1995 Permanent House Journal Printed Pages 380-394 - South Carolina Legislature Online

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

Printed Page 370, Jan. 18 | Printed Page 394, Jan. 18

Printed Page 380 . . . . . Wednesday, January 18, 1995

H. 3301 -- Reps. L. Whipper, Neilson, Askins, Inabinett, Hines, Govan, Harvin, Harwell, Lloyd, Phillips, Moody-Lawrence, Breeland, Neal, Williams, Byrd, S. Whipper, Canty, Cave, Richardson, Beatty and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.

Referred to Committee on Judiciary.

H. 3302 -- Reps. Davenport, Shissias, H. Brown, Cotty, Allison, Fair and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-435 SO AS TO PROHIBIT THE FRAUDULENT ACQUISITION OF PUBLIC FUNDS OR BENEFITS AND TO PROVIDE PENALTIES; AND TO REPEAL SECTION 16-13-430 RELATING TO FRAUDULENT ACQUISITION OR USE OF FOOD STAMPS.

Referred to Committee on Judiciary.

H. 3303 -- Reps. Davenport, Allison, Wells, A. Young, Fair, Quinn, Delleney and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-441 SO AS TO AUTHORIZE STUDENT-INITIATED VOLUNTARY PRAYER AT SCHOOL ACTIVITIES AND EVENTS AND TO ALLOW A

Printed Page 381 . . . . . Wednesday, January 18, 1995

TEACHER OR SCHOOL ADMINISTRATOR TO PERMIT STUDENTS TO PARTICIPATE VOLUNTARILY IN SUCH PRAYER.

Referred to Committee on Education and Public Works.

H. 3304 -- Reps. Sharpe, Law, H. Brown, Mason, Meacham, A. Young, Simrill, Huff, Haskins, Felder, Hutson, Knotts, Robinson, Trotter, Stuart, P. Harris, Tripp, Fulmer, Delleney, Whatley, Richardson, Townsend, Riser, Dantzler, Chamblee, Koon, Lanford, Witherspoon, Sandifer, Fleming and D. Smith: A BILL TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO ASCERTAIN THE WISHES OF THE QUALIFIED ELECTORS OF THIS STATE AS TO WHETHER OR NOT THE CONFEDERATE BATTLE FLAG SHOULD BE FLOWN ABOVE THE STATE HOUSE, TO PROVIDE FOR THE MANNER IN WHICH THIS REFERENDUM SHALL BE CONDUCTED, AND TO PROVIDE FOR THE DISPLAY OR PROHIBITION OF THE DISPLAY OF THE FLAG AFTER THE RESULTS OF THE REFERENDUM ARE CERTIFIED.

Referred to Committee on Judiciary.

H. 3305 -- Reps. Kennedy, Whatley, Askins, Delleney, McCraw, S. Whipper and Phillips: A BILL TO AMEND SECTION 57-5-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS, SO AS TO REQUIRE INSTALLATION FOR EXISTING BUSINESS FACILITIES AND TO LIMIT THE LENGTH OF AN ENTRANCE.

Referred to Committee on Education and Public Works.

H. 3306 -- Reps. Simrill and Meacham: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES, SO AS TO PROVIDE FOR SUCH FORFEITURE UPON A SECOND OR SUBSEQUENT, RATHER THAN A FOURTH OR SUBSEQUENT, VIOLATION OF DRIVING UNDER SUSPENSION AND UPON A SECOND OR SUBSEQUENT, RATHER THAN A FOURTH OR SUBSEQUENT, VIOLATION OF DRIVING UNDER THE INFLUENCE.

Referred to Committee on Judiciary.

Printed Page 382 . . . . . Wednesday, January 18, 1995

H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.

On motion of Rep. J. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3308 -- Rep. Waldrop: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER PARTICULAR

Printed Page 383 . . . . . Wednesday, January 18, 1995

OPTIONS TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE UNDER CERTAIN CONDITIONS, AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.

Referred to Committee on Judiciary.

