Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
Page Finder Index
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Printed Page 160, Jan. 10
| Printed Page 180, Jan. 10
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Printed Page 170 . . . . . Tuesday, January 10,
1995
H. 3158 -- Reps. Quinn, Robinson and Harrell: A BILL TO AMEND
SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
OFFICERS AND EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE,
SO AS
TO EXEMPT EMPLOYEES OF THE OFFICE OF THE LIEUTENANT GOVERNOR, AND TO EXEMPT
IN
THE OFFICES OF OTHER STATEWIDE CONSTITUTIONAL OFFICE EMPLOYEES APPOINTED BY
THE
OFFICER AT OR ABOVE THE ORGANIZATIONAL LEVEL OF ASSISTANT DIRECTORS OF
INDIVIDUAL PROGRAM COMPONENTS.
Referred to Committee on Judiciary.
H. 3159 -- Reps. Inabinett, L. Whipper, Meacham, Lloyd and Jennings: A BILL TO
AMEND SECTION 16-3-654, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO PROVIDE A PERSON IS
GUILTY
OF THIS OFFENSE IF HE IS A PUBLIC PRIMARY OR SECONDARY SCHOOL EMPLOYEE WHO
COMMITS SEXUAL BATTERY WITH A STUDENT ON SCHOOL PROPERTY OR DURING
SCHOOL-RELATED ACTIVITIES, AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 3160 -- Reps. Hutson, Walker, Keyserling, Simrill, Meacham, Robinson, Lloyd
and Richardson: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT
BEGINNING WITH ITS 1996 SESSION FOR THE ENSUING TWO FISCAL YEARS, THE GENERAL
ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATIONS ACT, AND TO
REQUIRE
THE GOVERNOR AND THE GENERAL ASSEMBLY INCLUDING ITS APPROPRIATE COMMITTEES
TO
USE A "ZERO-BASE" BUDGET PROCESS IN THE PREPARATION OF THE BIENNIAL
STATE GENERAL APPROPRIATIONS ACT.
Referred to Committee on Ways and Means.
H. 3161 -- Rep. Littlejohn: A BILL TO AMEND ACT 388 OF 1969, AS AMENDED,
RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG
COUNTY,
Printed Page 171 . . . . . Tuesday, January 10,
1995
SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO
FIVE.
Referred to Spartanburg Delegation.
H. 3162 -- Reps. Fulmer, Simrill, L. Whipper, Inabinett, Kelley and Walker: A
BILL TO AMEND SECTION 59-67-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO SALARIES OF DRIVERS OF STATE-OWNED SCHOOL BUSES, SO AS TO PROVIDE THAT
AMOUNTS APPROPRIATED FOR THESE SALARIES MUST BE USED ONLY FOR THIS PURPOSE,
TO
PROHIBIT THE REDUCTION OF THESE SALARIES IN ANY ACROSS-THE-BOARD OR OTHER
REDUCTION REQUIRED BY THE STATE BUDGET AND CONTROL BOARD DURING A FISCAL
YEAR,
AND TO PROVIDE THAT LOCAL SUPPLEMENTS TO SALARIES OF SCHOOL BUS DRIVERS FOR
ANY
YEAR SHALL NOT BE REDUCED BELOW THE SUPPLEMENTS PAID IN THE PRIOR FISCAL
YEAR.
Referred to Committee on Ways and Means.
