not less than ten hours of community service each month, except that full-time students may be exempted or required to perform fewer hours of community service;
(7) enroll or make satisfactory effort to seek enrollment in a drug rehabilitation program approved by the board; and
(8) meet any other conditions imposed by the court to meet the needs of the offender and limit the risks to the community.
(D) Drug tests must be administered not less frequently than once a month.
(E) Any of the following is considered reason for revocation of intensive probation:
(1) refusal of a defendant at any time to undergo urine testing for drug usage as provided in item (5) of subsection (C);
(2) failure to successfully complete the required drug rehabilitation program;
(3) violation of any term or condition of the probation authorized by this item or of any term or condition of the applicable drug rehabilitation program;
(4) conviction of an additional offense during the term of intensive probation.
(F) A person whose intensive probation is revoked is required to serve out his term of incarceration.
(G) An action for violation under this section may be brought by a probation officer or prosecutor."
SECTION 2. This act takes effect upon approval by the Governor.