H. 3309 -- Rep. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-612 SO AS TO ESTABLISH SIMPLE TRESPASS AS A MISDEMEANOR AND PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3310 -- Rep. Rogers: A BILL TO AMEND SECTION 20-7-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT FOR SUPPORT OR TREATMENT OF A CHILD, SO AS TO PROVIDE THAT THE SOLICITOR MAY PETITION THE COURT TO ORDER THE PARENTS OF A CHILD WHO IS COMMITTED BY THE COURT TO THE CUSTODY OTHER THAN THAT OF THE CHILD'S PARENTS OR WHO IS GIVEN MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC TREATMENT UNDER ORDER OF THE COURT TO PAY CHILD SUPPORT WHEN THE CHILD IS COMMITTED TO OR DETAINED IN THE CUSTODY OF A COUNTY DETENTION FACILITY OR THE DEPARTMENT OF JUVENILE JUSTICE; AND TO AMEND SECTION 20-7-2180, AS AMENDED, RELATING TO THE RESPONSIBILITY FOR A CHILD COMMITTED TO CUSTODY, SO AS TO PROVIDE THAT ALL EXPENSES OF A CHILD COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE MUST BE BORNE BY THE STATE EXCEPT AS OTHERWISE PROVIDED BY LAW.

Referred to Committee on Ways and Means.

H. 3311 -- Rep. Rogers: A BILL TO AMEND SECTION 7-5-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICATION BE WITNESSED BY A QUALIFIED ELECTOR FROM THE RESPECTIVE

Printed Page 384 . . . . . Wednesday, January 18, 1995

COUNTY AND PROVIDE THAT IT ONLY BE WITNESSED BY A QUALIFIED ELECTOR.

Referred to Committee on Judiciary.

H. 3312 -- Rep. Rogers: A BILL TO AMEND SECTION 7-17-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 7-17-260 AND 7-17-270, BOTH AS AMENDED, RELATING TO APPEALS FROM DECISIONS OF THE STATE BOARD OF CANVASSERS, SO AS TO SUBSTITUTE AN ADMINISTRATIVE LAW JUDGE FOR THE STATE BOARD IN HEARING CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN ELECTIONS.

Referred to Committee on Judiciary.

H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.

Referred to Committee on Judiciary.

HOUSE RESOLUTION

On motion of Rep. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:

H. 3313 -- Reps. D. Smith and Beatty: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE FOOTBALL TEAM OF SPARTANBURG HIGH SCHOOL, CLASS AAAA DIVISION 1 STATE CHAMPIONS FOR 1994, AND THE TEAM'S COACHES ON THURSDAY, FEBRUARY 23, 1995, FOR THE PURPOSE OF BEING

Printed Page 385 . . . . . Wednesday, January 18, 1995

RECOGNIZED ON WINNING THE CLASS AAAA DIVISION 1 STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the football team of Spartanburg High School and the team's coaches be extended the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, February 23, 1995, for the purpose of being recognized on winning the Class AAAA Division 1 State Championship.

The Resolution was adopted.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison          Anderson         Askins
Bailey           Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Brown, T.
Byrd             Cain             Carnell
Cato             Cave             Chamblee
Clyburn          Cobb-Hunter      Cooper
Cotty            Cromer           Dantzler
Delleney         Easterday        Elliott
Felder           Fleming          Fulmer
Gamble           Govan            Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Harvin           Harwell
Haskins          Herdklotz        Hines
Hodges           Howard           Huff
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Lloyd            Marchbanks       Martin
Mason            McAbee           McCraw
McKay            McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Phillips         Quinn            Rhoad
Rice             Richardson       Riser
Robinson         Rogers           Sandifer

Printed Page 386 . . . . . Wednesday, January 18, 1995

Scott            Seithel          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stoddard         Stuart
Thomas           Townsend         Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Whatley          Whipper, L.      Whipper, S.
White            Wilder           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday,
January 18.
Michael L. Fair             G. Ralph Davenport, Jr.
Dewitt Williams             Timothy C. Wilkes

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence for today and tomorrow to attend a National Church meeting.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WILKES a temporary leave of absence.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

S. 334 -- Senators McGill, Glover and Leatherman: A BILL TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF

Printed Page 387 . . . . . Wednesday, January 18, 1995

DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.

H. 3238--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 3238 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-435 SO AS TO ALLOW LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND CHARITABLE ORGANIZATIONS TO USE INMATES TO PERFORM CONSTRUCTION, REPAIR, AND MAINTENANCE SERVICES; 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 SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO AS TO PROVIDE A PERSON WHO COMMITS A CRIME SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS 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 THAT MAY BE IMPOSED DURING THIS PROCEEDING; TO AMEND SECTION