H. 3163 -- Reps. Wilkins, Allison, Baxley, H. Brown, J. Brown, Cato,
Cobb-Hunter, Cooper, Cromer, Davenport, Fulmer, Hallman, Harrell, P. Harris,
Harrison, Herdklotz, Inabinett, Jennings, Keegan, Keyserling, Kinon, Knotts,
Marchbanks, Meacham, Richardson, Robinson, Sharpe, Simrill, D. Smith, R. Smith,
Stuart, Tripp, Vaughn, Waldrop, Walker, Wells, Whatley, Wilder, Wilkes,
Witherspoon, Wofford, A. Young, J. Young, Klauber, Stille, Fleming, Kelley, Law,
Haskins, Gamble, Stuart, Phillips, Rice, Cain, Spearman, Lloyd, Riser, Seithel
and Cotty: A BILL TO ENACT THE CHILD SUPPORT ENFORCEMENT ACT OF 1995 BY
AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-380
SO AS TO REQUIRE CLERKS OF COURT TO PROVIDE THE DEPARTMENT OF SOCIAL SERVICES
WITH A VERIFIED REPORT OF INDIVIDUALS WHO ARE MORE THAN NINETY DAYS IN
ARREARS
IN PAYING CHILD SUPPORT; BY AMENDING TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE
3 BY ADDING PART II SO AS TO PROVIDE FOR THE SUSPENSION OF BUSINESS,
OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVER'S LICENSES, AND MOTOR VEHICLE
REGISTRATIONS WHEN AN INDIVIDUAL IS MORE THAN NINETY DAYS IN ARREARS IN PAYING
CHILD SUPPORT; BY ADDING SECTION 20-7-936 SO AS TO REQUIRE EMPLOYERS TO PROVIDE
EMPLOYEE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR USE IN
ESTABLISHING, ENFORCING,
Printed Page 172 . . . . . Tuesday, January 10,
1995
AND COLLECTING CHILD SUPPORT; BY ADDING SECTION 20-7-938 SO AS
TO AUTHORIZE NEWSPAPERS TO PUBLISH THE NAMES OF SUPPORT OBLIGORS WHO ARE IN
ARREARS IN PAYING SUPPORT AND TO PROVIDE IMMUNITY FROM LIABILITY; BY AMENDING
SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT
SO AS TO INCLUDE THE AUTHORITY TO HAVE SUSPENDED THE DRIVER'S LICENSE AND THE
MOTOR VEHICLE REGISTRATION OF AN INDIVIDUAL WHO IS MORE THAN NINETY DAYS IN
ARREARS IN PAYING CHILD SUPPORT; AND TO DESIGNATE SECTIONS 20-7-840 THROUGH
20-7-938 AS PART I OF TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 AND TO NAME
THIS PART "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT."
Referred to Committee on Judiciary.
H. 3164 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter,
Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell,
Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts,
Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer,
Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker,
Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Simrill, Stille,
Fleming, Kelley, Haskins, Witherspoon, Cain, Baxley, Lloyd and Cotty: A JOINT
RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION
OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO
PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING
TIMES
IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL
SESSION
FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE
FOR
ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR
THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR
CERTAIN COMMITTEE MEETINGS.
Referred to Committee on Judiciary.
Printed Page 173 . . . . . Tuesday, January 10,
1995
H. 3165 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato,
Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison,
Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon,
Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson,
Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn,
Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Klauber,
Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Hines, Stuart,
Baxley, Lloyd, Clyburn and Cotty: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO
AS
TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY
FROM
THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN
ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE
APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE
DATE
OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY
AFTER
MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE
THE BILL THIRD READING.
Referred to Committee on Judiciary.
H. 3166 -- Reps. Wilkins, Allison, Bailey, Baxley, H. Brown, Cato, Cooper,
Cromer, Davenport, Delleney, Fulmer, Gamble, Hallman, Harrell, P. Harris,
Harrison, Harvin, Herdklotz, Huff, Hutson, Jennings, Keegan, Keyserling, Kinon,
Knotts, Limbaugh, Littlejohn, Marchbanks, Martin, McKay, Meacham, Neilson,
Quinn, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Simrill, D. Smith,
R. Smith, Stuart, Townsend, Tripp, Tucker, Vaughn, Waldrop, Walker, Wells,
Whatley, Wofford, A. Young, J. Young, Fair, Klauber, Cotty, Kirsh, Stille,
Fleming, J. Harris, Kelley, Law, Haskins, Witherspoon, Cain, Rice, Mason,
Shissias, Riser, Seithel and Phillips: A BILL TO AMEND THE CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-100 SO AS TO PROVIDE THE
CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE; BY
ADDING
SECTION 24-13-150 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME
ELIGIBLE FOR EARLY RELEASE; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT
SENTENCES IMPOSED AND TIME SERVED BE COMPUTED BASED UPON A THREE HUNDRED
AND
Printed Page 174 . . . . . Tuesday, January 10,
1995
SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO AS TO
PROVIDE ALL PERSONS WHO COMMIT A CRIME SATISFACTORILY COMPLETE A COMMUNITY
SUPERVISION PROGRAM BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, TO
REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE DEPARTMENT OF PROBATION
AND
COMMUNITY SUPERVISION OF AN INMATE'S PROJECTED RELEASE DATE, AND TO REQUIRE
THE
DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION TO NOTIFY VICTIMS AND THE
LOCAL SHERIFF'S OFFICE OF THE PLACE WHERE THE INMATE IS TO BE RELEASED WHEN HE
IS PLACED IN COMMUNITY SUPERVISION; TO AMEND SECTIONS 1-30-10 AND 1-30-85,
RELATING TO DEPARTMENTS RESTRUCTURED WITHIN THE EXECUTIVE BRANCH OF STATE
GOVERNMENT, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PROBATION, PARDON
AND
PAROLE TO THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION,
RESPECTIVELY;
TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE SEPARATE SENTENCING
PROCEEDING TO DETERMINE WHETHER A SENTENCE SHOULD BE DEATH OR LIFE
IMPRISONMENT
FOR A PERSON CONVICTED OF MURDER, SO AS TO REVISE THE TERMS OF IMPRISONMENT;
TO
AMEND SECTION 16-3-625, RELATING TO RESISTING ARREST WITH A DEADLY WEAPON, SO
AS
TO CHANGE THE PENALTY; TO AMEND SECTION 16-3-1260, RELATING TO THE
REIMBURSEMENT
OF THE STATE BY A CONVICTED PERSON FOR PAYMENT FROM THE VICTIM'S
COMPENSATION
FUND, SO AS TO ELIMINATE THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS'
RIGHT TO MAKE PAYMENT OF THE DEBT OR A PORTION OF THE DEBT A CONDITION OF
PAROLE, TO SUBSTITUTE "STATE OFFICE OF VICTIM ASSISTANCE" FOR
"VICTIM'S COMPENSATION FUND" AND TO SUBSTITUTE "SOUTH CAROLINA
DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "SOUTH
CAROLINA
BOARD OF PAROLE AND COMMUNITY CORRECTIONS"; TO AMEND SECTION 16-3-1530,
AS
AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO SUBSTITUTE
"DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", TO ALLOW THE
DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE
Printed Page 175 . . . . . Tuesday, January 10,
1995
DEPARTMENT OF CORRECTIONS TO DISCLOSE BETWEEN THE TWO
DEPARTMENTS INFORMATION PROVIDED TO VICTIMS AND WITNESSES, AND TO ELIMINATE
RESTITUTION AS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED,
RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO SUBSTITUTE THE
"DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR THE
"PAROLE AND COMMUNITY CORRECTIONS BOARD"; TO AMEND SECTION 16-11-311,
RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO ELIMINATE PAROLE FOR THE
COMMISSION OF THE CRIME; TO AMEND SECTION 17-25-45, RELATING TO A SOLICITOR'S
