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Blks. 208, 209,

3.873-2.07%
(a) District 1: 4,440-0.27%;
(b) District 2: 4,481+0.65%;
(c) District 3: 4,532+1.80%;
(d) District 4: 4,479+0.61%;
(e) District 5: 4,423-0.65%;
(f) District 6: 4,341-2.49%;
(g) District 7: 4,468 +0.36%.

(2) The boundary lines defining the interior district boundaries of Laurens County School District 55 are as shown on the official map dated May 25, 1995, and designated as SD 55 95 on file with the Office of Research and Statistical Services of the State Budget and Control Board and as shown on copies provided to the school district and the Laurens County Board of Voter Registration. The official map must not be changed except by an act of the General Assembly or by a court of competent jurisdiction.

(D) The county election commission shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandi. The county election commission shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results of the election. The county election commission shall give notice of the time and purpose of the election by advertisement in a newspaper having general circulation in the county in at least two weekly issues immediately preceding the date of the election. The costs of the election must be borne by the district.

(E) The result of the election must be determined in accordance with the nonpartisan plurality method prescribed by Section 5-15-61 of the 1976 Code.

(F) An election to elect a school board trustee must be held on the first Tuesday in March, 1989 1996, by the Laurens County Election Commission in Laurens County School District 55, Election Districts 3,2, 4, and 6, and 7 as described in this section. The trustees elected in each district shall take office on April 1, 1989 1996, and shall serve a four five-year term. Thereafter After that election, successors must be elected for regular four-year terms at elections to be held on the first Tuesday in March of the appropriate year to take office on April first.

(G) The members of the Board of Trustees of School District 55 of Laurens County who were elected from Districts 1, 2, 4, and 5, as described in this section, on March 1, 1988, shall continue to serve until their successors are elected and qualify on the first Tuesday in March 1991, and each four years thereafter. Their successors shall serve regular

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. STODDARD explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.

Rep. HASKINS, with unanimous consent, made a statement relative to his illness.

Rep. ROGERS, with unanimous consent, made a statement relative to Judge Bill Campbell's illness.

Rep. HARRISON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.

Rep. MARTIN spoke in favor of granting Free Conference Powers.

Rep. ROGERS spoke against granting Free Conference Powers.

Those who voted in the affirmative are:

Allison          Anderson         Askins
Bailey           Baxley           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Brown, T.        Cain
Carnell          Cato             Cave
Clyburn          Cotty            Dantzler
Davenport        Delleney         Easterday
Fair             Felder           Fulmer
Gamble           Govan            Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Harvin           Haskins
Herdklotz        Hines            Hodges
Howard           Hutson           Inabinett
Keegan           Kelley           Keyserling
Kinon            Kirsh            Klauber
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Lloyd
Marchbanks       Martin           Mason
McAbee           McCraw           McElveen
McMahand         Meacham          Neilson
Phillips         Rhoad            Rice
Richardson       Riser            Robinson
Sandifer         Scott            Seithel
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Stuart           Thomas           Tripp
Trotter          Vaughn           Waldrop
Walker           Wells            Whatley
Whipper, L.      Whipper, S.      White
Wilder           Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Byrd             Canty            Knotts
Koon             Moody-Lawrence   Neal
Rogers           Tucker

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. MARTIN, HARRISON and LIMBAUGH to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

I voted against granting Free Conference Powers on H. 3096 because the Bill limited solicitor's discretion on those charged under the 2 strikes provision. Solicitors should not be restricted in their duties as Chief Prosecuting Officer in the Judicial Circuits.

Rep. JOHN W. TUCKER, JR.

Upon considering the changes made to the House version of the "Truth in Sentencing" Bill by the Conference Committee I could not in good conscience vote neither way to allow free conference powers. I voted for, and strongly supported the original House version. This version would have required non- violent offenders to serve 75% of their sentence before being eligible for release and required violent offenders to serve 85%. The Conference Committee severely gutted this Bill by removing these requirements and only requiring Truth in Sentencing for those crimes with a sentence of 20 years or greater. This is a major change in the House version and a deception to the public. This Bill will not deter crime.

