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(a)(1) The department's development, implementation, monitoring, and evaluation of statewide policies, procedures, and agreements with state agencies, such as the Departments Department of Vocational Rehabilitation, the Department of Mental Health, and the Department of Alcohol and Other Drug Abuse Services, for purposes of coordination and referral of probationers, and parolees, and community supervision releasees for rehabilitation services.

(b)(2) The department's development of specific guidelines for the vigorous monitoring of restitution orders and fines to increase the efficiency of collection and development of a systematic reporting system so as to notify the judiciary of restitution and fine payment failures on a regular basis.

(c)(3) The department's development of a program development and evaluation capability so that the department can monitor and evaluate the effectiveness of the above programs as well as to conduct research and special studies on such issues as parole outcomes, revocations and recidivism.

(d)(4) The department's development of adequate training and staff development for its employees."

SECTION 40. The second paragraph of Section 24-23-115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"The Department of Probation, Parole and Pardon Services Community Supervision shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term `public service work', and a mechanism for supervision of persons performing public service work."

SECTION 41. Section 24-23-130 of the 1976 Code, as last amended by Act 134 of 1991, is further amended to read:

"Section 24-23-130. Upon the satisfactory fulfillment of the conditions of probation or community supervision for a period of two years, the court may, with the recommendation of the agent in charge of the responsible county probation office, may terminate the probationer or supervised prisoner from supervision."

SECTION 42. Section 24-23-210(B) of the 1976 Code, as last amended by Section 41A, Part II, Act 171 of 1991, is further amended to read:

"(B) When a person is convicted, pleads guilty or nolo contendere, and is sentenced to payment of a fine or when a person forfeits bond to an offense within the jurisdiction of the court of general sessions, there is

If an offender is sentenced to probation or imprisonment and probation without the imposition of a fine, the assessment must be collected by the clerk of court as a condition of probation. If a defendant is sentenced to imprisonment and is later released to the supervision of the Department of Probation, Parole, and Pardon Services Community Supervision and has not otherwise paid the assessment, the assessment must be collected as a condition of supervision, regardless of the type of original sentence imposed.

In any court, when When sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the Victim's Compensation Fund State Office of Victim Assistance. Any A circuit court judge may waive or suspend the imposition of all or part of the assessment made under this subsection upon finding that the assessment would place severe financial hardship upon the offender or his family."

SECTION 43. The second paragraph of Section 24-23-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Assessments imposed as a condition of supervision upon release from prison as specified in Section 24-23-210 must be collected by the supervising agent who shall transmit those funds to the Department of Probation, Parole and Pardon Services Community Supervision where it must be deposited in to the State treasury Treasurer. The county treasurer, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer who shall deposit them in the state's general fund. Assessments collected by municipal courts must be paid monthly to the municipal financial officer who, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer as provided in this section. From these funds, an amount equal to one-half of the amount deposited in fiscal year 1986-87 must be appropriated to the department for the purpose of developing and operating community corrections programs. The remainder of the funds must be deposited in the Victim's Compensation Fund. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are transferred properly to the State Treasurer."

SECTION 45. The Code Commissioner is directed to change all references in the Code of Laws of South Carolina, 1976, to the "Board of Probation, Parole and Pardon Services" and the "Probation, Parole and Pardon Board" or to the "Department of Probation, Parole and Pardon Services" and the "Department of Probation, Pardon and Parole" to the "Board of Pardons" and the "Department of Probation and Community Supervision" respectively.

SECTION 46. Upon approval by the Governor, this part takes effect July 1, 1995, and applies to all crimes committed on or after that date./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McTEER moved to table the amendment.

Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Breeland         Byrd             Canty
McMahand         McTeer           Neal

Those who voted in the negative are:

Alexander, T.C.  Allison          Baker
Baxley           Brown, H.        Cato
Chamblee         Clyborne         Corning
Delleney         Elliott          Fair
Farr             Fulmer           Gamble
Gonzales         Govan            Harrell
Harris, J.       Harris, P.       Harwell
Haskins          Hodges           Houck
Hutson           Inabinett        Keegan
Kelley           Keyserling       Kinon
Klauber          Koon             Lanford
Law              Littlejohn       Marchbanks
Martin           McCraw           Meacham

Moody-Lawrence   Phillips         Richardson
Robinson         Rogers           Sheheen
Simrill          Smith, R.        Spearman
Stille           Stoddard         Stone
Trotter          Tucker           Vaughn
Waites           Waldrop          Walker
Wells            Wilkins          Wofford
Worley           Wright           Young, A.
Young, R.

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. ROGERS proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\N05\7952BDW.94), which was adopted.

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

/SECTION __. A. Section 20-7-2205, as last amended by Acts 131 and 181 of 1993, of the 1976 Code is further amended to read:

"Section 20-7-2205. A child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, including a child who has been found in contempt of court for violation of a court order related to the violation or misconduct or a child who violates the conditions of probation for an offense, must not be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department."

B. The 1976 Code is amended by adding:

"Section 20-7-2207. (A) The Department of Juvenile Justice shall develop and implement an alternative residential program for status offenders and juveniles found in contempt of court for violation of a court order issued for a status offense. This program must comply with Section 20-7-2205, and juveniles in the program must be maintained in facilities and have supervision and programming that meets Medicaid management group home standards. However, juveniles in the residential program must not be placed in facilities with other group home populations.

(C) Appropriate educational programs must be provided to the program clients.

(D) A juvenile who successfully completes the residential program must be transferred to the juvenile's home community for intensive community supervision by the Department of Juvenile Justice which must include weekly face to face supervisory sessions and telephone contacts as needed. In preparation for transfer to the intensive community program, the residential program clinical staff shall collaborate with the Department of Juvenile Justice staff to formulate community treatment plans containing supervisory and treatments goals, objectives, and interventions.

(E) A juvenile who fails to comply with the community treatment plan must be returned to the residential program and must remain at the facility for the duration of the placement."

C. This section takes effect upon approval by the Governor, except subsection B takes effect subject to the General Assembly appropriating sufficient funds to carry out its provisions./

Renumber sections to conform.

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Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. LANFORD proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\PT\1352DW.94), which was adopted.

Amend the bill, as and if amended, page 26, line 16, by striking /wedding bands and/ and striking after /value/ /$35.00/ and inserting /of $35.00 and wedding bands/.

Amend the bill further, page 27, line 34, inserting after /system/ /, except prisoners on work release or in other community based programs/.

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

Rep. CLYBORNE proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\DKA\3445DW.94), which was adopted.

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

"Section 24-13-100. Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:

(1) eighty percent of the term of imprisonment imposed if the prisoner committed a `violent' crime as defined under 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 prisoner is considered `nonviolent' as defined under Section 16-1-70."

SECTION __. The 1976 Code is amended by adding:

"Section 24-13-150. (A) Notwithstanding another provision of law, a prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision until the prisoner has served:

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

(B) The percentages in subsection (A) must be calculated without the application of earned work credits, education credits, and good time credits."/

Renumber sections to conform.

Amend title to conform.

Rep. CLYBORNE explained the amendment.

The amendment was then adopted.

Rep. CLYBORNE proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\N05\7955DW.94), which was adopted.

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

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

"Section 17-25-45. (1)A. Notwithstanding any other provision of law, any person who has three convictions under the laws of this State, any other state, or the United States, for a violent crime as defined in Section

(2) The decision to invoke sentencing under subsection (1) shall be in the discretion of the solicitor.

(A) As used in this section:

(1) `Most serious offense' means:

(a) those felonies enumerated in Section 16-1-90(A);

(b) those felonies enumerated in Section 16-1-60(A) not referenced in Section 16-1-90(A);

(c) any federal or out-of-state conviction for an offense which would be classified as a felony offense under subitems (a) and (b) above.

Most serious offense does not include a conviction or entry of a plea of guilty or nolo contendere occurring before January 1, 1980, for the purpose of sentencing under this section.

