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
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Printed Page 380, Jan. 18
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Printed Page 394 . . . . . Wednesday, January 18,
1995
Rep. HARRISON proposed the following Amendment No. 1 (Doc Name
L:\council\legis\amend\BBM\9772BDW.95), which was adopted.
Amend the bill, as and if amended, Section 24-21-80, page 29, line 1, by
striking /may shall/ and inserting /may/.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 2 (Doc Name
L:\council\legis\amend\BBM\9773BDW.95), which was adopted.
Amend the bill, as and if amended, Section 16-3-1260, page 17, line 28, after
/Corrections,/ by inserting /Department of Juvenile Justice,/
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 3 (Doc Name
L:\council\legis\amend\DKA\3605CM.95), which was adopted.
Printed Page 395 . . . . . Wednesday, January 18,
1995
Amend the bill, as and if amended, page 10, SECTION 5, by
inserting before /crimes/ on line 19 /a term in excess of one year for/.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Reps. WILKINS and HARRISON proposed the following Amendment No. 4 (Doc Name
L:\council\legis\amend\DKA\3608CM.95), which was adopted.
Amend the bill, as and if amended, SECTION 9, page 12, line 8, by striking
/twenty-five/ and inserting /thirty/.
Amend further, SECTION 9, page 12, line 28, by striking /twenty-five/ and
inserting /thirty/.
Amend further, SECTION 9, page 15, line 29, by striking /twenty-five/ and
inserting /thirty/.
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. SCOTT moved to table the amendment, which was not agreed to by a division
vote of 15 to 81.
The question then recurred to the adoption of the amendment, which was agreed
to.
Rep. LIMBAUGH proposed the following Amendment No. 5 (Doc Name
L:\council\legis\amend\DKA\3238CM.95).
Amend the bill, as and if amended, SECTION 5, by inserting on page 10, line 35,
/or the court/ after /department/.
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. L. WHIPPER spoke against the amendment.
Rep. HARRISON moved to adjourn debate upon the amendment, which was adopted.
Reps. RICE, DAVENPORT and ROBINSON proposed the following Amendment No. 7 (Doc
Name L:\council\legis\amend\DKA\3606CM.95).
Amend the bill, as and if amended, SECTION 1, page 8, by inserting after
/services/ on line 37 /when the value of those services does not exceed the
limit allowable for unlicensed contractors pursuant to the South Carolina
Contractors Licensing Law/.
Printed Page 396 . . . . . Wednesday, January 18,
1995
Amend further, SECTION 1, page 9, by inserting after the period
on line 2 /Improvements of a structural, electrical, and mechanical nature must
be designed by a qualified professional engineer and must be in compliance with
applicable building codes. These improvements must be inspected and approved by
a qualified professional engineer./
Amend title to conform.
Rep. DAVENPORT explained the amendment and moved to adjourn debate upon the
amendment, which was adopted.
Rep. SCOTT proposed the following Amendment No. 8 (Doc Name
L:\council\legis\amend\DKA\3595CM.95), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION
to read:
/SECTION __. Section 24-13-1310(1) of the 1976 Code, as last amended by Act 520
of 1992, is further amended to read:
"(1) `Eligible inmate' means a person committed to the South Carolina
Department of Corrections:
(a) who has not reached the age of thirty thirty-two years at
the time of admission to the department;
(b) who is eligible for release on parole in two years or less;
(c) who has not been convicted of a violent crime as defined in Section
16-1-60;
(d)(c) who has not been incarcerated previously in a state
correctional facility or has not served a sentence previously in a shock
incarceration program;
(e)(d) who physically is able to participate in the program;
(f)(e) whose sentence specifically does not prohibit the
offender from participating in the shock incarceration program."/
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to by a division
vote of 72 to 16.
Rep. SCOTT proposed the following Amendment No. 9 (Doc Name
L:\council\legis\amend\DKA\3602CM.95).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION
to read:
/SECTION __. The 1976 Code is amended by adding:
Printed Page 397 . . . . . Wednesday, January 18,
1995
"Section 24-3-36. The Department of Corrections shall
designate a separate place of confinement for inmates who are seventy-one years
of age or older."/
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Reps. HUFF, HASKINS, MEACHAM, SCOTT, NEAL, HOWARD, TRIPP, MARCHBANKS, FAIR and
HERDKLOTZ objected to the Bill.
H. 3238--OBJECTIONS WITHDRAWN
Reps. SCOTT, NEAL and HOWARD withdrew their objections to H. 3238 however, other
objections remained upon the Bill.
H. 3137--ADOPTED AND SENT TO THE SENATE
The following Concurrent Resolution was taken up.
H. 3137 -- Reps. Inabinett, Walker, Vaughn, Simrill, Meacham, Stille, Hines,
Robinson, Baxley, Lloyd and Stuart: A CONCURRENT RESOLUTION DESIGNATING THE
FIRST THURSDAY IN MAY (MAY 4, 1995) AS "LEGISLATIVE FAMILY DAY 1995"
IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY
THE
FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT
GIVEN
BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE
DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY
TO
THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND
OBSERVE
THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON
"LEGISLATIVE FAMILY DAY 1995".
Whereas, the families of the members of the General Assembly make tremendous
sacrifices when their loved ones go to Columbia week after week during a large
part of each year to render legislative services to the people of the State and
the citizens of their respective districts who elected them to public office;
and
Whereas, these are sacrifices that the families of legislators nobly and
willingly make for the good of the State; and
Whereas, the members of the House of Representatives and the Senate should be,
and are, truly appreciative of the patience, understanding, and support given
them by their loved ones back home and feel strongly that
Printed Page 398 . . . . . Wednesday, January 18,
1995
the legislative families deserve recognition and thanks in a
very special manner. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this
resolution, designate the first Thursday in May (May 4, 1995) as
"Legislative Family Day 1995" in recognition and appreciation of the
patience and understanding shown by the families of the members of the General
Assembly and the wonderful support given by these great families to the members
as they carry out their legislative duties.
Be it further resolved that each member of the General Assembly invite a member
of his or her family to the State House as special guests of the General
Assembly to attend and observe the respective sessions in the Senate and the
House of Representatives on "Legislative Family Day 1995".
The Concurrent Resolution was adopted and ordered sent to the Senate.
MOTION PERIOD
The motion period was dispensed with on motion of Rep. HUFF.
H. 3238--AMENDED AND ORDERED TO THIRD READING
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
Printed Page 399 . . . . . Wednesday, January 18,
1995
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 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
Printed Page 400 . . . . . Wednesday, January 18,
1995
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 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,
Printed Page 401 . . . . . Wednesday, January 18,
1995
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 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
Printed Page 402 . . . . . Wednesday, January 18,
1995
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, 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
Printed Page 403 . . . . . Wednesday, January 18,
1995
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 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
Printed Page 404 . . . . . Wednesday, January 18,
1995
"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; 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
Printed Page 405 . . . . . Wednesday, January 18,
1995
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 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.
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