DISCRETION TO INVOKE A LIFE SENTENCE FOR A PERSON CONVICTED THREE TIMES FOR
CERTAIN CRIMES, SO AS TO REDUCE THE NUMBER OF CRIMES TO TWO IRRESPECTIVE OF
WHETHER THE PRISONER IS CONSIDERED A VIOLENT OFFENDER, TO DEFINE "LIFE
IMPRISONMENT", AND REQUIRE THE SOLICITOR TO GIVE NOTICE OF HIS DECISIONS TO
INVOKE SENTENCING UNDER THIS PROVISION BEFORE TRIAL; TO AMEND SECTION 24-3-20,
AS AMENDED, RELATING TO A PRISONER'S PLACE OF CONFINEMENT, SO AS TO SUBSTITUTE
"STATE CORRECTIONAL FACILITY" FOR "STATE PENITENTIARY"; TO
ALLOW AN INMATE'S SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE RENDERED
IN
ANOTHER STATE OR A SENTENCE RENDERED ON THE FEDERAL LEVEL, TO REQUIRE THE
DEPARTMENT OF CORRECTIONS TO NOTIFY THE SOLICITOR, SHERIFF, JUDGE, AND
REGISTERED VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, AND TO ALLOW
THE
DEPARTMENT TO DENY WORK RELEASE BASED ON OPINIONS RECEIVED FROM THESE
INDIVIDUALS; TO AMEND SECTION 24-3-35, RELATING TO THE USE OF COUNTY PRISONERS
FOR LITTER REMOVAL, SO AS TO MODIFY THE NUMBER OF DAYS A SENTENCE MAY BE
REDUCED
FOR LITTER REMOVAL WORK PERFORMED AND PROVIDE CONDITIONS FOR EARLY RELEASE
OR
DISCHARGE; TO AMEND SECTION 24-3-210, AS AMENDED, RELATING TO FURLOUGHS, SO AS
TO REDUCE THE NUMBER OF INSTANCES IN WHICH AN INMATE MAY LEAVE A
CONFINEMENT
FACILITY UNACCOMPANIED; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE
SALE OF PRISON-MADE PRODUCTS, SO AS TO ELIMINATE THE TERM "PAROLE"; TO
AMEND SECTION 24-13-210, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR
GOOD
Printed Page 176 . . . . . Tuesday, January 10,
1995
BEHAVIOR, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING GOOD
BEHAVIOR CREDITS, TO NOT ALLOW A REDUCTION IN SENTENCE BELOW CERTAIN
MINIMUMS,
TO ELIMINATE AN INMATE'S ABILITY TO HAVE SERVED A FULL SENTENCE WHEN HE HAS
SERVED THE TERM FOR WHICH HE WAS SENTENCED, LESS CREDIT FOR GOOD BEHAVIOR,
AND
TO PROVIDE THAT CREDITS EARNED UNDER THIS SECTION MAY NOT BE APPLIED TO
PREVENT
FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION
24-13-230, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR PARTICIPATION IN
AN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO AS TO MODIFY THE
PROCEDURE FOR COMPUTING ACADEMIC AND WORK CREDITS, TO REDUCE THE MAXIMUM
ANNUAL
CREDIT FOR BOTH WORK CREDIT AND ACADEMIC CREDIT, TO NOT ALLOW A REDUCTION
IN
SENTENCE BELOW CERTAIN MINIMUMS, AND TO PROVIDE NO CREDIT EARNED UNDER THIS
SECTION MAY BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY
SUPERVISION
PROGRAM; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK
INCARCERATION PROGRAM, SO AS TO MODIFY THE DEFINITION OF "ELIGIBLE
INMATE"; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE SHOCK
INCARCERATION SELECTION COMMITTEE, SO AS TO SUBSTITUTE "DIRECTOR" FOR
"COMMISSIONER" AND SUBSTITUTE "DEPARTMENT OF PROBATION AND
COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND
PARDON SERVICES"; AND TO AMEND SECTION 24-13-1330, AS AMENDED, RELATING TO
AN INMATE'S PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO MODIFY
THE PROCEDURE AN INMATE IS CONSIDERED FOR PARTICIPATION IN THE SHOCK
INCARCERATION PROGRAM, TO SUBSTITUTE "DIRECTOR" FOR
"COMMISSIONER", TO ELIMINATE PAROLE FOR INMATES WHO COMPLETE THE
SHOCK
INCARCERATION PROGRAM, BUT REQUIRE THEM TO BE RELEASED TO COMMUNITY
SUPERVISION
AND TO PAY RESTITUTION IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED,
RELATING TO DEFINITIONS UNDER "HOME DETENTION ACT", SO AS TO
SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND
Printed Page 177 . . . . . Tuesday, January 10,
1995
SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT
PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY PROVISION OF THE
"HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF
PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION,
PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-19-160, AS AMENDED,
RELATING TO THE PROVISIONS THAT THE COURTS' POWERS AND THE JURISDICTION OF THE
PROBATION, PAROLE, AND PARDON BOARD ARE NOT AFFECTED BY THE DEPARTMENT OF
CORRECTION'S TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO SUBSTITUTE
"DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR
"DEPARTMENT
OF PROBATION, PAROLE, AND PARDON SERVICES" AND TO ELIMINATE THE PROVISION
THAT MAKES FOR PAROLE PURPOSES A SENTENCE PURSUANT TO SECTION 24-19-5, SIX
YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE
DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES AND THE BOARD OF
PROBATION,
PAROLE, AND PARDON SERVICES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION
AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND
PARDON SERVICES" AND SUBSTITUTE "BOARD OF PARDONS" FOR
"BOARD OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION
24-21-13, AS AMENDED, RELATING TO THE DUTIES OF THE DIRECTOR AND BOARD OF THE
DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO REQUIRE THE
DIRECTOR TO DEVELOP POLICIES AND PROCEDURE TO PLACE AND SUPERVISE OFFENDERS
ON
COMMUNITY SUPERVISION AND OTHER WORK RELEASE PROGRAMS, TO DEFINE COMMUNITY
SUPERVISION AND AN INMATE'S RIGHT TO BE PLACED IN THIS PROGRAM, AND TO LIMIT
THE
CASES THE BOARD MUST CONSIDER; TO AMEND SECTION 24-21-30, RELATING TO THE BOARD
OF PROBATION, PAROLE, AND PARDON SERVICES MEETINGS, SO AS TO ELIMINATE
GRANTING
PAROLE TO INMATES WHO COMMIT A CRIME AFTER JUNE 30, 1996, AND TO MODIFY THE
PROCEDURE FOR GRANTING PAROLES; TO AMEND SECTION 24-21-50, RELATING TO
HEARINGS,
ARGUMENTS, AND APPEARANCES BEFORE THE BOARD OF PROBATION, PAROLE, AND
PARDON
SERVICES, SO AS TO LIMIT
Printed Page 178 . . . . . Tuesday, January 10,
1995
THE BOARD TO CONSIDER ONLY CASES FOR PAROLE OR PARDONS; TO AMEND
SECTION 24-21-60, AS AMENDED, RELATING TO PUBLIC AGENCY AND OFFICIALS
COOPERATING WITH THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS
TO
ELIMINATE THE DIRECTOR OF THE BOARD'S ABILITY TO CONDUCT SURVEYS OF
CORRECTIONAL
FACILITIES; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO SUPERVISION FEES
PAID BY PROBATIONERS AND PAROLEES, SO AS TO INCLUDE COMMUNITY SUPERVISION IN
THE
PROGRAMS COVERED BY SUPERVISION FEES, TO GRANT THE DEPARTMENT OF PROBATION
AND
COMMUNITY SUPERVISION THE AUTHORITY TO DETERMINE SUPERVISION FEES, TO MAKE
PAYMENT OF A SUPERVISION FEE A CONDITION OF COMMUNITY SUPERVISION, AND TO
SUBSTITUTE "DEPARTMENT" FOR "BOARD" AND "COMMUNITY
SUPERVISION PROGRAM" FOR "SUPERVISED FURLOUGH PROGRAM"; TO
AMEND
SECTION 24-21-220, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR
OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO INCLUDE
COMMUNITY SUPERVISION AMONG THE PROGRAMS HE MUST EMPLOY STAFF TO CARRY OUT
HIS
DUTIES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT AND
TRAINING AND EXAMINING OF PROBATION AGENTS AND CLERICAL ASSISTANTS, SO AS TO
FURTHER PROVIDE FOR THE TRAINING AND EXAMINATION OF CERTAIN AGENTS; TO AMEND
SECTION 24-21-280, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF PROBATION
AGENTS, SO AS TO REQUIRE PROBATION AGENTS TO PROVIDE PERSONS RELEASED ON
PAROLE
OR COMMUNITY SUPERVISION A WRITTEN STATEMENT OF THE TERMS OF THEIR RELEASE
AND
MAINTAIN CONTACT WITH AND ENCOURAGE THOSE IN COMMUNITY SUPERVISION TO
IMPROVE
THEIR CONDUCT AND CONDITION, AND TO MAKE PROBATION AGENTS OFFICIAL
REPRESENTATIVES OF THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION
AND THE
BOARD OF PARDONS; TO AMEND SECTION 24-21-300, RELATING TO THE ISSUING OF A
CITATION AND AFFIDAVIT THAT A PERSON RELEASED PURSUANT TO THE PRISON
OVERCROWDING ACT IS IN VIOLATION OF HIS TERMS OF RELEASE, SO AS TO ALLOW
PROBATION AGENTS TO ISSUE CITATIONS AND AFFIDAVITS TO
Printed Page 179 . . . . . Tuesday, January 10,
1995
COMMUNITY SUPERVISION RELEASEES AND TO SUBSTITUTE "OFFENDER