Printed Page 388 . . . . . Wednesday, January 18, 1995

16-3-625, RELATING TO RESISTING ARREST WITH A DEADLY WEAPON, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE CHARGED WITH THE CRIME, REVISE THE PENALTY, AND TO REVISE THE DEFINITION OF "DEADLY WEAPON"; TO AMEND SECTION 16-3-1180, AS AMENDED, RELATING TO THE COMPENSATION OF CRIME VICTIMS, SO AS TO REVISE THE MAXIMUM AWARD A CRIME VICTIM MAY RECEIVE; 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 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 UPON A PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO AS TO REDUCE THE NUMBER OF PRIOR CONVICTIONS TO TWO BEFORE A LIFE SENTENCE MAY BE IMPOSED, EXCEPT FOR A CRIME FOR WHICH A SENTENCE OF DEATH HAS BEEN IMPOSED, TO DEFINE "LIFE IMPRISONMENT", AND REQUIRE

Printed Page 389 . . . . . Wednesday, January 18, 1995

THE SOLICITOR TO GIVE WRITTEN 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, TO ALLOW THE DEPARTMENT TO DENY WORK RELEASE BASED ON OPINIONS RECEIVED FROM THESE INDIVIDUALS, AND TO ALLOW INMATES TO PARTICIPATE IN THE DEPARTMENT OF CORRECTIONS RESTITUTION PROGRAM; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS, SO AS TO ADD THE TERM "COMMUNITY SUPERVISION"; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR GOOD BEHAVIOR, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING GOOD BEHAVIOR CREDITS, 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 24-13-1320, AS AMENDED, RELATING TO THE SHOCK INCARCERATION SELECTION COMMITTEE, SO AS TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER" AND SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY

Printed Page 390 . . . . . Wednesday, January 18, 1995

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 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", AND TO NOT DIMINISH THE AUTHORITY OF THE COURTS, THE DEPARTMENT OF JUVENILE JUSTICE, OR THE DEPARTMENT OF PROBATION AND COMMUNITY SERVICES TO REGULATE OR IMPOSE CONDITIONS ON COMMUNITY SUPERVISION; 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,

Printed Page 391 . . . . . Wednesday, January 18, 1995

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, 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 THE BOARD TO CONSIDER ONLY HEARINGS FOR PAROLE OR PARDONS AND NOT TO ALLOW AN INMATE THE RIGHT TO CONFRONTATION DURING THESE HEARINGS; 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 PROBATION, PAROLE, OR COMMUNITY SUPERVISION, TO SUBSTITUTE "DEPARTMENT" FOR "BOARD" AND "COMMUNITY SUPERVISION PROGRAM" FOR "SUPERVISED FURLOUGH PROGRAM", AND TO REVISE THE CONDITIONS FOR WHICH A PERSON MAY BE EXEMPTED FROM PAYING SUPERVISION FEES; 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

Printed Page 392 . . . . . Wednesday, January 18, 1995

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 COMMUNITY SUPERVISION RELEASEES, TO SUBSTITUTE "OFFENDER MANAGEMENT SYSTEMS ACT" FOR "PRISON OVERCROWDING POWERS ACT", AND TO ALLOW A CERTIFICATE OF SERVICE TO BE SUFFICIENT PROOF OF SERVICE THAT A CITATION HAS BEEN SERVED; 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 ALLOW A CRIME VICTIM OR A MEMBER OF A CONVICTED PERSON'S FAMILY TO PETITION FOR A PARDON FOR A PERSON WHO HAS COMPLETED COMMUNITY SUPERVISION OR HAS BEEN DISCHARGED FROM A SENTENCE 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;

Printed Page 393 . . . . . Wednesday, January 18, 1995

TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION SYSTEM, SO AS TO MAKE TECHNICAL REVISIONS; 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 RESPONSIBLE COUNTY PROBATION OFFICE, SO AS 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 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 24-13-60, RELATING TO THE REQUIREMENT THAT CLERKS OF COURT MUST NOTIFY THE DEPARTMENT OF CORRECTIONS OF THE

Printed Page 394 . . . . . Wednesday, January 18, 1995

NUMBER OF PERSONS CONVICTED EACH TERM; SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS; SECTION 24-13-610, RELATING TO THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-620, RELATING TO THE REQUIREMENTS OF EXTENDED WORK RELEASE PROGRAM PARTICIPANTS; SECTION 24-13-630, RELATING TO THE DUTIES OF THE DEPARTMENT OF CORRECTIONS REGARDING THE EXTENDED WORK RELEASE PROGRAM; 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; TO DIRECT THE CODE COMMISSIONER TO MAKE APPROPRIATE REVISIONS TO THE CODE; AND TO SAVE PENDING MATTERS.

Printed Page 370, Jan. 18 | Printed Page 394, Jan. 18

Page Finder Index