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R. Section 24-3-20 of the 1976 Code, as last amended by Act 181 of 1993 and Act 500 of 1994, 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, including a county jail or prison camp, whether maintained by the State department of Corrections or otherwise. Provided, that if If the facility is not maintained by the department, the consent of the sheriff of the county wherein where the facility is located must first be obtained.

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.

No prisoner's place of confinement may be extended as permitted by this subsection who is currently serving a sentence for or has a prior conviction of criminal sexual conduct in the first, second, or third degree,

(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 and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.
(d)(D) Notwithstanding Section 24-13-100, the department of Corrections may establish a restitution program for the purpose of allowing persons convicted of nonviolent all offenses who are sentenced to the State department of Corrections to reimburse the victim for the value of the property stolen or damages caused by such the offense. In the event that there is If no victim is involved, the person convicted shall contribute to the administration of the program. The department of Corrections is authorized to promulgate regulations necessary to administer the program.

(e)(E) In the event that If 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

S. 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, or community supervision;"

T. 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 three 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 is 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 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 one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good behavior credits must be computed.

(c)(C) If, during the term of imprisonment, a prisoner commits any an offense or violates any one of the rules of the institution, all or any part of his good conduct time may be forfeited at the discretion of the Director of the Department of Corrections, if the prisoner be is confined in facilities of the department, or in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.

U. Section 24-13-230(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(a) The Director of the Department of Corrections may allow any a prisoner in the custody of the department, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days computed at the rate of six days for every month he is employed or enrolled. However, no inmate serving the sentence of life imprisonment is entitled to credits under this provision. A maximum annual credit for both work credit and class credit is limited to one hundred eighty seventy-two days. However, no inmate is entitled to a reduction below the minimums provided in Section 24-13-150. The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. No credits earned under this section may be applied in a manner which would prevent full participation in the department's prerelease and the community supervision program under Section 24-21-560."

V. Section 24-13-1320(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(B) For each reception center the commissioner director shall appoint or cause to be appointed a shock incarceration selection committee which must include at least one representative of the Department of Probation, Parole, and Pardon Services Community Supervision and which shall meet on a regularly scheduled basis to review all applications for a program."

W. Section 24-13-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-13-1330. (A) An eligible inmate may make an application to the shock incarceration screening committee for permission to participate in a shock incarceration program. If the department has a victim witness notification request for an eligible inmate who has made an application, it shall notify the victim of the application.

(C)(B) An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:

`I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the director. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence.'

(D)(C) An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release released to community supervision for a period of two continuous years, notwithstanding the provisions of Section 24-21-560, and with the requirement to pay restitution, if applicable.

(E)(D) Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program."

X. Section 24-13-1520(1) and (2) of the 1976 Code, as last amended by Act 181 of 1993 and Act 508 of 1994, is further amended to read:

"(1) `Department' means, in the case of a juvenile offender, the Department of Juvenile Justice and, in the case of an adult offender, the Department of Probation, Parole and Pardon Services Community Supervision, the Department of Corrections, and any other law enforcement agency created by law.

(2) `Court' means a circuit, family, magistrate's, or municipal court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services Community Supervision, the Board of Juvenile Parole, and the Department of Corrections."

Y. Section 24-13-1590(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

Z. Section 24-19-160 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-19-160. Nothing in this chapter shall limit limits or affect affects the power of any a court to suspend the imposition or execution of any a sentence and place a youthful offender on probation.

Nothing in this chapter shall may be construed to amend, repeal, or affect the jurisdiction of the Department of Probation, Parole, and Pardon Services Board Community Supervision. For parole purposes, a sentence pursuant to Section 24-19-50 (c) shall be considered a sentence for six years."

AA. Section 24-21-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-10. (A) The Department of Probation, Parole and Pardon Services Community Supervision, hereafter referred to as the `department', is governed by the director of Probation, Parole and Pardon Services the department, hereafter referred to as the `director'. The director must be appointed by the Governor with the advice and consent of the Senate.

(B) The Board of Probation, Parole and Pardon Services Pardons is composed of seven members. The terms of office of the members are for six years four years with a maximum service of three terms and until their successors are appointed and qualify. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at-large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms."

BB. Section 24-21-13 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-13. (A) It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following:

(2) the consideration of paroles and pardons and the supervision and removal of offenders on community supervision and other offenders released from incarceration before the expiration of their sentence. Community supervision is a form of clemency which is decided administratively by the Department of Probation and Community Supervision. No inmate or future inmate shall have a `liberty interest' or an `expectancy of release' in community supervision. There is no right to appeal the revocation decision;

(3) the operation of community-based correctional programs; and

(4) the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations.; and

The director shall establish priority programs for litter control along state and county highways. This must be included in the `public service work' program.

(B) It is the duty of the board to consider cases for parole, and pardon, and any other form of clemency provided for under law."

CC. Section 24-21-30 of the 1976 Code is amended to read:

"Section 24-21-30. All persons who commit a crime after June 30, 1996, are not eligible for parole consideration. For crimes committed before July 1, 1996, the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on such panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any vote that is not unanimous shall not be considered as a decision of the board and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership. The board may grant parole to a violent offender by a two-thirds majority vote of the full board. The board may grant parole to an offender who committed a violent crime before June 3, 1986, by a

DD. Section 24-21-50 of the 1976 Code is amended to read:

"Section 24-21-50. The board shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering any a case for parole, or pardon or any other form of clemency provided for under law. No inmate has a right of confrontation at the hearing."

EE. Section 24-21-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-60. Every Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the director of the department, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of the State Penitentiary, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys."

FF. Section 24-21-80 of the 1976 Code, as last amended by Section 26, Part II, Act 164 of 1993, is further amended to read:

"Section 24-21-80. Every person granted parole by the board and every An adult placed on probation, parole, or community supervision by a court of competent jurisdiction shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the Department of Probation and Community Supervision based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department, carried forward, and applied to the department's operation. The payment of the fee must be a condition of parole or probation, parole, or

If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board places a parolee under intensive supervision, or if the department places an inmate who is participating in the Supervised Furlough Program is placed community supervision program under intensive supervision, the probationer, parolee, or inmate is required to pay not less than ten dollars nor more than thirty dollars each week for the duration of intensive supervision in lieu of the regular supervision fee. The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department determines that exceptional circumstances exist such that these payments work a severe hardship on the individual. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount. The department may substitute public service employment for supervision fees when it considers the same to be in the best interest of the State and the individual."

GG. Section 24-21-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-220. The director shall be is vested with the exclusive management and control of the department and shall be is responsible for the management of the department and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department and it shall be is the duty of the director to carry out the policies of the department. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation, and parole, and community supervision, community based programs, financial management, research and planning, staff development and training, and internal audit. The

HH. Section 24-21-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-230. The director must employ such probation agents as required for service in the State and such clerical assistants as may be necessary. Such The probation and parole agents must take and pass such psychological and qualifying examinations as directed by the director. The director must ensure that each probation agent receives adequate training. Until such the initial employment requirements are met, no person may take the oath of a probation agent nor exercise the authority granted thereto to them."

II. Section 24-21-280 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-280. A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, or parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation, or parole, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require. A probation agent must have, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and to the extent necessary the same right to execute process given by law to sheriffs. In the performance of his duties of probation, and parole, and community supervision, and investigation and supervision, he is regarded as the official representative of the court, and the department, and the board."

JJ. Section 24-21-300 of the 1976 Code is amended to read:

"Section 24-21-300. At any time during a period of supervision, a probation and parole agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or any a person released or furloughed

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