(2) `Serious offense' means:

(a) an offense within the jurisdiction of general sessions court, except traffic offenses listed in Chapter 5, Title 56, but not excepting those in Article 23, Chapter 5, Title 56 of the 1976 Code;

(b) any federal or out-of-state conviction for an offense which would be within the jurisdiction of general sessions court had the charges been brought in the courts of this State, except traffic offenses listed in Chapter 5, Title 56, but not excepting those in Article 23, Chapter 5, Title 56 of the 1976 Code.

Serious offense does not include a conviction or entry of a plea of guilty or nolo contendere occurring before January 1, 1980, for the purpose of sentencing under this section.

(3) `Two or more prior convictions' means the defendant has been convicted of or entered a plea of guilty or nolo contendere to a most serious offense on at least two separate occasions before the instant adjudication.

(4) `Four or more prior convictions' means the defendant has been convicted of or entered a plea of guilty or nolo contendere to a serious offense on at least four separate occasions before the instant adjudication.

(G) The provisions of this section do not apply if the mandatory minimum sentence for the instant adjudication under other provisions of the law would exceed the provisions of this section."/

Renumber sections to conform.

Amend title to conform.

Rep. CLYBORNE explained the amendment.

Rep. HODGES spoke against the amendment.

Rep. CLYBORNE spoke in favor of the amendment.

The amendment was then adopted by a division vote of 64 to 19.

Amend the bill, as and if amended, by adding an apprpriately numbered SECTION to read:

SECTION____. Section 14-7-1110 of the 1976 Code, as last amended by Act 10 of 1987, is further amended to read:

"Section 14-7-1110. Any A person who is arraigned for the crime of murder, manslaughter, burglary, arson, criminal sexual conduct, armed robbery, grand larceny, or breach of trust when it is punishable as for grand larceny, perjury, or forgery is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding five ten. Any A person who is indicted for any crime or offense other than those enumerated above has the right to peremptory challenges not exceeding five, and the State in these cases is entitled to peremptory challenges not exceeding five. No right to stand aside jurors is allowed to the State in any case whatsoever. In no case where there is more than one defendant jointly tried are more than twenty peremptory challenges allowed in all to the defendants, and in misdemeanors when there is more than one defendant jointly tried no more than ten peremptory challenges are allowed in all to the defendants. In felonies when there is more than one defendant jointly tried the State has ten challenges."

Renumber sections to conform.

Amend title to conform.

Rep. CLYBORNE explained the amendment.

Rep. HODGES raised the Point of Order that Amendment No. 17 was out of order as it was not germane.

Rep. CLYBORNE argued contra the Point in stating that the amendment was merely amending another section of Section 14, which was comprehensive throughout the amendment.

The SPEAKER stated that it was in Title 14, but it had a number of chapters in it and nothing in any of the other ones dealt with Chapter 7, which was what this dealt with and he sustained the Point of Order and ruled the amendment out of order.

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

/SECTION ____. Section 17-27-60 of the 1976 Code is amended to read:

"Section 17-27-60. If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing and legal services, these costs and expenses shall must be made available to the applicant in the trial court, and on review, in amounts and to the extent funds are made available to indigent defendants by the General Assembly. Notwithstanding other provisions of law, costs of representation or attorney fees for proceedings under this section may not be provided to indigent defendants."/

Renumber sections to conform.

Amend title to conform.

Rep. CLYBORNE explained the amendment.

The amendment was then adopted.

Rep. CLYBORNE proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\N05\7954DW.94), which was adopted.

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

/SECTION ____. Section 16-3-26(E) of the 1976 Code, as added by Section 45, Part II, Act 164 of 1993, is amended to read:

"(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant. The county in which the trial was heard must be a party at the hearing."/

Renumber sections to conform.

Amend title to conform.

Rep. CLYBORNE explained the amendment.

The amendment was then adopted.

Reps. DELLENEY and HODGES proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\\30255DW.94), which was adopted.

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

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