MANAGEMENT SYSTEMS ACT" FOR "PRISON OVERCROWDING POWERS ACT";
TO
AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND
PARDON SERVICES BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH
SENTENCES, SO AS TO SUBSTITUTE "BOARD OF PARDONS" FOR "PROBATION,
PAROLE, AND PARDON SERVICES BOARD"; TO AMEND SECTION 24-21-950, RELATING TO
GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDONS, SO AS TO ELIMINATE
ELIGIBILITY FOR A PARDON TO PERSONS DISCHARGED FROM A SENTENCE WITHOUT
BENEFIT
OF PAROLE, PAROLEES, AND INMATES WHO BEFORE PAROLE ELIGIBILITY MUST PRODUCE
EVIDENCE COMPRISING THE MOST EXTRAORDINARY CIRCUMSTANCES, AND TO ALLOW
PERSONS
DISCHARGED FROM A SENTENCE WITHOUT BENEFIT OF SUPERVISION BE CONSIDERED FOR
A
PARDON UPON THE REQUEST OF THE INDIVIDUAL ANYTIME AFTER DISCHARGE; TO AMEND
SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION SYSTEM, SO AS TO ELIMINATE
PAROLEES FROM THE CASE CLASSIFICATION SYSTEM; TO AMEND SECTION 24-23-30,
RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO SUBSTITUTE
"SUPERVISED
PRISONERS" FOR "PAROLEES", TO INCLUDE COMMUNITY SUPERVISION
PROGRAMS IN THE COMMUNITY CORRECTIONS PLAN, SUBSTITUTE "STATE PROBATION
AGENTS" FOR "STATE PROBATION AND PAROLE AGENTS", AND TO
SUBSTITUTE "COMMUNITY SUPERVISION" FOR "PAROLE"; TO AMEND
SECTION 24-23-40, AS AMENDED, RELATING TO THE DEVELOPMENT OF A COMMUNITY
CORRECTIONS PLAN, SO AS TO INCLUDE COMMUNITY SUPERVISION RELEASEES AMONG
INDIVIDUALS OBTAINING TREATMENT UNDER THE PLAN AND TO ELIMINATE THE CONDUCT
OF
RESEARCH AND SPECIAL STUDIES ON THE ISSUE OF PAROLE OUTCOMES BY THE BOARD OF
PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-23-115, AS AMENDED,
SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY
SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES"; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO THE
TERMINATION OF SUPERVISION OF A PROBATIONER UPON RECOMMENDATION OF THE
Printed Page 180 . . . . . Tuesday, January 10,
1995
RESPONSIBLE COUNTY PROBATION OFFICE, SO AS TO ESTABLISH THE
CONDITIONS A PRISONER UNDER COMMUNITY SUPERVISION MAY BE TERMINATED FROM
SUPERVISION, AND TO ELIMINATE THE TWO-YEAR PERIOD A PROBATIONER OR SUPERVISED
PRISONER MUST WAIT AFTER SATISFACTORILY COMPLETING THE CONDITIONS OF HIS
PROBATION OR COMMUNITY SUPERVISION TO BECOME ELIGIBLE FOR TERMINATION OF
SUPERVISION; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF
ASSESSMENTS AS A CONDITION OF PROBATION AND SUPERVISION FROM RELEASE FROM
PRISON, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY
SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES", AND TO SUBSTITUTE "TREASURER" FOR
"TREASURY"; TO REPEAL ARTICLE 7 OF CHAPTER 21 OF TITLE 24, RELATING TO
PAROLE AND RELEASE FOR GOOD CONDUCT; SECTION 24-1-200, RELATING TO THE DIRECTOR
OF THE DEPARTMENT OF CORRECTION'S ABILITY TO INQUIRE INTO INMATE'S SENTENCES,
THE CONDITIONS UNDER WHICH INMATES ARE CONFINED AND RECOMMENDATIONS FOR
CLEMENCY; SECTION 24-3-40, RELATING TO THE DISPOSITION OF WAGES OF PRISONERS
ALLOWED TO WORK AT PAID EMPLOYMENT; SECTION 24-3-50, RELATING TO THE PENALTY
FOR
A PRISONER'S FAILURE TO REMAIN WITHIN EXTENDED LIMITS OF HIS CONFINEMENT;
SECTION 24-13-60, RELATING TO THE REQUIREMENT THAT CLERKS OF COURT MUST NOTIFY
THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF PERSONS CONVICTED EACH TERM;
SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS; SECTION
24-13-710, RELATING TO THE IMPLEMENTATION OF GUIDELINES AND ELIGIBILITY CRITERIA
FOR THE SUPERVISED FURLOUGH PROGRAM; AND SECTION 24-13-720, RELATING TO INMATES
WHO MAY BE PLACED IN A SUPERVISED FURLOUGH PROGRAM; AND TO DIRECT THE CODE
COMMISSIONER TO MAKE APPROPRIATE REVISIONS TO THE CODE.
Referred to Committee on Judiciary.
| Printed Page 160, Jan. 10
| Printed Page 180, Jan. 10
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