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(1) eighty percent of the term of imprisonment imposed if the offender committed a `violent' crime as defined in Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or

(2) seventy percent of the term of imprisonment imposed if the offender is considered `nonviolent' as defined in Section 16-1-70.

(3) These percentages must be calculated without the application of earned work credits, education credits, and good time credits."

SECTION 3. The 1976 Code is amended by adding:

"Section 24-13-175. Notwithstanding another provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year."

SECTION 4. The 1976 Code is amended by adding:

"Section 24-21-560. All prisoners who commit a crime on or after July 1, 1995, must satisfactorily complete a community supervision program operated by the Department of Probation and Community Supervision. This program must last no more than two years at the sole discretion of the department. No civil liability shall attach to the department or any of its employees based on the exercise of this discretion. The court shall determine when a prisoner fails to complete this program or whether a prisoner's community supervision should be revoked. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the violations of the community supervision program. If the supervision is revoked, the prisoner shall return to prison to serve a one year sentence without any credits and then return to community supervision. All decisions made by the department or the court in dealing with community supervision are final, with no right of appeal. A convict must not be released into the community without having satisfactorily completed a period of community supervision. If the prisoner does not complete the community supervision, he must be returned to prison for one year and then placed back on community supervision until he satisfactorily complete it or his community supervision is revoked. This process will continue until the prisoner has satisfactorily completed community supervision. The prisoner must successfully complete community supervision in order to be released from

The Department of Corrections shall notify victims pursuant to Section 16-3-1530(c) and the sheriff's office of the place where the prisoner is to be released when he is released to community supervision."

SECTION 5. Title 24 of the 1976 Code is amended by adding:

Section 24-27-10. (A) There is established the South Carolina Criminal Justice Commission composed of twelve voting members as follows:

(1) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;

(2) one Circuit Court judge, appointed by the Chief Justice of the Supreme Court;

(3) 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;

(4) the Dean of the Law School of the University of South Carolina, or his designee;

(5) the South Carolina Attorney General, or his designee;

(6) a solicitor appointed by the Chairman of the South Carolina Circuit Solicitor's Association;

(7) the Director of the Victims' Assistance Network, or his designee;

(8) the Chief of the State Law Enforcement Division, or his designee;

(9) 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;

(10) the Director of the South Carolina Department of Corrections, or his designee;

(11) the Director of the Department of Probation and Community Supervision or his designee;

(12) the President of the South Carolina Jail Administrator's Association, or his designee.

(B) In addition, there are six nonvoting members of the commission as follows:

(1) three members of the Senate designated by the President Pro Tempore of the Senate;

(C) 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 only so long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and a vacancy must be filled in the manner of original appointment for the remainder of the unexpired term.

(D) The members of the commission shall elect one member to serve as chairman for a term of one year. The members of the commission also may elect additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.

Section 24-27-20. The South Carolina Criminal Justice Commission shall:

(1) serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices, and 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;

(2) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing;

(3) review and issue its opinion on criminal justice bills that have passed either the Senate or the House;

(4) study current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities. It shall make a yearly report on these matters;

(5) employ a staff director, a professional statistician, and other professional and clerical personnel upon the appropriation of sufficient funds of the General Assembly. The professional statistician and other personnel must be hired by the staff director. The duties of the staff director and the other personnel of the commission must be set by the commission.

Section 24-27-30. The commission shall receive the 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 6. Section 16-3-625 of the 1976 Code is amended to read:

"Section 16-3-625. Any A person seventeen years of age or older who resists the lawful efforts of a law enforcement officer to arrest him or her or any other another person with the use or threat of use of any a deadly weapon against the officer, when such and the person is in possession or claims to be in possession of a deadly weapon, shall be deemed is guilty of a felony and, upon conviction, shall must be punished by imprisonment for imprisoned not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall may be suspended to less than six months nor shall the persons so sentenced be eligible for parole until after service of six months. No person sentenced sentence imposed under this section for a second or subsequent offense shall have such sentence may be suspended to less than two years nor shall such person be eligible for parole until after service of two years.

As used in this section `deadly weapon' shall mean means a shotgun, rifle, pistol, or knife.

This section shall in no manner does not affect or replace the common law crime of assault and battery with intent to kill nor shall does it apply if the sentencing judge, in his discretion, elects to sentence an eligible defendant under the provisions of the `Youthful Offenders Act'."

SECTION 7. Section 16-3-1260 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:

"Section 16-3-1260. (1) Any A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article shall create creates a debt due and owing to the State by any a person found in as determined by a court of competent jurisdiction of this State, to have who has committed such the criminal act.

(2) The circuit court, when placing on probation any a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may also set the schedule or amounts of payments subject to modification based on change of circumstances.

(3) The Department of Parole and Community Corrections shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole.

(4) When a juvenile is adjudicated delinquent in a Family Court proceeding involving a crime upon which a claim under this article can be made, the Family Court, in its discretion, may order that the juvenile pay the debt to the Victim's Compensation Fund State Office of Victim

(5)(4) Payments authorized or required under this section must be paid to the Victim's Compensation Fund State Office of Victim Assistance. The Director of the Victim's Compensation Fund State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the South Carolina Office of Court Administration, and the South Carolina Board Department of Parole Probation and Community Corrections Supervision to assure that victim restitution programs are administered in an effective manner to increase payments into the Compensation Fund State Office of Victim Assistance.