Rep. RONALD N. FLEMING

I abstained from voting for Free Conference Powers on the Crime Bill because truth in sentencing does not apply to non-violent offenses. I voted for the Bill on voice vote.

Rep. RICHARD M. QUINN, JR.

The Conference Committee Report was simply not the strong Bill sent to the Senate originally by the House vote earlier this year.

I voted against giving Free Conference powers to the Conference Committee because the compromise version simply guts the Bill passed by the House earlier this year of crimes of a non-violent nature with sentences of less than 20 years.

Rep. J.M. KNOTTS, JR.

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

SECTION 1. The 1976 Code is amended by adding:

"Section 24-13-100. For purposes of definition under South Carolina law, a `no parole offense' means a class A, B, or C felony or an offense exempt from classification as enumerated in Section 16-1-10(d), which is punishable by a maximum term of imprisonment for twenty years or more.

SECTION 2. The 1976 Code is amended by adding:

"Section 24-13-125. (A) Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a `no parole offense', as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for work release until the prisoner has served not less than eighty percent of the actual term of imprisonment imposed. This percentage

(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection."

SECTION 3. The 1976 Code is amended by adding:

"Section 24-13-150. (A) Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a `no parole offense' as defined in Section 24- 13-100 and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the prisoner has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.

(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the

SECTION 4. The 1976 Code is amended by adding:

"Section 24-13-175. Notwithstanding any other provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year."

SECTION 5. The 1976 Code is amended by adding:

"Section 24-21-560. (A) Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, any sentence for a `no parole offense' as defined in Section 24-13-100 must include any term of incarceration and completion of a community supervision program operated by the Department of Probation, Parole and Pardon Services. No prisoner who is serving a sentence for a `no parole offense' is eligible to participate in a community supervision program until he has served the minimum period of incarceration as set forth in Section 24-13-150. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from early release, discharge, or work release by any other provision of law to be eligible for early release, discharge, or work release.

(B) A community supervision program operated by the Department of Probation, Parole and Pardon Services must last no more than two continuous years. The period of time a prisoner is required to participate in a community supervision program and the individual terms and conditions of a prisoner's participation shall be at the discretion of the department based upon guidelines developed by the director. A prisoner participating in a community supervision program must be supervised by a probation agent of the department. The department must determine when a prisoner completes a community supervision program, violates a term of community supervision, fails to participate in a program satisfactorily, or whether a prisoner should appear before the court for revocation of the community supervision program.

(C) If the department determines that a prisoner has violated a term of the community supervision program and the community supervision should be revoked, a probation agent must initiate a proceeding in General Sessions Court. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the violations of the community supervision program. The court shall determine whether:

(1) the terms of the community supervision program are fair and reasonable;

(3) the prisoner should continue in the community supervision program under the current terms;

(4) the prisoner should continue in the community supervision program under other terms and conditions as the court considers appropriate;

(5) the prisoner has wilfully violated a term of the community supervision program.

If the court determines that a prisoner has wilfully violated a term or condition of the community supervision program, the court may impose any other terms or conditions considered appropriate and may continue the prisoner on community supervision, or the court may revoke the prisoner's community supervision and impose a sentence of up to one year for violation of the community supervision program. A prisoner who is incarcerated for revocation of the community supervision program is not eligible to earn any type of credits which would reduce the sentence for violation of the community supervision program.

(D) If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department pursuant to subsection (B) when he is released from incarceration.

A prisoner who is sentenced for successive revocations of the community supervision program may be required to serve terms of incarceration for successive revocations, as provided in Section 24-21-560(C), and may be required to serve additional periods of community supervision for successive revocations, as provided in Section 24-21-560(D). The maximum aggregate amount of time the prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed for the original `no parole offense.' The original term of incarceration does not include any portion of a suspended sentence.

If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any other term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment.

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