(6)(5) Restitution payments to the Victim's Compensation Fund State Office of Victim Assistance may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders wages shall must not be used for this purpose if such monthly wages are at or below minimums required to purchase basic necessities."

SECTION 8. The first paragraph of Section 16-3-1530(C) of the 1976 Code, as last amended by Act 68 of 1991, is further amended to read:

"Victims and witnesses who wish to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole and Pardon Services Community Supervision their current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole and Pardon Services Community Supervision files, is privileged and must not be disclosed directly or indirectly, except between these two departments or by order of a court of competent jurisdiction. The solicitor's office which is prosecuting the case has the responsibility of the rights in this subsection, except items (6) and (7) which are the responsibility of the Department of Probation, Parole and Pardon Services Community Supervision and the Department of Corrections."

SECTION 9. Section 16-3-1530(D)(3) of the 1976 Code is amended to read:

"(3) A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge shall order restitution at every sentencing for a crime against person or property or as a condition of probation or parole, unless the court finds a substantial

SECTION 10. Section 16-3-1550(B) of the 1976 Code, as last amended by Act 579 of 1988, is further amended to read:

"(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections and to the Parole and Community Corrections Board Department of Probation and Community Supervision. Solicitors shall begin using these victim impact statements no later than January 1, 1985."

SECTION 11. Section 16-11-311 of the 1976 Code is amended to read:

"Section 16-11-311. (A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime therein in the dwelling, and either:

(1) when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:

(a) is armed with a deadly weapon or explosive; or

(b) causes physical injury to any a person who is not a participant in the crime; or

(c) uses or threatens the use of a dangerous instrument; or

(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or

(3) the entering or remaining occurs in the nighttime. (B)Burglary in the first degree is a felony punishable by life imprisonment; provided, that the. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years, provided, that no person convicted of burglary in the first degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence."

SECTION 12. Section 17-25-45 of the 1976 Code is amended to read:

"Section 17-25-45. (1) A.(A) (1) Notwithstanding any other another provision of law, any a person who has three two convictions under the laws of this State, any other another state, or the United States, for a violent crime as defined in Section 16-1-60, irrespective of whether the prisoner is considered a violent offender, except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such a violent crime, must be sentenced to life imprisonment without parole. For purposes of this section `life imprisonment' means until death.

B.(2) For the purpose of this section only, a conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.

(2)(B) The decision to invoke sentencing under subsection (1)(A) shall be is in the discretion of the solicitor. Notice must be given by the solicitor before trial."

SECTION 13. Section 24-3-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-3-20. (a)(A) Notwithstanding the provisions of Section 24-3-10, any a person convicted of an offense against the State of South Carolina and committed to the State Penitentiary at Columbia shall a state correctional facility must be in the custody of the South Carolina Department of Corrections of the State of South Carolina, and the director shall designate the place of confinement where the sentence shall must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The director may designate as a place of confinement any available, suitable, and appropriate institution or facility,

The department shall notify the trial solicitor, sheriff, judge, and victims registered pursuant to Section 16-3-1530(c) before releasing inmates on work release. The department shall have the authority to deny release based upon the opinions received.

(b)(B) When the director determines, after the minimums provided in Section 24-13-100 have been served, that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it 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, provided that the director determines that:

(1) such 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.

(c)(C) Notwithstanding the provisions of Section 24-3-10 or any other provisions of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. Provided, however, that the The department of Corrections shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate shall must be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department of Corrections shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education, and counseling. The department of Corrections shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The State Budget and Control Board

(e)(E) In the event that a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the South Carolina department of Corrections in the administration of the restitution program."

SECTION 14. Section 24-3-35 of the 1976 Code is amended to read:

"Section 24-3-35. The governing body of any a county in this State may allow prisoners under the county's jurisdiction who are housed in a county prison facility and who are serving a sentence of ninety days or less to perform litter removal functions within the county. The governing body of each county by ordinance shall be is authorized to and shall establish guidelines for such litter removal by prisoners, which. The guidelines shall must include a provision for a reduction of the sentence of the prisoners so used not to exceed a one-day reduction of the sentence for each two days of litter removal work performed. No prisoner is eligible for early release or discharge, regardless of credit received for litter removal work, until the minimum sentence requirements provided in Section 24-13-150 are met."

SECTION 15. Section 24-3-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-3-210. (A) The director may extend the limits of the place of confinement of a prisoner, as to whom where there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:

(1) contact prospective employers;

(3) obtain medical services not otherwise available;

(4) participate in a training program in the community or any other compelling reason consistent with the public interest;

(5) visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister.

(B) The director also may similarly extend the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that such the inmate will honor his trust.

(C) The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director shall be deemed is considered an escape from the custody of the director punishable as provided in Section 24-13-410."

SECTION 16. Section 24-3-410(B)(1) of the 1976 Code, as last amended by Act 19 of 1991, is further amended to read:

"(1) articles manufactured or produced by persons on parole or probation;"

SECTION 17. Section 24-13-210 of the 1976 Code, as last amended by Section 437, Act 181 of 1993, is further amended to read:

"Section 24-13-210. (a)(A) Each A prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections including those prisoners a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. However, no prisoner is entitled to a reduction below the minimums provided in Section 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good behavior credit shall be computed.

(b)(B) Each A prisoner convicted of an offense against this State and confined in a local correctional facility, or upon the public works of any county in this State, whose

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